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helping to assist indigenous peoples and States to develop concrete proposals and
programmes of action for advancing the rights of indigenous peoples.
6.
The Special Rapporteur provides below a summary of activities, which fall
within four interrelated work areas: promoting good practices; country reports; cases
of alleged human rights violations and thematic studies. Along with describing his
activities, the Special Rapporteur provides comments on his achievements and on
the difficulties he has faced within these areas of work, and identifies outstanding
issues concerning work methods that merit further attention.
1.
Promotion of good practices at the national and international levels
7.
The Special Rapporteur has a specific mandate from the Human Rights
Council, set out in its resolution 15/14 to examine ways and means of overcoming
existing obstacles to the full and effective protection of the rights of indigenous
peoples, and to identify, exchange and promote best practices. In this connection, he
has engaged in a range of activities throughout his mandate to advance legal,
administrative and programmatic reforms at the international and the national levels
in accordance with the Declaration on the Rights of Indigenous Peoples as well as
other international instruments relating to the human rights of indigenous peoples.
8.
Many of these activities have taken place in relation to other work areas, that
is, in the development of country reports, thematic studies or responses to cases of
alleged violations of human rights. These other work areas are standard for special
procedures mandate holders of the Human Rights Council, regularly supported by
the Secretariat. However many of the activities engaged in by the Special
Rapporteur to promote good practices have been separate and apart from such
standard work areas, very often in response to specific requests by Governments,
indigenous peoples and United Nations agencies. The Special Rapporteur’s work to
promote good practices has therefore required resourcefulness and innovation.
9.
Central to the Special Rapporteur’s promotion of good practices at the national
level has been his advocacy to advance commitment to, and operationalization of,
the Declaration on the Rights of Indigenous Peoples. During the first term of his
mandate, the Special Rapporteur focused on encouraging acceptance of the
Declaration by those States that did not vote in favour of its adoption by the General
Assembly in September 2007. He welcomed the reversal of positions by the four
States that had cast votes against the Declaration: Australia, Canada, New Zealand
and the United States of America. Subsequent to their expressions of support for the
Declaration, the Special Rapporteur carried out visits to Australia
(A/HRC/15/37/Add.4), New Zealand (A/HRC/15/37/Add.9) and the United States of
America (A/HRC/21/47/Add.1). The Special Rapporteur also expressed his
appreciation for the announcements of support for the Declaration by Colombia and
Samoa, two States that had abstained from the vote in 2007.
10. In addition, during the course of his two mandate terms, the Special
Rapporteur has responded to requests by State officials and indigenous peoples to
provide assistance with constitutional and legislative reform efforts focused on
harmonizing national frameworks with applicable international standards related to
the rights of indigenous peoples. In 2008 the Special Rapporteur provided technical
assistance to the Constituent Assembly of Ecuador within the context of Ecuador’s
constitutional revision process, which resulted in one of the most advanced
constitutions in the world with respect to the rights of indigenous peoples
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