A/64/338
I. Introduction
1.
The present report is submitted to the General Assembly by the Special
Rapporteur on the situation of human rights and fundamental freedoms of
indigenous people, pursuant to General Assembly resolution 63/161. On 28 March
2008, the Human Rights Council appointed James Anaya of the United States of
America as the Special Rapporteur on the situation of human rights and fundamental
freedoms of indigenous people. Mr. Anaya, who assumed his mandate on 1 May
2008, has since submitted two reports to the Human Rights Council.
2.
In his first annual report (A/HRC/9/9), the Special Rapporteur provided a
number of reflections concerning the normative framework for addressing
indigenous peoples’ concerns and the operationalization of the human rights norms
affirmed in the United Nations Declaration on the Rights of Indigenous Peoples and
other relevant international instruments. In his second report (A/HRC/12/34) the
Special Rapporteur gave a detailed description of his methods and areas of work and
analysed 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 offered various recommendations in that regard.
3.
The present report, the Special Rapporteur’s first to the General Assembly,
presents an overview of the scope of his mandate in accordance with Human Rights
Committee resolution 6/12, highlighting coordination with other mechanisms and
bodies and outlining several activities undertaken from 1 May 2009 to 1 September
2009 with United Nations and regional bodies in the spirit of collaboration (sect I).
The report provides a brief description of the areas of work of the Special
Rapporteur, within the terms of his mandate, to monitor the human rights conditions
of indigenous peoples worldwide and promote steps to improve those conditions in
line with relevant international standards (sect. II). These areas of work fall within
four interrelated spheres of activity: promoting good practices; thematic studies;
country reports; and cases of alleged human rights violations. The report provides
an analysis of the United Nations Declaration on the Rights of Indigenous Peoples,
including its adoption and related developments, general character and content, and
underscores the central role that it plays in the promotion of the rights of indigenous
peoples by the United Nations system, States, indigenous peoples’ organizations and
civil society partners (sect. III).
4.
The Special Rapporteur is grateful for the support provided by the staff at the
Office of the United Nations High Commissioner for Human Rights (OHCHR). He
would also like to thank staff and affiliated researchers of the Indigenous Peoples
Law and Policy Program at the University of Arizona for their continued assistance
with all aspects of his work. Finally, the Special Rapporteur would like to thank the
many indigenous peoples, Governments, United Nations bodies and agencies,
non-governmental organizations, and others that have cooperated with him over the
past year and a half to implement his mandate.
II. Scope of the mandate
5.
The Commission on Human Rights, in its resolution 2001/57, established the
mandate of the Special Rapporteur on the situation of human rights and fundamental
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