E/CN.4/2006/78
page 4
Introduction
1.
The mandate of the Special Rapporteur was established by the Commission on
Human Rights in its resolution 2001/57 and extended for a further period of three years in 2004.
In 2005 the Special Rapporteur submitted his fourth report to the Commission (E/CN.4/2005/88)
and his second report to the General Assembly (A/60/238). During the year he undertook
official missions to South Africa from 28 July to 8 August and to New Zealand from 2 to
11 November 2005. The relevant mission reports are annexed hereto (E/CN.4/2006/78/Add.2
and 3).
2.
The Special Rapporteur is now pleased to transmit to the Commission his fifth annual
thematic report, which deals with the topics of constitutional reform, legislation and
implementation of laws regarding the promotion and protection of the rights of indigenous
peoples and their effective application, as well as the implementation of the various international
standards and decisions of the relevant treaty bodies.
3.
Pursuant to resolution 2005/51, the Special Rapporteur submits to the Commission a
progress report on the study regarding best practices carried out to implement the
recommendations contained in his reports (E/CN.4/2006/78/Add.4). He attended various
meetings with governmental authorities in connection with the project of the Office of the
United Nations High Commissioner for Human Rights (OHCHR) to carry out the Special
Rapporteur’s recommendations in Mexico and Guatemala. He also liaised with the various
special human rights mechanisms and agencies of the United Nations. As part of the follow-up
to his visit to Colombia in 2004, he exchanged information with the Special Adviser of the
Secretary-General on the Prevention of Genocide in connection with the extremely vulnerable
situation of some small indigenous communities in the Amazon region who may be on the verge
of extinction as a result of the violence there (see E/CN.4/2005/88/Add.2). Additional
information concerning these reports has been sought from the Colombian authorities, and the
Special Rapporteur is confident of the Government’s cooperation in clarifying the situation and
averting possible irremediable outcomes. In preparing this report he received support from
Governments, United Nations bodies and programmes and many organizations of indigenous
peoples, human rights associations, scholars and researchers and professionals who provided
valuable information on legislative, political, judicial and administrative topics relating to the
rights of indigenous peoples.
4.
Pursuant to Commission resolution 2005/51, OHCHR organized two international expert
seminars on the subject, the first with the Inter-Parliamentary Union and the second with the
University of Arizona. Both seminars provided excellent inputs to this report. The conclusions
and recommendations of the two seminars are transmitted to the Commission for information
(E/CN.4/2006/78/Add.5). The Special Rapporteur is grateful for the collaboration of the
International Labour Standards Department of the International Labour Organization (ILO), of
Anders B. Johnsson, Secretary-General of the Inter-Parliamentary Union, and his colleagues, of
James Anaya and his team at the University of Arizona, of the Indigenous and Minorities Team
of the Office of the United Nations High Commissioner for Human Rights (OHCHR) and of the
European School of Advanced Studies in Cooperation and Development of the University of
Pavia (Italy) for the support he received in order to fulfil his mandate. The Special Rapporteur is