UNSR James Anaya

PARAMARIBO – The United Nations Special Rapporteur on the Rights of Indigenous Peoples, James Anaya, called for further contact between the authorities and the indigenous and tribal peoples of Surinam, and reiterated his readiness to assist with efforts to advance their land and resource rights.

"I look forward to continued dialogue with the Government and with the indigenous and tribal peoples of Suriname, in order to provide further guidance on the practical steps necessary to move forward with securing indigenous and tribal land rights, in accordance with relevant international treaties to which Suriname is a part," Mr. Anaya said at the end of the first visit ever to the country by a human rights independent expert designated by the UN Human Rights Council.

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The Special Rapporteur has issued his report on the Situation of indigenous peoples of Guatemala in relation to natural resource extraction projects, and other projects, in their traditional territories. In an appendix to the report, he analyzes the human rights situation of communities affected by the Marlin mine in the municipalities of San Miguel Ixtahuacán and Sipacapa, department of San Marcos.

In the report, the Special Rapporteur notes that Guatemala is currently experiencing a high degree of social unrest in connection with the natural resource extraction activities taking place in the traditional territories of indigenous peoples, which has serious impacts on indigenous peoples' rights, and threatens governance and economic development. With his observations, the Special Rapporteur aims to identify the underlying causes of current problems, in order to help address these problems through specific recommendations in the light of relevant international standards. See advanced unedited version of the report (Spanish only)

The Special Rapporteur's report examines the situation of Māori people in New Zealand on the basis of information received during the Special Rapporteur's visit to the country from 18-23 July 2010 and independent research. The visit was carried out in follow up to the 2005 visit of the previous Special Rapporteur, Professor Rodolfo Stavenhagen. The report's principal focus is an examination of the process for settling historical and contemporary claims based on the Treaty of Waitangi, although other key issues are also addressed. See full report here [English only] (advanced unedited version).

In recent weeks, indigenous peoples and organizations have carried out numerous protests, in light of discussions surrounding and approval by the Panamanian National Assembly of Bill N. 277 to amend the Law on Mineral Resources. These demonstrations have resulted in clashes with security forces in which several people were injured and arrested. In light of this situation, the Special Rapporteur urges the Government of Panama to take all necessary measures to ensure the safety of persons participating in the demonstrations . At the same time, the Special Rapporteur notes the importance of initiating, without delay, a good faith dialogue with indigenous peoples, in order to find a peaceful solution to this tense situation and address the underlying problems related to the proposed amendments to the Law on Mineral Resources.

See the press statement [Spanish only].

The Special Rapporteur on the rights of indigenous peoples, James Anaya, issued the following statement up on the conclusion of his mission to New Caledonia.

Noumea, New Caledonia, 13 February 2011 - "In my capacity as the United Nations Special Rapporteur on the rights of indigenous peoples, I have conducted a visit to New Caledonia from 4 to 13 February 2011.... The objective of my visit has been to hold consultations and receive information in order to examine the human rights situation of the indigenous people of the country – the Kanak people – while recognizing fully the history of New Caledonia. I have sought to understand the approaches that the Government of France as well as the Government of New Caledonia and the Kanak people have chosen in their efforts to progressively achieve a harmonious and productive coexistence among all sectors of the country's population, through implementation of the Noumea Accord of 1998...."

See complete statement in English and French.

From 24-27 January 2010, in Arusha, Tanzania, the Support Project for the United Nations Special Rapporteur on Indigenous Peoples participated in the final regional consultation carried out by the United Nations Programme on Reducing Emissions from Deforestation and Forest Degradation (UN-REDD) with indigenous peoples and other forest dependent communities. This workshop followed previous consultations in the Asia region in June 2010 and in the Latin American and Caribbean region in October 2010.

The purpose of the consultation was to gather input for the development of guidelines on the principle of free, prior and informed consent in relation to the development of forest management projects in the context of the UN-REDD Programme. See UN-REDD Programme website .

The OECD Guidelines for Multinational Enterprises should advance compliance with the United Nations Declaration on the Rights of Indigenous Peoples, the Special Rapportuer stressed at a meeting with a working group of state delegates to the Organziation for Economic Cooperation and Development (OECD) in Paris on 25 January, 2011.

The working group is currently developing an updated version of the OECD Guidelines for Multinational Enterprises, which are intended to advance responsible business practices by companies from or operating in OECD member and other states accepting the Guidelines. The Special Rapportuer also called on the the working group to consult directly with indigenous peoples on the update of the Guidelines, since indigenous peoples often are directly affected by multinational enterprises, especially those seeking to extract the natural resources found within indigneous territories.

Information on the update of the OECD Guidelines can be found here. 
See PDF: Summary of remarks, Professor James Anaya, UN Special Rapporteur on the Rights of Indigenous Peoples

On 13 January 2011 the Special Rapporteur made public and presented his report via videoconference at a gathering of Sami leaders and observers at the University of Tromso, Norway. In his report, the Special Rapporteur notes that overall, Norway, Sweden, and Finland each place a high level of attention to indigenous issues. However, more remains to be done to ensure that the Sami people can pursue their self-determination and develop their common goals as a people living across more than one State, as well as enjoy within each of the States in which they live the full range of rights that are guaranteed for indigenous peoples in contemporary international instruments. The Special Rapporteur makes a series of recommendations, in light of relevant international standards, to assist with ongoing efforts to advance the rights of Sami people throughout the Sápmi region. See advanced unedited version of the report here [English only].

The Special Rapporteur communicated his concern to the Government of Chile for the violent evictions, and the threat of possible future evictions, of members of the Rapa Nui people, who since July 2010 have peacefully occupied buildings and other places in Easter Island, Chile, to demand recognition of their rights to ancestral lands. The Special Rapporteur encourages the Government to prevent further evictions and to ensure that the police presence on the island does not exceed what is necessary and proportionate to ensure the safety of the island’s inhabitants. He urges the Government to make every effort to carry out a good faith dialogue with representatives of the Rapa Nui people to resolve, as soon as possible, the underlying issues in the current situation.  See the complete statement [Spanish only].

Professor Anaya notes that the passage of a law on indigenous peoples by the National Assembly of the Republic of Congo on 30 December 2010, following approval by the Senate, marks a significant step in recognizing and protecting the rights of marginalized indigenous peoples of the country, including groups such as the Baaka, Mbendjele, Mikaya, Luma, Gyeli, Twa and Babongo, which collectively have been known as Pygmies. Once signed by the President, this law will be the first of its kind on the African Continent, providing an important example of a good practice in the region for the recognition and protection of the rights of indigenous peoples. See full statement.

(The following statement is issued by the United Nations Special Rapporteur on the rights of indigenous peoples, James Anaya)

GENEVA (17 December 2010) – “I am elated that President Barack Obama has just announced the United States’ support for the United Nations Declaration on the Rights of Indigenous Peoples, a groundbreaking development for Native Americans and all those who seek greater protection for human rights across the globe. The United States now joins the vast majority of the world’s States that have endorsed the Declaration, an affirmation of indigenous equality and self-determination that was adopted by the United Nations General Assembly in 2007. Read more

Upon conclusion of his visit to the Republic of Congo, the Special Rapporteur commended the Government for the significant steps it is taking to recognize and protect the rights of marginalized indigenous peoples of the country. Significant challenges remain, however to advance and implement these initiatives so that they can result in real improvement in the conditions of these peoples. During his 11 day visit to the Congo, the Special Rapporteur visited a number of indigenous communities in the departments of Likouala and Lekoumou, and met with many government officials, United Nations agencies, and civil society organizations in Brazzaville. See the full press statement here [English and French].

The Special Rapporteur is carrying out a visit the Republic of Congo to monitor the situation of those indigenous people who are not part of the majority or dominant ethnic groups of the Republic of Congo, which make up about 10 percent of the total population of the Republic of Congo and live mainly in the remote areas furthest from the capital, Brazzaville. The Special Rapporteur is visiting Brazzaville, Impfondo and Dongou (Likouala Department), Dolisie and Sibiti (Lekoumou Department) to hold discussions with government representatives, indigenous communities and civil society groups.
See press release announcing the visit.

On 18 October 2010, the Special Rapporteur presented his second annual report to the United Nations General Assembly in New York during its 65th session. See his statement to the Third Committee (Social, Humanitarian and Cultural Affairs Committee) of the General Assembly and UN Press Release, which includes a summary of the discussion about the report. In his report, the Special Rapporteur informs about his activities over the past year and also discusses three key issues: the right of indigenous peoples to development with culture and identity, the right of indigenous peoples to participation, and the obligation of States to implement the United Nations Declaration on the Rights of Indigenous Peoples. See Report to the General Assembly. Read UN News Centre article.

On 1 October 2010, the Government of Chile arrived at an agreement with Mapuche prisoners who had been in a hunger strike for 82 days in the Concepción, Temuco, Lebu and Valdivia jails. See the agreement here [Spanish only]. In the document, the Government agreed to desist from pursing charges of terrorism against Mapuche protestors and to reconsider these charges under ordinary criminal law. This agreement follows a statement issued by the Special Rapporteur on 24 September 2010, which called upon Chile to initiate a good faith dialogue with representatives of the Mapuche prisoners in the hunger strike and to enact appropriate reforms to the Anti-Terrorism Law and Military Justice Law. See the statement of the Special Rapporteur here [Spanish only]

On 20 September 2010, the Special Rapporteur presented his annual report to the Human Rights Council in Geneva. See his statement to the Council and the webcast of the presentation of his report and the subsequent interactive dialogue. The Special Rapporteur dedicated his annual report to the thematic issue of the responsibilities of corporations to respect the rights of indigenous peoples, especially in relation to the extraction of resources in their lands. Included as addendums to his annual report are his report on cases examined 2009-2010; his reports on the situations of indigenous peoples in Botswana, Colombia, Australia, the Russian Federation, and Ecuador; and preliminary notes on the situations and cases concerning indigenous peoples in New Zealand, Guatemala, and the Sápmi region of Nordic countries. See Country Reports page.

See webcast

In his report, the Special Rapporteur notes that the Constitution "represents a significant step in the recognition of the human rights of the country's indigenous peoples." He observes, nevertheless, that situations outlined in the report "demonstrate the shortcomings that still exist in the effective implementation of national and international standards protecting the human rights of indigenous peoples." See report and the Special Rapporteur's previous report, Observations on the situation of human rights and fundamental freedoms of indigenous people in the constitutional review process in Ecuador (June 2008)

The Special Rapporteur on indigenous peoples, James Anaya, has released his report on his communications with governments concerning cases of alleged violations of the human rights of indigenous peoples. The report includes his examination of 34 cases in 22 countries between June 2009 and July 2010. In several of the cases the Special Rapporteur presents detailed observations and recommendations. See Advanced Edited version of report on cases examined.

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 outlines the initiatives undertaken by the federal and some regional governments to improve the living conditions of indigenous peoples and to advance 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.

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.

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)

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.

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].

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.

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.