A/68/317
hyperlinks in those reports (A/HRC/23/51; A/HRC/22/67;
A/HRC/20/30; A/HRC/19/44; A/HRC/18/51; A/HRC/24/21).
A/HRC/21/49;
38. In the view of the Special Rapporteur, responding to specific allegations of
human rights violations represents a cornerstone of the work of the mandate. In
contrast to many other complaint procedures before international or regional human
rights bodies, the communications procedure of special procedures mandate holders
allows for immediate action. Use of the communications procedure does not have
restrictive admissibility requirements, and any individual or group of individuals
can present a complaint to the Special Rapporteur. Another benefit is that, as noted
above, intervention with Governments involved and follow-up can take many forms,
and there is thus an important level of flexibility available to the Special Rapporteur
to respond to the various cases presented to him. Challenges faced in relation to the
communications procedure, however, include the limited resources to respond to the
high number of requests for intervention received by the Special Rapporteur on a
daily basis, and the often lack of responsiveness of many Governments to the
allegations raised and to preventing or remedying any violations.
4.
Thematic studies
39. Throughout his mandate, the Special Rapporteur has sought to identify
common issues affecting indigenous peoples on a global scale and examine
measures needed to address those concerns. However, taking into consideration that,
in accordance with Human Rights Council resolution 6/36, paragraph 1 (a), the
principal mandate of the Expert Mechanism on the Right of Indigenous Peoples is to
develop studies and research-based advice for the Human Rights Council, the
Special Rapporteur has striven to carry out his thematic work in a way that is
complementary to, and non-duplicative, of the studies of the Expert Mechanism and
that draws on his unique experiences from other work areas.
40. In each of his annual reports to the Human Rights Council, the Special
Rapporteur has examined key issues, including the following: the significance of the
United Nations Declaration on the Rights of Indigenous Peoples (A/HRC/9/9); the
duty of States to consult with and obtain the consent of indigenous peoples before
adopting measures that affect them (A/HRC/12/34); the responsibility of
corporations to respect the rights of indigenous peoples (A/HRC/15/37); and
violence against indigenous women and girls (A/HRC/21/47).
41. In addition, the Special Rapporteur dedicated significant energy during the
second term of his mandate to the issue of extractive industries operating in or near
indigenous peoples’ territories, dedicating all or part of three annual reports to this
theme (A/HRC/18/35, A/HRC/21/47 and A/HRC/24/41). The Special Rapporteur
would like to draw the particular attention of the General Assembly to his last report
to the Human Rights Council dated September 2013, which represents the
culmination of his three years of investigation into this issue. In the report, the
Special Rapporteur underscores that a preferred model for resource extraction and
development is through indigenous peoples’ own initiatives and enterprises;
addresses issues related to the standard scenario when States or third-party business
enterprises promote the extraction of natural resources within indigenous territories,
including issues related to consultation and consent; and finally, identifies
conditions for getting to and sustaining indigenous peoples’ agreement to extractive
activities promoted by the State or third-party business enterprises.
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