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Background information and mandate of the Special Rappporteur

 

Background information


In response to the persistence of existing obstacles to the full and effective protection of the human rights and fundamental freedoms of indigenous peoples, the Commission on Human Rights decided, in 2001, to appoint a Special Rapporteur on the Situation of the Human Rights of Indigenous People, Dr. Rodolfo Stavenhagen who is a Mexican research professor specialized in indigenous rights. The appointment of the Special Rapporteur was a significant achievement of indigenous peoples in their on-going pursuit for the protection and recognition of their fundamental rights by the United Nations.

The Special Rapporteur's mandate is:

 

·     To gather information and communications from all relevant sources – including governments, indigenous peoples and their communities and organisations – on violations of human rights and fundamental freedoms of indigenous peoples.

·     To formulate recommendations and proposals on measures and activities to prevent and remedy violations of the basic human rights and fundamental freedoms of indigenous peoples.

·     To work in close contact with other special rapporteurs, special representatives, working groups and independent experts of the Commission on Human Rights and the Sub-Commission on the Promotion and Protection of Human Rights.

 

Unlike the Working Group on Indigenous Populations, the Special Rapporteur can investigate specific human rights complaints. The Special Rapporteur is authorised to take complaints from indigenous individuals, groups or communities, including requests for urgent action, to investigate them, to make visits to the countries where the complaints originate, and to make recommendations to the country violating indigenous human rights and to the various human rights organs of the UN as to steps they should take to remedy the violations or to prevent future violations.

 
Method of work

In the fulfillment of his mandate, the Special Rapporteur:
·     Presents annual reports on particular topics or situations of special importance regarding the promotion and protection of the rights of indigenous peoples.
·     Undertakes country visits.
·     Exchanges information with Governments concerning alleged violations of the rights of indigenous peoples.
·     Undertakes activities to follow-up on the recommendations included in his reports.

Making use of the Special Rapporteur

IWGIA would like to encourage indigenous organisations and communities to make use of the special Rapporteur mechanism by submitting information to him pertaining to the violation of their rights, so that he can act on such information.

Contact

The mandate of the Special Rapporteur is serviced by the Office of the United Nations High Commissioner for Human Rights:

OHCHR, United Nations
1211 Geneva 10
Switzerland
Tel. + 41 - 22 917 91 34
fax + 41 - 22 917 60 10
Email: indigenous@ohchr.org

The
procedures for approaching the Special Rapporteur is also described in UNHCHR's leaflet UN Charter-based Bodies and Indigenous Peoples, which can be found at http://www.unhchr.ch/html/racism/indileaflet3.doc.


More information

You can find more information about the Special Rapporteur in the following IWGIA publications: 


Indigenous Rights: The UN Special Rapporteur - Experiences and Challenges 
(International Centre for Human Rights and Democratic Development, IWGIA, Tebtebba Foundation and Canadian Friends Service Committee (Quakers) 2007)
 

Indigenous Affairs 3/2004 – The UN Decade: Expectations and Realities (download the publication)
 
The UN Permanent Forum on Indigenous Peoples (Lola García-Alix 2003)
 
Indigenous Affairs 1/2002 - International Processes (download the publication)
 

You can also visit OHCHR's website: http://www.ohchr.org/english/issues/indigenous/rapporteur/