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Editors --- "The Situation of Human Rights and Fundamental Freedoms of Indigenous Peoples - Digest" [2005] AUIndigLawRpr 86; (2005) 9(4) Australian Indigenous Law Reporter 128

THE SITUATION OF HUMAN RIGHTS AND FUNDAMENTAL FREEDOMS OF INDIGENOUS PEOPLE

60th session of the United Nations General Assembly

Item 70 of the Provisional Agenda: Indigenous Issues

A/60/358

Note by the Secretary-General

The Secretary-General has the honour to transmit to the members of the General Assembly the report of Rodolfo Stavenhagen, Special Rapporteur on the situation of human rights and fundamental freedoms of indigenous people, pursuant to paragraph 18 of Commission on Human Rights resolution 2005/51.

Summary

The present report, on activities carried out from August 2004 to August 2005, highlights some concerns which the Special Rapporteur deems to be worthy of special and urgent attention.

The activities carried out by the Special Rapporteur in fulfilment of the mandate entrusted to him by the Commission on Human Rights in 2001 have focused on (a) thematic investigation of issues that have an impact on the situation of human rights and fundamental freedoms of indigenous people; (b) country visits; and (c) communications with Governments with respect to alleged violations of indigenous people’s human rights and fundamental freedoms throughout the world.

The report is divided into a number of sections which include references to the Special Rapporteur’s mandate and his various activities, including country visits and coordination and cooperation with other international and regional mechanisms, a summary and analysis of communications sent during the period under review and an overview of the different human rights problems faced by indigenous people. In this report, the Special Rapporteur refers in particular to the relevance for indigenous people of the Millennium Development goals, especially goal 1 (eradicate extreme poverty and hunger) and goal 2 (achieve universal primary education), and to some of the major challenges in terms of the protection of indigenous people, since these issues are considered key to the process of deciding on activities for the Second International Decade of the World’s Indigenous People. The report also discusses conflict situations affecting indigenous communities in certain regions of the world.

During the period under review, the Special Rapporteur continued to receive information on situations where indigenous people’s human rights and fundamental freedoms had been violated, including issues relating to extrajudicial executions, death threats against indigenous leaders; allegations of human rights violations in conflicts relating to land, access to natural resources or the environment; lack of access to basic social services; acts of discrimination; obstacles to the full enjoyment of the right to education, including issues relating to the use and protection of indigenous people’s own languages and cultures; lack of information; participation and decision-making power with regard to issues that affect them; and forced evictions and displacements.

During the period under review, the Special Rapporteur undertook official visits to Colombia, Canada and South Africa, participated in the session of the African Commission on Human and Peoples’ Rights, the four session of the Permanent Forum on Indigenous Issues and the twenty-third session of the Working Group on Indigenous Populations, and visited a number of communities in other areas at the invitation of various indigenous peoples, including the Sami people in Norway. He also took part in various international conferences and workshops, including a workshop on forced evictions and an international seminar on the implementation of laws regarding the rights of indigenous people, organized jointly by the Office of the United Nations High Commissioner for Human Rights (OHCHR) and the Inter-Parliamentary Union (IPU) to support the Special Rapporteur in the preparation of his annual thematic report to the sixty-second session of the Commission on Human Rights.

The full text of this report is available online at <http://daccessdds.un.org/doc/UNDOC/GEN/N05/513/14/PDF/N0551314.pdf?OpenElement> .

Additional reports made by the Special Rapporteur to the United Nations Commission on Human Rights over the course of his mandate are available online at <http://www.ohchr.org/english/bodies/chr/index.htm> .