A/66/288
52. The Special Rapporteur aims to engage actively with States, indigenous
peoples and others to closely monitor and evaluate situations, identify underlying
causes of immediate problems, promote specific action that builds on advances
already made and make recommendations that are practical, founded on available
knowledge and in accordance with relevant human rights standards.
53. Therefore, for some cases examined, the Special Rapporteur has developed
detailed observations and recommendations that he has communicated to
Governments, regarding the action which, in his view, States and, as appropriate,
other interested parties should take to address those situations, within the framework
of the relevant international standards. He will continue to engage with States about
these specific situations and hopes that the dialogue to date has been useful for the
Governments and indigenous peoples concerned.
54. Certain communications received by the Special Rapporteur contain
allegations of specific violations of human rights of indigenous peoples that warrant
deeper analysis. For these matters, he has carried out site visits to countries as part
of his examination of those cases. As a result of the visits, he has issued detailed
observations with analyses and recommendations, in the hope that they will be of
use to the Governments and indigenous peoples concerned in their efforts to address
the problems raised.
55. In that connection, in April 2011 the Special Rapporteur travelled to Costa
Rica to examine the situation of indigenous peoples affected by the El Diquís
hydroelectric project. The Special Rapporteur provided the Government and
indigenous stakeholders with his observations and recommendations on the situation
(A/HRC/18/35/Add.8).
56. Similarly, in June 2010, the Special Rapporteur visited Guatemala to discuss
the implementation of the principles of consultation with indigenous peoples in the
country, particularly in relation to extractive industries, with a special focus on the
situation of indigenous peoples affected by the Marlin mine in the municipalities of
San Miguel Ixtuhuacán and Sipacapa (A/HRC/18/35/Add.3).
57. In February 2009, the Special Rapporteur travelled to Panama to examine the
situation of the indigenous communities affected by the construction of a
hydroelectric project on the Changuinola River in Panama (A/HRC/12/34/Add.5). In
June 2009, he went to Peru immediately following the confrontations between
indigenous peoples and the police in Bagua, Peru, in order to examine first hand the
human rights issues (A/HRC/12/34/Add.8).
58. During his visit to Australia in August 2009, the Special Rapporteur followed
up on earlier communications concerning the effects on indigenous rights of the
Northern Territory Emergency Response of the Government of Australia. He
prepared a special report containing his observations on that matter, which was
annexed to his report on the situation of indigenous peoples in Australia
(A/HRC/15/37/Add.4, appendix B.)
59. The Special Rapporteur believes that his ability to intervene rapidly in
situations of crisis involving indigenous peoples, such as the situation of Bagua in
Peru, has proved to be an effective use of his mandate, allowing him to play a key
role in the resolution, mitigation or improvement of situations of crisis involving
indigenous peoples.
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