A/HRC/12/34
page 11
4. Cases of alleged human rights violations
32. Finally, the fourth, and perhaps principal, area of work involves responding, on an ongoing
basis, to specific cases of alleged human rights violations. A fundamental aspect of the mandate
of the Special Rapporteur on the situation of human rights and fundamental freedoms of
indigenous people, as reaffirmed by the Human Rights Council in its resolution 6/12 is “to
gather, request, receive and exchange information and communications from all relevant sources,
including Governments, indigenous people and their communities and organizations, on alleged
violations of their human rights and fundamental freedoms” (art. 1, para. (b)). The Special
Rapporteur has placed special emphasis on his mandate “to develop a regular cooperative
dialogue with all relevant actors” (art. 1, para. (f)) by developing ongoing long-term strategies
for all the work he undertakes.
33. The Special Rapporteur’s ability to address specific situations of alleged violations relies,
to a large extent, on the information provided to him by indigenous peoples and their
organizations, NGOs and other sources. Over the past year, the Special Rapporteur has received
information about cases of alleged human rights violations in countries on every continent and,
in response, has sent numerous communications to Governments about these situations. These
cases involve, inter alia, infringements of the right to free, prior and informed consent, especially
in relation to natural resource extraction and displacement or removal of indigenous
communities; denial of the rights of indigenous peoples to lands and resources; the situation of
indigenous peoples in voluntary isolation; incidents of threats or violence against indigenous
peoples and individuals, including defenders of indigenous rights; and concerns about
constitutional or legislative reforms in indigenous subject matter. A complete summary of
communications sent, responses received from Governments, and observations of the Special
Rapporteur can be found in the communications report attached to the present report as
Addendum 1.
34. Given the limited resources available, it is impossible for the Special Rapporteur to
respond to every case that comes to his attention. However, in general, he does his best to act on
detailed and credible information that presents a serious situation falling within his mandate in
which intervention has a reasonable chance of having a positive impact, either by drawing
needed attention to the situation or by prompting Government authorities or other actors into
corrective action. Alternatively, the Special Rapporteur may take action where the situation is
representative of, or connected to, a broader pattern of human rights violations against
indigenous peoples. The Special Rapporteur has been careful to respond to allegations of human
rights violations from a wide range of regions and countries.
35. The usual first step in taking action on such information is to write a letter to the
Government concerned, along with a request that the Government respond. In some cases, the
Special Rapporteur has issued public statements calling attention to, or expressing concern over,
the human rights violations alleged. If circumstances warrant it and the Government concerned
consents, the Special Rapporteur may conduct a country visit to examine a specific situation, as
he did in visits to Panama and Peru. In addition, as he has done with regard to the situations
examined in those two countries and expects to do in future cases, he may issue 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.
The Special Rapporteur is aiming to avoid the “revolving door” approach of simply sending a