E/CN.4/2004/80
page 5
Introduction
1.
The mandate of the Special Rapporteur was established by the Commission on Human
Rights in its resolution 2001/57. In its resolution 2003/56, the Commission encouraged the
Special Rapporteur to continue to examine ways and means of overcoming existing obstacles to
the full and effective protection of the human rights and fundamental freedoms of indigenous
people, and to request, receive and exchange information on violations of the rights of
indigenous people, wherever they may occur.
2.
The Commission requested the Special Rapporteur to continue working on the topics
included in his first report (E/CN.4/2002/97 and Add.1) and, in particular, those that may
contribute to advance the debate on fundamental issues of the “Draft United Nations declaration
on the rights of indigenous peoples”. He is also requested to pay special attention to violations
of the human rights of indigenous women and children, to take into account a gender perspective
and to consider the recommendations of the World Conference against Racism, Racial
Discrimination, Xenophobia and Related Intolerance on matters concerning his mandate.
3.
In 2003, the Special Rapporteur presented his second annual report to the Commission
which focused on the impact of large-scale or major development projects on the human rights
and fundamental freedoms of indigenous peoples and their communities (E/CN.4/2003/90 and
Add.1-3). He is now pleased to present to the Commission this third thematic annual report in
accordance with resolution 2003/56.
4.
Since the presentation of his first report, the Special Rapporteur has continued gathering
information on the situation of the human rights of indigenous peoples, following developments
in the United Nations system, participating in international and national conferences and research
seminars, evaluations, training workshops and the like that deal directly with the issues of his
mandate, and has undertaken research on some of the major issues affecting indigenous peoples
which he set out in his first report (E/CN.4/2002/97, para. 113). He has also carried out
two official country missions, to Mexico (1-18 June 2003) and Chile (18-29 July 2003). The
Special Rapporteur has continued paying special attention to the situation of indigenous women
and children when visiting countries, including attending specific gatherings to hear their
concerns. The country mission reports are contained in documents E/CN.4/2004/80/Add.2 and
Add.3, respectively. Also, at the invitation of the Assembly of First Nations, he visited Canada
in May 2003 and at the invitation of the Sami Parliament, northern Norway and Finland in
October 2003, to observe the situation of indigenous peoples in both areas.
5.
The Special Rapporteur attended the second session of the Permanent Forum on
Indigenous Issues (New York, May 2003) and transmitted a statement to the Committee on the
Rights of the Child on its day of general discussion on the rights of indigenous children (Geneva,
September 2003). He also took part in events and lectured at academic institutions on different
aspects of his mandate. On the occasion of Human Rights Day (10 December), the Special
Rapporteur joined other mechanisms of the Commission on Human Rights in a statement
strongly condemning all acts of intimidation and reprisal against individuals and groups who
seek to cooperate, or have cooperated, with the United Nations or representatives of its human
rights bodies, including indigenous groups and leaders. Furthermore, he has continued
developing contacts with numerous indigenous and human rights organizations around the world