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procedures surrounding the duty to consult with indigenous peoples about decisions that
affect them. For example, at the request of the Government of Chile, he provided detailed
comments on a draft regulation on indigenous consultation and participation, which he
made public and discussed with government and indigenous representatives in November
2012. Also, in April 2013, the Special Rapporteur gave a keynote speech at the conference,
“The Right of Indigenous Peoples to Prior Consultation: The Role of the Ombudsmen in
Latin America”, which was convened by the Ibero-American Federation of Ombudsmen, in
Lima, Peru. The conference brought together the Ombudsmen and heads of national human
rights institutions throughout Latin America, as wells as indigenous leaders and
government officials from Peru. While in Lima the Special Rapporteur followed up on
previous technical assistance regarding the development of a law on consultation with
indigenous peoples and a corresponding regulation.
10.
More broadly, the Special Rapporteur has continued to encourage Governments to
promote the United Nations Declaration on the Rights of Indigenous Peoples at the national
level. In this regard, he gave the keynote address at the Commonwealth International
Human Rights Day expert panel entitled “Strengthened Rights Protection for Indigenous
Peoples”, which was organized by the Commonwealth Secretariat to commemorate
International Human Rights Day, on 10 December 2012 in Geneva, Switzerland. In his
statement, the Special Rapporteur emphasized that the Declaration presents the way
forward for engagement with indigenous peoples in a succession of steps in the process of
shedding the legacies of colonization. He urged the Commonwealth countries to reflect on
the Declaration with a view towards developing measures to implement its terms.
11.
Also in furtherance of his mandate to promote good practices, the Special
Rapporteur has, on an on-going basis, provided inputs into various United Nations
processes and activities that relate to indigenous peoples. Of note in this regard since last
reporting to the Human Rights Council are the following:
• In March 2013, the Special Rapporteur participated in an “Expert Focus Group
Seminar on Free, Prior and Informed Consent of Indigenous Peoples” and a “High
Level Meeting on Engagement and Dialogue with Indigenous Peoples”, hosted by
the World Bank. The meetings, which took place in Manila, Philippines, were
carried out in the context of the World Bank’s review of its environmental and social
safeguard policies, including its Operational Policy 4.10 on indigenous peoples,
which apply to the Bank’s lending for investments in specific projects. In his
statements at the meetings, the Special Rapporteur emphasized that the revised
policy should be consistent with rights of indigenous peoples affirmed in the United
Nations Declaration on the Rights of Indigenous Peoples. He further urged that the
policies that apply to all the Bank’s financial and technical assistance, and not just
its investment lending, be reviewed to ensure consistency with the Declaration.
• In February 2013, the Special Rapporteur provided the keynote address at the
indigenous panel that opened the current session of the Intergovernmental
Committee on Intellectual Property and Genetic Resources, Traditional Knowledge
and Folklore, in Geneva. This Committee of the World Intellectual Property
Organization was meeting to discuss a draft instrument on intellectual property
rights and the protection of genetic resources and associated traditional knowledge.
In his statement, the Special Rapporteur examined how the concepts of state
sovereignty and property, which have been central to discussions at the
Intergovernmental Committee, relate to the rights of indigenous peoples.
• In December 2012, The Special Rapporteur participated in the first Forum on
Business and Human Rights in Geneva, Switzerland. The Special Rapporteur spoke
at a panel on business affecting indigenous peoples. In his statement, Professor
Anaya emphasized that there is a “need for change in the current state of affairs if
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