A/66/288
18. Shortly after assuming his mandate in May 2008, the Special Rapporteur was
asked by indigenous organizations and the President of the Constituent Assembly of
Ecuador, as part of the programme of technical assistance provided by UNDP in the
country, to provide technical assistance with the constitutional revision process. The
Special Rapporteur visited Ecuador and submitted a number of observations to the
Government in the light of relevant international norms (A/HRC/9/9/Add.1,
para. 502). Ecuador’s new constitution was approved by referendum in September
2008 with significant provisions affirming indigenous peoples’ collective rights.
19. The Special Rapporteur has continued to monitor the implementation by
Ecuador of those reforms and subsequent legislation and, in 2010, presented to the
Council at its fifteenth session his observations on progress made and challenges
remaining with regard to implementing the constitutional guarantees for indigenous
people in Ecuador (A/HRC/15/37/Add.7). Furthermore, he has provided comments
on various drafts of legislation currently under consideration by the National
Assembly of Ecuador to coordinate indigenous customary justice systems with the
national justice system, in accordance with related provisions of the Constitution.
20. Similarly, in April 2009, the Special Rapporteur submitted a report to the
Government of Chile outlining and analysing the international norms on the duty to
consult indigenous peoples in relation to the constitutional reform process in Chile
(A/HRC/12/34/Add.6, appendix A).
21. In July 2010, the Special Rapporteur provided an analysis of international
standards relevant to the development in Colombia of a law or regulation on the
duty to consult with indigenous peoples and Afro-Colombian communities on
matters affecting them. His input was part of an initiative launched by OHCHR at
the request of an advisory group on the matter of the Ministry of Interior and Justice
of Colombia.
22. Likewise, over the course of several weeks in February 2011 the Special
Rapporteur provided observations on the initiative of the Government of Guatemala
to regulate a procedure for consultation with indigenous peoples.
23. Additionally, at the request of the Government of Suriname and indigenous
and tribal peoples, the Special Rapporteur provided observations and
recommendations on a process to develop legislation to secure indigenous and tribal
peoples’ rights to lands and resources, in the light of binding judgments issued in
this
connection
by
the
Inter-American
Court
of
Human
Rights
(A/HRC/18/35/Add.7). The observations and recommendations were based in part
on information gathered during a visit to Suriname in March 2011.
24. In December 2008, the Special Rapporteur attended a ceremony in Awas
Tingni, Nicaragua, during which the Government handed over to the indigenous
community the long-awaited title to its ancestral lands, as required by a 2001
judgement of the Inter-American Court of Human Rights. He commended the
Government of Nicaragua for taking steps to implement the judgement, and has
continued discussions with the Government to encourage progress towards securing
the rights to land and resources of other indigenous communities in that country.
2.
Promoting good practices by international institutions and authorities
25. The Special Rapporteur has sought to promote decisions, programmatic
reforms and initiatives by international actors, at both the global and regional levels,
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