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Costa Rica (A/HRC/18/35/Add.8); and the process to develop legislation to secure
indigenous and tribal peoples’ rights to lands and resources in Suriname
(A/HRC/18/35/Add.7).
33. In the view of the Special Rapporteur, the ability to respond quickly to
situations requiring immediate attention, including carrying out on-site visits to help
to calm tense situations or mediate dialogue, is one of the most important aspects of
the work of special procedures mandate holders, and should be encouraged.
However, this work is outside the standard framework of work methods typically
employed by special procedures mandate holders. The Special Rapporteur has had
to seek alternative funding for these missions, which require efforts that generally
take some time. There are challenges, therefore, in being appropriately responsive to
cases that merit on-site attention.
34. The Special Rapporteur has also sent several letters to corporations involved in
activities — usually extractive activities — that have given rise to allegations of
human rights violations. It is of note that all the corporations to which the Special
Rapporteur has addressed letters have responded in depth. The Special Rapporteur is
of the view that more engagement with business enterprises is needed and he hopes
that greater emphasis will be placed on this in the future.
(b)
Outcomes
35. Since assuming the mandate in 2008, the Special Rapporteur has thus far sent
125 allegation letters and urgent appeals, 55 of which were sent jointly with other
special procedures mandate holders, and 35 follow-up letters. Further, he has
provided detailed observations and recommendations in 22 cases reviewed. In total,
the Special Rapporteur sent 182 communications to 45 different States.
Communications were transmitted regionally as follows: South America, 88; Asia,
36; Africa, 25; North America, 19; Europe and Russia, 6; Middle East, 3; and
Oceania, 3.
36. Certainly, the cooperation of the Government is essential to the effectiveness
of the procedure. The Special Rapporteur has received a total of 113 replies to his
182 letters sent, representing a reply rate of 62 per cent. He acknowledges with
gratitude all States that have transmitted responses to the communications sent. In
this context, the Special Rapporteur recalls paragraph two of the Human Rights
Council resolution 15/14, in which the Council requested all Governments to
cooperate fully with the Special Rapporteur in the performance of the tasks and
duties mandated, to furnish all available information requested in his/her
communications, and to react promptly to his/her urgent appeals. While the majority
of States have responded to his communications, a significant number have not, with
clear negative implications for the effectiveness of the communications procedure.
37. The Special Rapporteur has issued on an annual basis reports containing
summaries of letters sent, replies received, and any observations and
recommendations (A/HRC/9/9/Add.1; A/HRC/12/34/Add.1; A/HRC/15/37/Add.1;
A/HRC/18/35/Add.1; A/HRC/21/47/Add.3; A/HRC/24/41/Add.4). Since 2011,
OHCHR has issued reports, on a periodic basis, containing all of the letters sent and
replies received by all special procedures mandate holders of the Human Rights
Council. Short summaries of allegations communicated to the respective State or
other entity are included in the joint communications reports. The complete texts of
communications sent and replies received are accessible electronically through
10/22
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