A/HRC/18/35
B.
Areas of work
8.
While cooperating with other international mechanisms, the Special Rapporteur
continued to carry out work in four interrelated areas: promotion of good practices; country
reports; communications on specific cases of alleged human rights violations; and thematic
studies.
1.
Promotion of good practices
9.
In accordance with his mandate, the Special Rapporteur continued to advocate for
legal, administrative and programmatic reforms at the domestic and international levels to
give effect to the rights enshrined in the United Nations Declaration on the Rights of
Indigenous Peoples and other relevant international instruments.
10.
An important aspect area of work was promoting support for the Declaration on the
Rights of Indigenous Peoples by those States that did not originally vote in favour of it
upon its adoption by the General Assembly in 2007.1 In the past year, the Special
Rapporteur has welcomed the statements of support for the Declaration by the
Governments of Canada and of the United States of America, statements that have made
their opposition to the Declaration a thing of the past. The outstanding challenge is still to
implement the Declaration’s provisions through concerted efforts at the domestic and
international levels. The Special Rapporteur is committed to working together with States,
United Nations agencies, indigenous peoples and other interested parties in order to meet
this challenge.
11.
In connection with promoting the implementation of the Declaration in the United
States, in June 2011, the Special Rapporteur provided testimony at a hearing of the United
States Senate Committee on Indian Affairs entitled “Setting the standard: the domestic
policy implication of the UN Declaration on the Rights of Indigenous Peoples”.
12.
On an ongoing basis over the past year, the Special Rapporteur provided technical
and advisory assistance to Governments as they developed laws and policies to advance the
rights of indigenous peoples. For example, at the request of the Government of Suriname,
and of indigenous and tribal peoples in that country, the Special Rapporteur provided
observations and recommendations on a process to develop legislation to secure indigenous
and tribal peoples’ rights to lands and resources in the light of binding judgements issued
thereon by the Inter-American Court of Human Rights.2 These observations and
recommendations were based in part on information gathered during a visit to Suriname by
the Special Rapporteur in March 2011.
13.
Also during the past year, the Special Rapporteur provided comments on various
drafts of legislation currently under consideration by the National Assembly of Ecuador to
coordinate indigenous customary justice systems with the national justice system. In this
connection, in June 2011, the Special Rapporteur participated in a videoconference with the
National Assembly of Ecuador, during which he addressed specific questions and concerns
regarding the proposed legislation. Furthermore, over the course of several weeks in
February 2011, the Special Rapporteur provided observations on the initiative of the
Government of Guatemala to regulate a procedure for consultation with indigenous
peoples.
14.
Other activities relating to the promotion of best practices include providing
guidance and orientation to numerous United Nations programmes and agencies,
multinational organizations and other groups on the rights of indigenous peoples in various
contexts. This has included the following activities:
1
2
General Assembly resolution 61/295.
See A/HRC/18/35/Add.7.
5