UNSR James Anaya

In a public statement issued on 20 December 2011, the Special Rapporteur on the rights of indigenous peoples expressed his concern regarding the reportedly dire social and economic conditions of the Attawapiskat First Nation, which seemingly exemplifies the conditions of many aboriginal communities in the country. According to information received, many of this First Nation's approximately 1,800 members live in unheated shacks or trailers, with no running water. This is particularly serious during the winter season where temperatures are as low as -28 Celsius. In a communication sent to the Canadian government, the Special Rapporteur requested information on the government's efforts in responding to the situation at Attawapiskat First Nation as well as in responding to concerns over unequal funding of First Nations communities, as compared to non-Aboriginal towns and cities, and the effects this has on the ability of First Nations to attend to the social and economic needs of their members.

Read Public Statement

A United Nations expert urged Argentina to strengthen its measures to protect the human rights of indigenous peoples as well as their rights to land ownership and education, adding that a mechanism to establish dialogue between them and the Government is urgently needed.

“A central preoccupation expressed by indigenous leaders during my visit was the lack of judicial security over their land ownership rights and in particular the various problems and delays they face regarding their properties,” said UN Special Rapporteur on indigenous rights James Anaya after his 11-day visit to the country..

Many of the land disputes, Mr. Anaya noted, have occurred between indigenous groups and private companies – in particular excavating firms – which have been enabled by judicial authorities.

Read Public Statement (spanish only)

GENEVA (24 November 2011) - The UN Special Rapporteur James Anaya will visit Argentina from 27 November to 7 December 2011 to discuss the general situation of the country's indigenous peoples, including issues such as their right to lands and natural resources.

"During my mission, I will analyze the situation of indigenous peoples, who are among the most vulnerable and marginalized groups worldwide," said Mr. Anaya upon announcing the first visit to Argentina by an independent expert appointed by the UN Human Rights Council to investigate the rights of indigenous peoples.

Read more

 At its headquarters in Paris, UNESCO launched its work developing a policy on indigenous peoples. At the launching event, entitled Knowledge Systems, Knowledge Diversity, Knowledge Societies: Towards a UNESCO Policy on Engaging with Indigenous Peoples, the Special Rapporteur welcomed UNESCO's efforts to develop a policy on engaging with indigenous peoples. He further emphasized that the future policy should guide UNESCO's programming so that it does not just avoid harm to indigenous peoples, but rather actively promotes indigenous peoples' rights.

The Special Rapporteur participated in the event together with the Chair of the United Nations Permanent Forum on Indigenous Issues, Myrna Cunningham, and the Chair of the Expert Mechanism on the Rights of Indigenous Peoples, Vital Bambanze. During his two days at UNESCO's headquarters, the Special Rapporteur also met with the Director General of UNESCO, Irina Bokova, as well as with representatives of UNESCO programmes relevant to indigenous peoples, including UNESCO's Assistant Director Generals of Natural Sciences, Communications and Information, and Culture; and representatives of the World Heritage Centre and of the Intangible Cultural Heritage Section Division for Cultural Expressions and Heritage.

See UNESCO website

LONDON. The United Nations Special Rapporteur on the rights of indigenous peoples, Prof. James Anaya called upon human rights defenders and indigenous rights advocates to put additional effort into enhancing the capacities of the peoples affected by extractive industry operations in or around their traditional territories.

The Special Rapporteur made this statement as part of his keynote speech at the Conference "A Dangerous Business: The human cost of advocating against environmental degradation and land rights violations," organized by the NGO Peace Brigade International (PBI) at the Senate House University of London, on 31 October 2011. On occasion of his participation at the conference, the Special Rapporteur is holding informal meetings with United Kingdom Government representatives, Members of Parliament, and civil society organizations, with a view to collecting information and views on official policies and legislation concerning the impact of UK-based transnational companies on indigenous peoples around the world.

The Special Rapporteur's participation at the conference is part of his ongoing work concerning the promotion and protection of the rights of indigenous peoples in the context of extractive industry operations in or near their traditional territories, as signaled in his last report to the Human Rights Council.

Read Public Statement

On 17 October 2011, the Special Rapporteur presented his third annual to the Third Committee (Social, Humanitarian and Cultural) of the United Nations General Assembly in New York. The Report provides a summary of the activities over the first three years of the Special Rapporteur's mandate. In his statement to the General Assembly, the Special Rapporteur addressed the topic of extractive industries, pointing out the negative and even catastrophic effect these activities have had on the rights of indigenous peoples, and the need to facilitate a common understanding among indigenous peoples, governments and private companies about key issues and applicable human rights standards in this context. He stated that this issue will be the major focus of his work during the next three years of his mandate.

See Statement to the General Assembly and Report.  Read UN News Centre Press Release.

 The Special Rapporteur, James Anaya, issued an urgent warning about the situation of growing social tensions in Bolivia generated by the march of about 1,500 indigenous people against the construction of a highway through the indigenous territory and national park Isiboro Secure (TIPNIS). The Special Rapporteur called for the initiation, as soon as possible, of a process of good faith consultation with the indigenous peoples affected, in order to find a peaceful solution to this situation and address the underlying problems related to the construction of the road through the TIPNIS reserve. In addition, the Special Rapporteur urged the Government of Bolivia to take all necessary measures to ensure the safety of persons participating in the march, and to prevent, investigate and punish any acts that affect their lives or physical integrity.

See press release here [Spanish only].

On 20 and 21 September 2011, the Special Rapporteur presented his fourth annual report to the Human Rights Council in Geneva. In his report, the Special Rapporteur provided a brief overview of the work he has carried out over the past year, and offered some comments on his study on extractive industries operating in or near indigenous lands.

He also presented to the Human Rights Council reports on the situations of indigenous peoples in New Caledonia (France); the Republic of Congo; New Zealand; and the Sápmi region (traditional territory of the Sami people) in Norway, Sweden and Finland. Special Reports involving cases and situations in Guatemala, Suriname and Costa Rica were also presented.

Following the presentation of his report, the Rapporteur heard comments from representatives of governments, indigenous peoples and non-governmental organizations present. See a video of the Special Rapporteur's presentation here.

See also the Rapporteur's statement here and a press release on the issue of extractive industries here.

Professor Anaya recently participated in an in-depth dialogue with representatives of the Government of Brazil, providing an overview of the duty of States to consult with indigenous peoples. The meeting was attended by numerous government institutions, including the National Indian Foundation (FUNAI); the Ministry of Foreign Affairs (MRE); the General Secretariat of the President of the Republic; the Ministry of Mines and Energy (MME); Brazil's Special Secretariat for the Promotion of Racial Equality (SEPPIR); the Palmares Cultural Foundation (Fundação Cultural Palmares); the Brazilian Institute on Environment and Renewable Natural Resources (IBAMA); and the National Department of Infrastructure and Transportation (DNIT).

Professor Anaya expressed his hope that this meeting will assist in the advancement of Brazil's implementation of international standards regarding the duty to consult and the principle of free, prior and informed consent. Also while in Brasilia, Professor Anaya spoke at a public event organized by the Socio-Environmental Institute (ISA), which was attended by students, academics, and representatives of non-governmental organizations and indigenous peoples.

In the first half of the report, the Special Rapporteur provides a summary of the activities carried out during his third year in the mandate, including cooperation with other international and regional mechanisms and bodies in the field of indigenous rights, and the activities carried out in his four main areas of work: promoting good practices; country reports; specific cases of alleged human rights violations; and thematic studies.

The Special Rapporteur devotes the second half of the report to a preliminary analysis of the impact of extractive industries operating within or near indigenous territories, following the distribution of a questionnaire on the issue to Governments, indigenous peoples, corporations and civil society.

See full report.

The Special Rapporteur has released his annual report on his communications with governments concerning specific cases of alleged violations of the human rights of indigenous peoples. This report is complemented by, and should be considered along with, the joint communications report that is being submitted for the first time for all special procedures mandate holders (A/HRC/18/51). The Special Rapporteur's report refers to his examination of 25 cases in 15 countries between August 2010 and July 2011. For some cases the Special Rapporteur has provided detailed observations with specific recommendations or descriptions of other follow up measures he has taken.

These cases, which are included in annexes to the report, are the following: Read more

The Special Rapporteur on the rights of indigenous peoples congratulates the Congress of Peru for the recent passage of a consultation law for indigenous peoples (Ley del derecho a la consulta previa a los pueblos indígenas u originarios reconocido en el Convenio No. 169 de la Organización Internacional del Trabajo) on 23 August 2011. He considers it an important step forward for indigenous peoples' rights in the country. The Special Rapporteur hopes that the passage of the law reflects a strong commitment by the Peruvian State to respond to the demands of indigenous peoples to be consulted about measures that directly affect them, and in particular about extractive industry projects in and around their territories. Therefore, he urges the President of the Republic to promulgate the law and calls upon the Government to take all necessary measures to ensure the adequate implementation of the law.

Read the Press Release.

The Special Rapporteur participated in the Fourth Session of the Expert Mechanism on the Rights of Indigenous Peoples (11 July – 15 July 2011). In his statements to the Expert Mechanism, the Special Rapporteur described the activities he undertook during the past year under his mandate including the cases he has examined. He also offered comments on his upcoming annual thematic report on extractive industries on or near indigenous territories, and provided brief comments on the Mechanism's report on indigenous peoples' rights to participation. During the session, he held parallel meetings with representatives of indigenous peoples, organizations and States in order to discuss specific cases of allegations of human rights violations as well as to follow-up on cases previously brought to the attention of Governments.

See Opening Statement to the Expert Mechanism and Statement on the Rapporteur's activities.
See unofficial webcast (external site)

The Inter-American Commission on Human Rights called on the Special Rapporteur, James Anaya, to present expert testimony on the principles of consultation and consent, during hearings before the Inter-American Court in the case of the Kichwa indigenous peoples of Sarayaku vs. Ecuador on 7 July. The Special Rapporteur presented a short statement on the issue, and responded to a series of questions by representatives of the Sarayaku community, the Inter-American Commission, the State of Ecuador, and the judges of the Inter-American Court.

See the Special Rapporteur's statement here (Spanish only).  -  See webcast.

On 6 July 2011, the Special Rapporteur issued a public statement in which he urged the Government of Peru and the indigenous leaders in the department of Puno to maintain a dialogue process in order to peacefully resolve conflicts related to mining and oil activities in the region following the recent violence that occurred in the city of Juliaca where five people were killed and over 30 injured. According to the Rapporteur, measures should be agreed upon "such as consultation mechanisms with indigenous peoples, which can be adopted in the context of these extractive activities, in addition to measures addressing the problems associated with harmful effects generated by the mining activity in the region ".

He called for the respect of the right to life and other fundamental human rights during the carrying out of legitimate protests in defense of indigenous peoples’ rights as well as in the response from the police. Similarly, he stressed the need for the Government to clarify the events that occurred during the protests of 24 June in Juliaca and to diligently proceed to investigate, prosecute and punish those responsible for the deaths that occurred.

See: Public Statement  (spanish)

On June 16, 2011, the Special Rapporteur participated in a videoconference with members of the Justice and Structure Commission of the Ecuadorean National Assembly where he presented his observations and recommendations concerning the bill on Coordination and Cooperation between Indigenous and National Justice Systems to the Commission members, other Assembly members, State officials and members of civil society present at the main hall of the National Assembly. The Special Rapporteur stressed the importance of using as a starting point, the actual exercise of jurisdiction by indigenous peoples based on their own norms and cultures in order to address critical issues such as the subject matter, personal and territorial jurisdiction that indigenous authorities in charge of administering justice would have. He also highlighted the need that the discussion of these issues not be based on negative perceptions about indigenous justice systems in the country and to avoid any unjustified restriction of indigenous peoples’ rights of self-government, self-determination and cultural integrity.

See the Webcast here.[spanish]

The Special Rapporteur was among a number of experts and indigenous leaders who testified at a hearing of the United States Committee on Indian Affairs entitled, "Setting the Standard: The Domestic Policy Implication of the UN Declaration on the Rights of Indigenous Peoples," held in Washington, D.C. on June 9, 2011.

Information on the hearing can be found here.  Webcast here.
See the testimony of the Special Rapporteur before the Committee.

The Special Rapporteur released his observations and recommendations on the measures needed to address the human rights concerns related to the proposed construction of the Diquís hydroelectric project in Costa Rica. If built according to current plans, the project will result in the flooding of ten percent of the traditional territory of the Teribe people, and will also impact other indigenous groups in the area. In his note on the situation, the Special Rapporteur provided detailed observations on the measures needed to consult with affected indigenous groups, making the specific recommendation that a team of independent experts be formed to help facilitate the consultation process. The Special Rapporteur also recommended that the Government address underlying issues affecting indigenous peoples in the country, specifically in relation to land tenure, representation, and the advancing of a law on indigenous peoples. See full note here [Spanish only].

In his statement to the United Nations Permanent Forum on Indigenous Issues, during its annual meeting in New York, the Special Rapporteur provided an overview of his activities over the past year, including his work coordinating with other relevant human rights mechanisms and agencies and his work within his four principle work areas: thematic studies, country reports, communications regarding specific cases of human rights violations, and promoting best practices. He also offered some brief comments and reflections on the Permanent Forum’s work, and made observations on measures that could be taken to continue to realize ever-greater potential of the Forum to advance indigenous peoples’ rights. His specific observations related to the Permanent Forum’s mandate to prepare and disseminate information on indigenous issues and its mandate to raise awareness and promote the integration and coordination of activities related to indigenous issues within the United Nations system.

See complete statement here.

The Special Rapportuer gave the keynote speech at the opening of the eighteenth session of the World Intellectual Property Organization's Intergovernmental Committee on Intellectual Property and Genetic Resources, Traditional Knowledge, and Folkore, on May 9 in Geneva. In his speech he stressed that indigenous peoples' demands to maintain control over their traditional knowledge and cultural expressions are grounded in widely applicable principles of fundamental human rights. The WIPO committee is currently drafting text for international legal instruments on traditional knowledge, genetic resources, and traditional cultural expressions.

See the summary of the Special Rapporteurs keynote speech. Information on the work of the committee can be found here.

The UN Special Rapporteur on the Rights of Indigenous Peoples, James Anaya, undertook a visit to Costa Rica from 24-27 April 2011 to discuss the situation of indigenous peoples, in particular the Térraba people, affected by the Diquís hydroelectric project. At the end of his four-day visit, the Special Rapporteur noted that "All parties agree that it is necessary to initiate a consultation process that complies with relevant international standards before the hydroelectric project Diquis can move forward."

During his visit, the Special Rapporteur met in San Jose with several government representatives, including from the Instituto Costarricense de Electricidad (ICE), the agency responsible for the Diquis hydroelectric project, as well as with representatives of indigenous peoples, the UN country team, members of the international community, and others. In Térraba, he visited the site of the proposed dam site along with representatives from ICE and heard from several indigenous groups, in particular the Térraba people. See press release announcing the visit here [Spanish only].

Delegates attending the biennial conference of the New South Wales Aboriginal Land Council, the main representative body in Aboriginal affairs in the state of New South Wales, Australia, discussed the UN Declaration on Rights of Indigenous Peoples as a benchmark for major aspects of the organization´s work. The Special Rapporteur, James Anaya, gave the keynote address at the conference, focusing on the Declaration and linking it with the conference theme, "Be Informed, Be Involved, Be Inspired". The conference brings together the 119 local aboriginal land councils throughout New South Wales every two years to discuss work and exchange information and experiences. Read more about the New South Wales Aboriginal Land Council here. Read Professor Anaya's keynote speech here.

The Special Rapporteur is currently carrying out a study on the rights of indigenous peoples in relation to natural resource extraction and development projects affecting them, in light of the high level of information he has received from indigenous peoples expressing concerns about this issue. An important component of this study will be the eventual development of a set of guidelines directed at States, corporations and indigenous peoples on the duty to consult with indigenous peoples in relation to natural resource extraction and development projects.

To gather information for the preparation of this study, the Special Rapporteur has developed a questionnaire for indigenous peoples and organizations, NGOs, and other interested parties.  Please fill out the questionnaire here:  English, French, Spanish.

The Special Rapporteur has also developed a special questionnaire for business enterprises [English, Spanish] and States [English, Spanish].

Please indicate in your response whether you represent an indigenous people or organization; a business enterprise or a State.

"The UN Declaration on the Rights of Indigenous Peoples calls for a new model of development, one that advances indigenous self-determination and offers real opportunities for partnership", the Special Rapporteur told German government officials and others participating in an expert workshop in Berlin on March 29, 2011.

The Special Rapporteur gave the keynote presentation at the expert workshop, which was convened by the German Federal Ministry on Economic Cooperation and Development (BMZ) to address German development cooperation in Africa and Asia. See a summary of the Special Rapporteur´s presentation and the workshop programe.