UNSR James Anaya

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).

UN Special Rapporteur James Anaya joined a group of UN experts in condemning the recent killing of human rights defender Ms. Beatriz Alberta (Bety) Cariño Trujillo and the international observer Mr. Tyri Antero Jaakkola in Oaxaca, Mexico. "The increase of armed clashes and violence in the community of San Juan Copala over the past few months is affecting not only the armed groups involved but also the population of the district, most of them women and children belonging to the Triqui indigenous community,” he stated with concern. See Press Release.

A group of UN human rights experts expressed serious concern over a series of laws recently enacted by the state of Arizona, United States of America, that may have significant discriminatory effects on ethnic minorities and groups, especially those of Mexican, Latin American, or indigenous origin. One of the laws requires police, after a lawful detention, to interrogate individuals about their immigration status upon “reasonable suspicion” that they are in the country illegally and may lead to interrogation of person primarily on the basis of their perceived ethnic characteristics; another law is aimed at suppressing or even eliminating public school programs that feature the histories and cultures of ethnic minorities. See Press Release.

“If private companies engage in development activities on indigenous territories, they must be aware of and respect international human rights standards concerning indigenous peoples and deal with indigenous peoples as equal partners in the development projects,” Special Rapporteur James Anaya told representatives of oil and gas companies at a seminar in Cartagena, Colombia. The seminar, Interculturalism and the Oil & Gas Industry in Latin America & the Caribbean, was organized by the Regional Association of Oil and Natural Gas Companies in Latin America and the Caribbean (ARPEL), and took place on May 24 and 25, 2010. In his presentation the Special Rapporteur stressed that development projects on indigenous territories should take place only with the free, prior and informed consent of the affected indigenous communities. See highlights of the Special Rapporteur’s presentation at the seminar. [English] [Spanish].

Development projects need to incorporate into their objectives the right of indigenous people to self-determination, said Special Rapporteur James Anaya in his address to the United Nations Permanent Forum on Indigenous Issues during its ninth session. Improving the educational opportunities for indigenous people and strengthening their institutions and self-government structures are essential for enabling indigenous communities to take control of their own affairs, to ensure that development processes are aligned with their own cultural values, as well as to participate as equal partners in development projects benefiting the larger societies. See Full Statement.

Nordic governments and Sami organizations have achieved notable progress in advancing the human rights of the indigenous people in the Sapmi region, said Special Rapporteur James Anaya after a three day conference in Rovaniemi, Finland, where he met with representatives of Sami Parliaments, NGOs, and the governments of Norway, Sweden, and Finland. Many challenges remain, he continued, and positive efforts would be strengthened by successfully negotiating the formation of a Nordic Sami Convention to address the common challenges of Sami people living in this region spanning across several country boundaries. See Press Release.

The Government of Australia is to be commended for various programs aimed at reducing the disadvantaged conditions of Aboriginal and Torres Strait Islander peoples; however, in a number of respects these programs should be better devised to advance the cultural integrity and self-determination of these peoples, says Special Rapporteur James Anaya in a report following a visit to the country. Especially troublesome, he says, is the government’s Northern Territory Emergency Response, which includes a series of aggressive measures that discriminate against aboriginal people in a manner incompatible with Australia’s Human Rights obligations. See Press Release and Report.

Despite government programs aimed at improving the economic conditions of the Basarwa (San) and other indigenous peoples in Botswana, these peoples continue to suffer disadvantage, concludes a report by Special Rapportuer James Anaya. Government programs in Botswana should be better adapted to advance the rights of disadvantaged indigenous peoples in accordance with contemporary international standards, he says. See Press Release and Report.

The State of Colombia has devoted significant attention to indigenous issues and to the development of plans and proposals to address the recommendations of the former Special Rapporteur, but indigenous peoples in the country continue to face serious problems which have not been addressed with the urgency that the gravity of the situation merits, says Special Rapporteur James Anaya in a report following a visit to the country to examine progress made after his predecessor's visit there. See Press Release and Report.

Following up to an earlier visit to the country, Special Rapporteur James Anaya visited Ecuador from 7 to 9 December 2009 to participate in an initiative to develop legislation to recognize indigenous justice systems and to examine the implementation of constitutional protections of indigenous rights. See Press Release.

Implementing the United Nations Declaration on the Rights of Indigenous Peoples would both bring historical justice to that too-often ignored segment of humanity and develop stronger democratic, multicultural societies, the Special Rapporteur on indigenous issues told the Third Committee (Social, Humanitarian and Cultural) of the UN General Assembly. See Press Release and Report.

"I am impressed by the several initiatives by the Government of the Russian Federation and regional governments to address the concerns of the country’s small-numbered indigenous peoples," stated James Anaya, the United Nations Special Rapporteur on the situation of human rights and fundamental freedoms of indigenous people, as he concluded his visit to Russia. "Significant challenges remain, however, to consolidate and effectively implement these initiatives for the benefit of these indigenous peoples," he added. He also noted that indigenous peoples in many places continue to suffer from poverty, unemployment, and related social ills, and face impediments to their access to traditional economic activities and effective participation in the decisions affecting them. See Press Release.

Following an visit to Peru to examine the events of Bagua, Peru in June 2009, Special Rapporteur James Anaya issued a report with several recommendations to clarify the facts surrounding the events and to address the underlying problems related to shortcoming in the protections for the rights of indigenous peoples. See Press Release issued at the conclusion of the visit and Report.

A report by Special Rapporteur James Anaya done after an on site visit to Panama finds significant flaws in the government’s authorization for the dam and the ongoing construction project. He calls for a new process of dialogue with the affected communities to obtain their agreement on the terms of the project and for measures to ensure respect for their land and other human rights. See Report.

Special Rapporteur James Anaya attended the title-granting ceremony in Awas Tingni. Read his commentary on the event.

After his visit to the country, Special Rapporteur James Anaya noted that Nepal’s government has achieved some positive developments in improving the human rights of Nepal's indigenous peoples, but that a number of concerns related to a history of discrimination against the Adivasi Janajati remain. See Press Release issued at the conclusion of the visit and Report.

"Despite advances, exercise of the right to self-determination for indigenous peoples – that is, real control of their own lives and lands – is still a major challenge for Brazil." This was the main observation of the United Nations Special Rapporteur on the situation of human rights and fundamental freedoms of indigenous people, S. James Anaya, as he concluded a 12-day visit to Brazil. See Press Release issued at the conclusion of the visit and Report.