A/68/317
(A/HRC/9/9/Add.1, annex 1). In follow-up, in 2010, the Special Rapporteur visited
Ecuador and issued “Observations on the progress and challenges in implementing
the guarantees of the Constitution of Ecuador on the rights indigenous peoples”
(A/HRC/15/37/Add.7).
11. A significant number of requests for assistance made to the Special Rapporteur
by Governments have focused on issues concerning the duty of States to consult with
indigenous peoples and the related principle of free, prior and informed consent. In
response, the Special Rapporteur has provided his observations and recommendations
on several occasions, including for Chile in 2009, in the context of that Government’s
constitutional reform process (A/HRC/12/34/Add.6, appendix A), and in 2012, in
relation to the Government’s draft regulation on indigenous consultation and
participation; for Colombia in 2010, regarding the development of a law or regulation
on the duty to consult with indigenous peoples and Afro-Colombian communities on
matters affecting them; for Guatemala in 2011, on the Government’s initiative to
regulate a procedure for consultation with indigenous peoples; for Peru in 2011 and
2012, in relation to the development of a law and corresponding regulation on
consultation with indigenous peoples; and for Brazil in 2012, around the development
of mechanisms for consultations with indigenous peoples and clarifications regarding
the practical dimensions of the principle of free, prior and informed consent.
12. The Special Rapporteur has also provided technical assistance to Governments
as they develop laws and policies related to other issues. For example, he has been
involved in promoting good practices regarding indigenous peoples’ access to
justice and coordination between State and indigenous justice systems. In June
2010, the Special Rapporteur offered comments to the Government of Ecuador in
the context of its efforts to develop a law in that regard, and in April 2013 he
provided detailed comments on a protocol developed by the Supreme Court of
Mexico for justice administrators regarding the rights of indigenous individuals and
peoples. Further, at the request of the Government of Suriname and the indigenous
and tribal peoples of that country, in 2011 the Special Rapporteur travelled to
Suriname to provide advice on the development of legislation to protect indigenous
and tribal land rights (A/HRC/18/35/Add.7).
13. Complimentary to his work promoting good practices at the national level, the
Special Rapporteur has dedicated significant energy to advancing decisions,
programmatic reforms and initiatives by international actors. A primary focus of
these efforts has been assisting United Nations programmes and specialized
agencies to align programmes and policies with international standards concerning
indigenous peoples.
14. In seeking to advance harmonization of international programmes with
international standards, the Special Rapporteur has collaborated with the United
Nations Development Programme; the World Bank Group, including the
International Finance Corporation; the World Intellectual Property Organization; the
United Nations Educational, Scientific and Cultural Organization (UNESCO); the
Food and Agriculture Organization of the United Nations; the United Nations
Global Compact; and OHCHR. In addition, in his last report to the General
Assembly (A/67/301), the Special Rapporteur provided comments on the need to
bring the myriad activities within the United Nations system that affect indigenous
peoples into conformity with relevant international standards. Specific United
Nations processes and programmes reviewed in that report include those relating to
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