A/64/338
freedoms of indigenous peoples with the authority, inter alia, to “gather, request,
receive and exchange information and communications from all relevant sources”
concerning human rights violations against “indigenous people themselves and their
communities and organizations”, and to “formulate recommendations and proposals
on appropriate measures to prevent and remedy” such violations (para. 1). The
Special Rapporteur was further invited to “take into account a gender perspective”
and to pay special attention to the situation of indigenous women and children
(paras. 2 and 3).
6.
In its resolution 6/12, the Human Rights Council, as the successor body to the
Commission on Human Rights, expanded the scope of the original resolution,
adding directives for the Special Rapporteur to work cooperatively with States,
indigenous peoples, United Nations and regional bodies and non-governmental
organizations and to pay particular attention to both the obstacles preventing full
enjoyment of the human rights of indigenous peoples and to best practices in
overcoming these obstacles. Significantly, the resolution further directed the Special
Rapporteur to promote the United Nations Declaration on the Rights of Indigenous
Peoples and international instruments relevant to the advancement of the rights of
indigenous peoples, where appropriate, thus providing the Special Rapporteur’s
activities with a clear normative framework, discussed in more detail in section III
below.
A.
Coordination with other mechanisms and bodies
7.
As indicated in Human Rights Committee resolution 6/12, coordination with
other institutions is a fundamental aspect of the mandate of the Special Rapporteur.
In that resolution, the Council directed the Special Rapporteur “To work in close
cooperation, while avoiding unnecessary duplication, with other special procedures
and subsidiary organs of the Human Rights Council, relevant United Nations bodies,
the treaty bodies, and human rights regional organizations” (resolution 6/12,
para. 1 (d).
8.
The Special Rapporteur is specifically required “To work in close cooperation
with the Permanent Forum on Indigenous Issues and to participate in its annual
session” (resolution 6/12, para. 1 (e)). Such cooperation also extends to the expert
mechanism, which is mandated by the Human Rights Council to invite the Special
Rapporteur to its annual session in order to “enhance cooperation and avoid
duplicating the work” of the respective mechanisms (resolution 6/36, para. 5).
During the course of his work, the Special Rapporteur has noted a significant level
of confusion among indigenous groups, non-governmental organizations and other
stakeholders about the respective roles and functions of the three mechanisms, as
well as their place within the institutional structure of the United Nations, and
believes that continued education about the individual mandates and functions of
these mechanisms is essential.1
9.
With the aim of addressing some of the questions regarding roles and functions
of the three mechanisms, the Special Rapporteur, with the former Special
__________________
1
09-50281
See Economic and Social Council resolution 2000/22, establishing the Permanent Forum, and
Human Rights Council resolution 6/36 establishing the expert mechanism. For further
discussion on the complementarity and differences among these bodies, see A/HRC/12/34.
5