A/HRC/12/34 page 3 Introduction 1. The present report is submitted to the Human Rights Council by the Special Rapporteur on the situation of human rights and fundamental freedoms of indigenous people, pursuant to Human Rights Council resolution 6/12. On 28 March 2008, the Human Rights Council appointed James Anaya, from the United States of America, as the Special Rapporteur on the situation of human rights and fundamental freedoms of indigenous people. James Anaya assumed his mandate on 1 May 2008. This document is the Special Rapporteur’s second annual report to the Human Rights Council. In his first annual report of 11 August 2008 (A/HRC/9/9), the Special Rapporteur provided a number of reflections concerning the normative framework for addressing indigenous peoples’ concerns, and on the operationalization of the human rights norms affirmed in the United Nations Declaration on the Rights of Indigenous Peoples and other relevant international instruments. 2. In the first part of his second annual report, the Special Rapporteur will discuss the implementation of his mandate. In this regard, he will first provide a reflection on his mandate in relation to those of other United Nations mechanisms and institutions that deal with indigenous issues, especially the United Nations Permanent Forum on Indigenous Issues and the Expert Mechanism on the Rights of Indigenous Peoples of the Human Rights Council, and note areas for cooperation. There follows a discussion on the practical framework of his work, in light of those other mechanisms, including a summary of the activities carried out over the past year as they relate to four principal areas of work: promoting good practices; thematic studies; country reports; and cases of alleged human rights violations. The Special Rapporteur devotes the second half of the report to an analysis of the duty of States to consult with indigenous peoples on matters affecting them, one of the core issues he has faced in his work in relation to indigenous peoples in various countries, with the hope of offering insight into how this issue may be addressed in the future by Governments, indigenous peoples, the United Nations system, and other stakeholders. 3. The present report also contains a series of addenda of reports and other public documents issued by the Special Rapporteur over the past year. Addendum 1 contains a summary of communications sent to Governments and replies received concerning cases of alleged human rights violations, as well as observations by the Special Rapporteur on these cases. Addenda 2, 3, and 4 are the reports on the situation of indigenous peoples in Brazil, Nepal, and Botswana, following missions from 14 to 25 August, and 24 November to 2 December 2008, and from 19 to 27 March 2009, respectively. Addendum 5 is the report of the Special Rapporteur on the situation of the indigenous communities that are affected by the construction of a hydroelectric project on the Changuinola River, Panama, and observations of the Government of Panama in response. Addendum 6 contains the report of the Special Rapporteur on the human rights situation in Chile following his visit to that country from 6 to 9 April 2009 to assess the status of the implementation of the recommendations of his predecessor, Rodolfo Stavenhagen, with an annex containing a report outlining the international norms that are relevant to a consultation process in connection with constitutional reforms related to indigenous peoples in that country. Addendum 7 is the outcome report of a meeting in Madrid in February 2009 to enhance coordination between the three United Nations mechanisms with a mandate specific to indigenous issues: the Special Rapporteur on the situation of human rights and fundamental freedoms of indigenous people, the United Nations Permanent Forum on Indigenous Issues, and