A/HRC/9/9
page 5
members of the Permanent Forum and of the Expert Mechanism on the Rights of Indigenous
Peoples. The meeting is being organized by the International Work Group on Indigenous Affairs
and the Almáciga Intercultural Work Group and will take place in Madrid in February 2009.
11. The Special Rapporteur is determined to engage all relevant actors in a constructive
dialogue on pressing issues of concern to indigenous peoples, including transnational companies.
Building on other initiatives in this regard, including a forthcoming OHCHR expert seminar and
a request by the Permanent Forum for a study on transnational corporations and other business
enterprises, the Special Rapporteur is planning to participate in a technical meeting regarding
experiences, best practices and potential models for the resolution of conflicts arising from
commercial natural resource extraction on indigenous territories. The meeting, which will
promote a dialogue between Governments, indigenous peoples’ NGOs and transnational
companies, is being organized by the UNESCO Centre of Catalunya and Kreddha (the
International Peace Council for States, Peoples and Minorities), and is anticipated to take place
in September 2009 in Sitges, Spain.
12. As observed by the former Special Rapporteur, the recognition of indigenous legal systems
and their harmonization with State legal orders is another matter that presents complex
challenges that must be met in order to secure the full enjoyment of the human rights of
indigenous peoples.2 In order to assist and promote practical initiatives to meet these challenges,
the Special Rapporteur plans to form a research partnership on plural legal orders with the
International Council on Human Rights Policy. This will involve a consultative research process
with a cross-section of actors to review existing jurisdictional arrangements, examine best
practices and develop action-oriented proposals for the effective recognition of indigenous legal
systems.
13. Finally, drawing on the experiences of the former Special Rapporteur and other special
procedures mandate-holders, the Special Rapporteur is developing working methods to enhance
the effectiveness of his handling of the numerous communications he receives alleging violations
of the human rights of indigenous peoples. These working methods will demonstrate
responsiveness to indigenous peoples whose human rights allegedly are being violated,
providing them a meaningful conduit to have their legitimate concerns appropriately addressed;
identify and assess root or systemic causes of human rights violations, and not just the immediate
manifestations of underlying problems; and engage States and other actors concerned in a
constructive dialogue to advance solutions to problem situations, building on relevant progress
and good practices already achieved.
II. SCOPE OF THE MANDATE OF THE SPECIAL RAPPORTEUR
14. The Commission on Human Rights, in its resolution 2001/57, established the mandate of
the Special Rapporteur with the authority, inter alia, to “gather, request, receive and exchange
information and communications from all relevant sources” concerning human rights violations
2
E/CN.4/2004/80.