A/64/338
concern and improving the human rights conditions of indigenous peoples. The
reporting process typically involves a visit to the countries under review, including
to the capital and selected places of concern within the country, during which the
Special Rapporteur interacts with Government representatives, indigenous
communities from different regions and a cross section of civil society actors
working on issues relevant to indigenous peoples. In accordance with the Code of
Conduct for Special Procedures Mandate-holders of the Human Rights Council (see
HRC resolution 5/2), these visits can only take place with Government consent and
cooperation.
30. Since beginning his mandate, the Special Rapporteur has visited Brazil,4
Nepal,5 Botswana,6 and Australia to report on those countries, and he has conducted
follow-up visits to Chile7 and Colombia to evaluate their progress in implementing
the recommendations in the reports of his predecessor. In addition, the Special
Rapporteur will be visiting the Russian Federation in October 2009 and has received
positive indications from the Republic of the Congo for a forthcoming visit. The
Special Rapporteur has outstanding requests for visits to India and Indonesia, which
he hopes will be considered favourably in the near future.
D.
Cases of alleged human rights violations
31. Finally, the fourth and perhaps principal area of the Special Rapporteur’s work
involves responding, on an ongoing basis, to specific cases of alleged human rights
violations.8 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, 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” (resolution
6/12, para. 1 (b)). The Special Rapporteur has placed special emphasis on his
mandate “to develop a regular cooperative dialogue with all relevant actors”
(resolution 6/12, para. 1 (f)) by developing ongoing long-term strategies for all the
work he undertakes to address alleged violations of the human rights of indigenous
peoples.
32. 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, non-governmental organizations and other sources.
Over the past year, the Special Rapporteur has received information about cases of
alleged human rights violations in countries worldwide 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
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4
5
6
7
8
09-50281
A/HRC/12/34/Add.2.
A/HRC/12/34/Add.3.
A/HRC/12/34/Add.4.
A/HRC/12/34/Add.6.
A complete summary of communications sent, responses received from Governments and
observations of the Special Rapporteur can be found in the reports presented to the Human
Rights Council; see A/HRC/9/9/Add.1 and Corr.1 and A/HRC/12/34/Add.1.
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