A/66/288
60. On occasion, the Special Rapporteur has issued media or other public
statements in response to issues of immediate concern arising in specific countries.
He has issued public statements on the following issues: Government reactions to
protests by the Rapa Nui people on Easter Island (Chile); concerns surrounding a
hunger strike by Mapuche indigenous prisoners protesting charges brought against
them under an anti-terrorism law (Chile); protests by indigenous peoples against
legislation on mining (Panama); laws and policies regarding consultation with
indigenous peoples (Peru); and concerns over legislation adopted by the State of
Arizona (United States) giving the police the power to detain suspected illegal
immigrants and the effects of this legislation on indigenous peoples in the United
States/Mexico border region.
D.
Thematic studies
61. During the first three years of his mandate, the Special Rapporteur sought to
identify common issues or matters of concern to indigenous peoples throughout the
world and to address those concerns with informed analysis and recommendations.
His analyses of thematic issues have built upon his examination of national
situations and cases, and have been further informed by his experiences in the
promotion of good practices. In each of his annual reports to the Human Rights
Council, he has examined key issues, including the following: the significance of
the United Nations Declaration on the Rights of Indigenous Peoples; the duty of
States to consult with and obtain the consent of indigenous peoples before adopting
measures that affect them; the responsibility of corporations to respect the rights of
indigenous peoples; and, most recently, and building on the previous themes, issues
related to extractive industries operating in or near indigenous peoples’ traditional
territories.
IV. Overview of key thematic issues examined 1
A.
United Nations Declaration on the Rights of Indigenous Peoples
1.
Overview
62. During the last three decades, the demands of indigenous peoples across the
world have led to the gradual emergence of a common body of opinion on the rights
of these peoples based on long-standing principles of international human rights law
and policy. The emergence of this common understanding has further been reflected
in and supported by constitutional, legislative and institutional reforms at the
national level. The adoption by the General Assembly in 2007 of the United Nations
Declaration on the Rights of Indigenous Peoples is the most prominent
manifestation of this common body of opinion, encapsulating as it does a widely
shared understanding of the rights of indigenous peoples that has been building over
decades from a foundation of existing sources of international human rights law.
63. The Declaration’s preamble stresses the essentially remedial purpose of the
instrument. Far from affirming special rights per se, the Declaration aims at
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1
12
This section summarizes the Special Rapporteur’s examination of the United Nations
Declaration on the Rights of Indigenous People in A/HRC/9/9 (paras. 18-43).
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