A/74/149
I. Introduction
1.
The present report is the last to be submitted to the General Assembly by the
current holder of the mandate of Special Rapporteur on the rights of indigenous
peoples, Victoria Tauli-Corpuz. In the first part of the report, the Special Rapporteur
briefly describes her activities since her previous report (A/73/176) and her work on
the rights of indigenous women and children. In the second part, she discusses some
aspects of the right of indigenous peoples to autonomy or self-government as an
exercise of their right to self-determination, with a focus on identifying positive
elements in existing arrangements, as well as limitations and challenges, and provides
recommendations on ways to move forward in the adequat e implementation of that
right.
II. Activities of the mandate holder in 2018 and 2019
2.
In 2018 and 2019, since she last reported to the General Assembly, the Special
Rapporteur continued to work on her main mandated tasks, namely, to develop
thematic studies, conduct country assessments, respond to specific cases of alleged
human rights violations and promote good practices.
3.
From 19 to 29 November 2018, she conducted an official visit to Ecuador to
assess the commitments made in the 2008 Constitution, which enshrined Ecuador as
a plurinational country, to protecting the rights of indigenous peoples. The Special
Rapporteur concluded that the Constitution provided a good basis upon which to build
a more inclusive and intercultural country. While welcoming the steps taken by the
Government through dialogue with indigenous peoples on intercultural bilingual
education, she underlined that much more had to be done in terms of recognizing the
fundamental human rights of the indigenous nationalities, peopl es and communities
of the country, in particular with regard to their rights to self -determination, lands,
territories and resources. She also stressed her concern regarding the impacts of the
prioritization of extractive activities on the rights of indige nous peoples, including
indigenous peoples in isolation and recent contact, and regarding the lack of adequate
progress in the harmonization of the ordinary and the indigenous justice systems. 1
4.
From 8 to 16 April 2019, the Special Rapporteur visited Timor-Leste, where she
assessed a number of issues affecting indigenous peoples, including customary justice
systems, community lands, education and measures related to conservation and
climate change adaptation and mitigation. While appreciating t he attention provided
by the Government to customary justice systems and indigenous languages and
education, she expressed her concern about the impacts of State -sponsored extractive
activities, forced displacement, the lack of an adequate regulatory frame work
regarding indigenous traditional lands and the high rate of chronic malnutrition in the
country. 2
5.
In September 2019, the Special Rapporteur will submit a thematic report on the
issue of indigenous justice systems to the Human Rights Council. 3
6.
Between 30 June 2018 and 1 July 2019, the Special Rapporteur issued 117
communications to more than 30 countries and to other entities, such as private
__________________
1
2
3
4/23
A/HRC/42/37/Add.1.
End of mission statement available at www.ohchr.org/en/NewsEvents/Pages/DisplayNews.aspx?
NewsID=24492&LangID=E.
A/HRC/42/37. See also A/HRC/42/37/Add.2.
19-11889