UNITED NATIONS A General Assembly Distr. GENERAL A/HRC/12/34 15 July 2009 Original: ENGLISH HUMAN RIGHTS COUNCIL Twelfth session Agenda item 3 PROMOTION AND PROTECTION OF ALL HUMAN RIGHTS, CIVIL, POLITICAL, ECONOMIC, SOCIAL AND CULTURAL RIGHTS, INCLUDING THE RIGHT TO DEVELOPMENT Report of the Special Rapporteur on the situation of human rights and fundamental freedoms of indigenous people, James Anaya* Summary The present report is the second submitted to the Human Rights Council by the Special Rapporteur on the situation of human rights and fundamental freedoms of indigenous people, James Anaya, pursuant to Human Rights Council resolution 6/12. In the report, the Special Rapporteur provides a reflection on his mandate in relation to those of the United Nations Permanent Forum on Indigenous Issues and the Expert Mechanism on the Rights of Indigenous Peoples of the Human Rights Council, and notes areas for cooperation. There follows a discussion on the practical framework of his work, including a summary of his activities as they relate to four principal areas of work: promoting good practices; thematic studies; country reports; and cases of alleged human rights violations. The Special Rapporteur devotes the second half of the report to an analysis of the duty of States to consult with indigenous peoples on matters affecting them, with the hope of offering insight into how this core issue may be addressed in the future by Governments, indigenous peoples, the United Nations system, and other stakeholders, and offers various recommendations in this regard. * Late Submission. GE.09-14582 (E) 230709