A/HRC/15/37
of New Zealand officially declared its support for the Declaration at the most recent session
of the Permanent Forum.
14.
The Special Rapporteur also wishes to express his satisfaction at the statement made
by the representative of the United States, also during the session of the Permanent Forum,
that his Government had revised its position with regard to the Declaration in the light of its
domestic legislation and policies. Similarly, the Special Rapporteur takes note that on 3
March 2010, the Governor General of Canada, in her Speech from the Throne, said that
Canada “will take steps to approve” the Declaration “in a manner consistent with the
Constitution and laws of Canada”. Once these measures have taken effect, the United States
and Canada will join the great majority of Member States of the United Nations that
support the Declaration, and opposition to it will become a thing of the past.
15.
In May 2010, the Special Rapporteur participated in a seminar on “Interculturality
and the gas and petroleum industry in Latin America and the Caribbean”, held in
Cartegena, Colombia, and sponsored by the Asociacion Regional de Empresas de Petróleo
y Gas Natural en Latinoamérica y el Caribe (ARPEL). The seminar provided the Special
Rapporteur with an opportunity to present to representatives and heads of petroleum and
gas companies in the region his considerations with respect to the responsibility of private
companies to be aware of and respect international standards concerning the rights of
indigenous peoples.
16.
In July 2010, the Special Rapporteur participated in an advisory capacity in the
process of drawing up a draft bill on consultation with indigenous peoples, which is
currently under way in Colombia. The Special Rapporteur’s advisory services were part of
an initiative by the Colombia Office of the United Nations High Commissioner for Human
Rights which, at the request of the Working Party on Prior Consultation of the Ministry of
the Interior and Justice of Colombia, is carrying out a participatory process in compliance
with the State’s duty to consult indigenous peoples and Afro-Colombian communities.
2.
Thematic studies
17.
Recognizing the central role played by the Expert Mechanism on the Rights of
Indigenous Peoples in the preparation of thematic studies, the Special Rapporteur has
continued to support the Expert Mechanism’s work in that regard (see paragraph 6 above).
In addition, the Special Rapporteur, just as he had done in previous years, has continued to
pursue his own investigations into questions which tend to arise repeatedly in relation to the
different activities he carries out under his mandate and which reflect widespread patterns
or common problems faced by indigenous peoples in the enjoyment of their human rights.
During the past year, the Special Rapporteur has taken special interest in analysing the role
of companies with regard to indigenous rights, a question that is examined in detail in the
second part of this report (see paragraphs 26 to 91 below).
18.
As part of that investigation, and following a recommendation by the Permanent
Forum, the Special Rapporteur suggested and participated in a meeting of experts held in
October 2009 in Sitges, Spain, and sponsored by the NGOs Kreddha and UNESCOCatalunya, during which the participants analysed sources of conflicts arising from
extractive activities carried out by companies in indigenous territories, and possible ways of
preventing and resolving such conflicts. The meeting debates served as a highly valuable
contribution to the preparation of the present report.
19.
Among the other themes that the Special Rapporteur is studying or plans to study are
legal pluralism and indigenous customary law, the situation of voluntarily isolated
indigenous peoples, and the situation of indigenous communities and individuals living in
urban areas.
GE.10-15075
5