The Special Rapporteur makes public his report on the situation of indigenous peoples in the Russian Federation, which follows a visit to the country from 4 to 16 October 2009. In the report, the Special Rapporteur initiative undertaken by the federal and some regional governments to improve the living conditions of indigenous peoples and to advancing their cultures and participation in decision-making. Still, he writes, further efforts are needed to ensure that the existing laws are fully and consistently implemented throughout Russia and for all indigenous peoples, and to ensure that indigenous peoples’ rights, especially to lands and resources, consultation, and participation at the municipal, regional and federal levels, are fully respected.
See press release and full report in English and Russian.

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On the International Day of the World's Indigenous Peoples (9 August 2010), the Special Rapporteur acknowledged that extraordinary wealth of knowledge, culture, and spirituality that indigenous peoples have maintained for the common benefit of humankind. However, he stressed that "historical patterns of oppression continue to manifest themselves in ongoing barriers to the full enjoyment of human rights by indigenous peoples." There is a great need for concerted measures for the demarcation and protection of indigenous lands, the development of culturally appropriate educational programs, support for indigenous self-governance institutions, and the many other measures contemplated by the Declaration. See the full media statement.

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The Special Rapporteur carried out a visit to New Zealand from 19-23 July 2010 to assess the situation of the Maori people, in follow up to the 2005 visit by his predecessor, Rodolfo Stavenhagen. The Special Rapporteur notes that, while some advancements have been made since his predecessor’s visit, including proposed repeals to the Foreshore and Seabed Act and continued treaty settlements to address Maori grievances within the framework of the Treaty of Waitaingi, continued efforts need to be made in this regard, in consultation with the Maori people. Furthermore, the Special Rapporteur emphasizes that the principles enshrined in the Treaty of Waitangi and related internationally-protected human rights must be provided with constitutional security. See the preliminary statement of the Special Rapporteur and the press statement following the visit. (July 2010)

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During the session of the Expert Mechanism on the Rights of Indigenous Peoples, which took place from 12-16 July 2010, the Special Rapporteur offered observations on the right of indigenous peoples to participate in decision-making, which is the focus of a study currently being developed by the Expert Mechanism. See the statement of the Special Rapporteur regarding the right to participate in decision-making here. The Special Rapporteur also provided views on the United Nations Declaration on the Rights of Indigenous Peoples, in which he focused on the need for decided and concerted action for implementing the Declaration. See the statement here. Additionally, the Special Rapporteur held numerous meetings with indigenous peoples and organizations to discuss specific situations of allegations of human rights violations and other issues. He will continue to analyze the information received, with a view towards following up with the governments involved. (July 2010)

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In a public statement, the Special Rapporteur, James Anaya, outlined principles relating to the duty of states to consult with indigenous peoples, in light of the letter signed by the President of Peru, Alan Garcia, on 21 June 2010. This letter by the President sets out the observations of the Executive on the consultation law recently passed by the Peru Congress, and makes clear its position not to enact the law and instead, to return it to the Congress for debate. In his statement, the Special Rapporteur discusses relevant international standards regarding the right of indigenous peoples to consultation, in response to references made in the President's letter to a previous report of the Special Rapporteur on that subject. See Special Rapporteur's statement [Spanish only].

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Following his visit to Guatemala between 14 and 18 June 2010, Special Rapporteur James Anaya identified a high level of social conflict and instability in relation to natural resource extraction activities being carried out in indigenous lands by private companies, in a large part due to a lack of effective consultation with the indigenous communities affected by these activities. The Special Rapporteur observed a pressing need to develop a mechanism to regulate consultation with indigenous peoples. At the same time, he emphasized that the present lack of such a mechanism does not absolve the Government of its obligation to consult with indigenous peoples on matters that affect their rights and interests. The Special Rapporteur addressed the particular situation of deficient consultations leading to the licensing of the Marlin gold mine to the Goldcorp company and allegations of environmental harm by the mine. See Preliminary Observations and Press Release [Spanish only]. See also sampling of media coverage of the visit.

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The Special Rapporteur James Anaya expressed deep concern at the polarized atmosphere that has emerged from recent media comments and statements by government officials in Ecuador with regards to a case that took place on May 9, 2010 at the Cocha community, Cotopaxi province. “It is counterproductive for the construction of an intercultural and multinational State as declared in the new constitution of Ecuador,” he said, “to describe as savage and as human rights violations all expressions of indigenous justice, based on partial and incomplete information from the media.” The Rapporteur called for dialogue and understanding in building the mechanisms of coordination and cooperation between the state and indigenous systems of justice. See Press Release.

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UN Special Rapporteur James Anaya and the Inter-American Commission on Human Rights Rapporteur on indigenous peoples, Dinah Shelton, led a training seminar for indigenous leaders and lawyers from the United States and Canada, in Washington, D.C. on June 3 and 4 at the offices of the Organization of American States. The seminar was aimed at providing training on the Inter-American and UN human rights systems, especially as they relate to the protection of the rights of indigenous peoples. See Press Release.

The Special Rapporteur underscores that the passage by the Congress of Peru of the Law on the Rights to Prior Consultation with Indigenous Peoples, recognized in Convention No. 169 of the International Labour Organisation “represents a significant advancement in national legislation concerning the rights of indigenous peoples, which could establish an important precedent as a ‘best practice’ for other countries in the region and in the world.” The Special Rapporteur also calls upon the executive branch to enact the law within the period required under Peruvian law, and emphasizes that the law should be implemented in a manner consisted with Peru’s international human rights obligations. See Press Release (Spanish only).

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