A/68/317
I. Introduction
1.
The present report is being submitted to the General Assembly by the Special
Rapporteur on the rights of indigenous peoples pursuant to Human Rights Council
resolution 21/24. This is the final report of the current Special Rapporteur on the
rights of indigenous peoples, James Anaya, to the Assembly, as his mandate expires
on 30 April 2014.
2.
In the light of this, the Special Rapporteur devotes the first part of the report to
describing his activities since beginning his mandate, while identifying work
methods and lessons learned, as well as both positive experiences and challenges in
his work. He hopes that the report, in addition to providing an up-to-date account of
his activities, will be of use to the next Special Rapporteur on the rights of
indigenous peoples as she or he enters into the position, as well as to other special
procedures mandate holders of the Human Rights Council as they continue to reflect
on their own work methods.
3.
The Special Rapporteur is specifically mandated to promote the Declaration on
the Rights of Indigenous Peoples and consequently, he considers the Declaration to
constitute the primary normative framework for carrying out all aspects of his work.
The latter part of his report addresses factors that debilitate commitment to and
action by States and other actors to implement the Declaration, drawing upon the
Special Rapporteur’s experiences over the past years. The objective of this
discussion is to advance thinking that will help overcome these debilitating factors
in favour of concrete measures towards implementation.
4.
The Special Rapporteur would not have been able to carry out the work
described in the present report without the support of various individuals and
institutions. He would like to express his gratitude to the Office of the United
Nations High Commissioner for Human Rights (OHCHR) for its support to him
during his mandate over the years. He would also like to thank the staff, consultants,
researchers, and students of the support project for the Special Rapporteur on
Indigenous Peoples at the University of Arizona for their assistance in all aspects of
his work, and to the University of Arizona College of Law for its flexibility and
accommodation of his work as Special Rapporteur. Finally, he would like to thank
the numerous indigenous peoples, States, academics, and other experts who have
cooperated with his mandate over the past years in the advancement of the rights of
indigenous peoples around the world.
II. Activities pursuant to the mandate
A.
Areas of work
5.
From the first years of his mandate, the Special Rapporteur devoted significant
attention to refining his work methods within the terms of his mandate provided by
the Human Rights Council. He has tried developing work methods oriented towards
building a constructive dialogue with Governments, indigenous peoples,
non-governmental organizations, relevant United Nations agencies and others in
order to address challenging issues and situations and build on advances already
made. He hopes that future work of the mandate will be able to focus more on
moving beyond reacting to denouncements of alleged human rights violations, to
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