James Anaya

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Notes
Harvard Forum on mining and other major development projects affecting indigenous peoples Print
06 November 2013

harvardprojectOn 31 October 2013, the Special Rapporteur participated in a forum, organized by the Harvard Project on Indian Economic Development, on Major Development Projects On and Near Indian Lands: Best Practices in Tribal-Corporate Relations. The Forum brought together indigenous leaders from throughout the United States, business enterprises, and academic representatives to discuss partnerships and development of mining and other large-scale projects. During the event in Boulder, Colorado, the Special Rapporteur gave the keynote address, in which he discussed the conclusions and recommendations of his study on extractive industries and indigenous peoples.

 
Special Rapporteur presents final report to the General Assembly Print
21 October 2013

sjanaya21102013The Special Rapporteur presented his final report to the Third Committee of the United Nations General Assembly. It his statement, Professor Anaya discussed broadly his work methods and lessons learned throughout his mandate. He also touched upon factors that in his opinion debilitate commitment to and action by States and other actors to the human rights standards embodied in the Declaration on the Rights of Indigenous Peoples, drawing upon his experiences over the past years.

Following his statement, the SpecialRapporteur participated in an interactive dialogue with States present, during which he elaborated further on his views regarding the character and legal implications of the Declaration.

See full report here; see statement here.


 

 
Special Rapporteur carries out working visits to Kenya and South Africa Print
30 September 2013
africa2From 20 to 25 September 2013, the Special Rapporteur on the rights of indigenous peoples travelled to South Africa and Kenya, where he participated in trainings and workshops and met informally with representatives of indigenous peoples.

On 20 September, he gave a presentation at a course on indigenous peoples' rights at the University of Pretoria, during which he presented on United Nations mechanisms related to indigenous peoples rights and on extractive industries and indigenous peoples.On 23 September, the Special Rapporteur facilitated a workshop hosted by the African Commission on Human and Peoples Rights regarding implementation of the Commission's principle decision regarding indigenous peoples, the Endorois decision.

While in Kenya, the Special Rapporteur also met informally with representatives of the Endorois, Ogiek and Maasai people in their traditional lands.

 
Final report of Special Rapporteur to Human Rights Council Print
18 September 2013

2013-09-18-hrc-janayaThe Special Rapporteur on the rights of indigenous peoples, James Anaya, presented his sixth and final annual report to the United Nations Human Rights Council, at its 24th session in Geneva, Switzerland.

The Special Rapporteur presented his thematic report on extractive industries and indigenous peoples (A/HRC/24/41), as well his reports on the situation of indigenous peoples in Namibia (A/HRC/24/41/Add.1) and El Salvador (A/HRC/24/41/Add.2); his report on his consultation on the situation of indigenous peoples in Asia (A/HRC/24/41/Add.3); his report on communications sent, replies received and follow up (A/HRC/24/41/Add.4); and his index on reports he has developed throughout his mandate, divided by theme and geographical region (A/HRC/24/41/Add.5).

Following his presentation and the subsequent interactive dialogue, the Special Rapporteur held a side event, during which he discussed in detail his final report on extractive industries and indigenous peoples and answered questions from participants.

See webcast of presentation to the Human Rights Council and interactive dialogue here.
See statement here 

 
Side event during the 24th session of the Human Rights Council: Extractive Industries and Indigenous Peoples Print
18 September 2013

logo-oacnudhA discussion of the report of the Special Rapporteur on the rights of indigenous peoples: EXTRACTIVE INDUSTRIES AND INDIGENOUS PEOPLES

A side event during the 24th session of the Human Rights Council

James Anaya, the Special Rapporteur on the rights of indigenous peoples, will present his report to the Human Rights Council on extractive industries and indigenous peoples.

Followed by questions and comments from the audience

Moderator: Antti Korkeakivi, Chief, Indigenous Peoples and Minorities Section, Office of the High Commissioner for Human Rights

14:00 to 15:00 hours, 18 September 2013, Palais des Nations, Room XXII, Geneva

Download brochure:  English, Spanish   

See Report

 
UN expert urges respect for the rights of Cherokee child in custody dispute Print
10 September 2013
jamesanaya-usaGENEVA (10 September 2013) – The United Nations Special Rapporteur on the rights of indigenous peoples, James Anaya, today called on the relevant state, federal and tribal authorities in the United States of America to take all necessary measures to ensure the wellbeing and human rights of 'Veronica,' an almost four year old Cherokee child at the center of a highly contentious custody dispute.

"Veronica's human rights as a child and as member of the Cherokee Nation, an indigenous people, should be fully and adequately considered in the ongoing judicial and administrative proceedings that will determine her future upbringing," Mr. Anaya stressed. "The individual and collective rights of all indigenous children, their families and indigenous peoples must be protected throughout the United States."

See full press release

Tags: USA
 
Special Rapporteur releases reports on El Salvador and Asia Consultation Print
14 August 2013

cdh-hrcThe United Nations Special Rapporteur on the Rights of Indigenous Peoples, James Anaya, has released his report on the situation of indigenous peoples in El Salvador and his report on his consultations with indigenous peoples in Asia. The Special Rapporteur previously issued his report on the situation of indigenous peoples in Namibia in June 2013. The Special Rapporteur will present the three reports to the UN Human Rights Council in September 2013 along with his annual report, which focuseson extractive industries and indigenous peoples, and his report on cases examined.

See the El Salvador report here. See the Asia Consultation report here.

 
“Broken treaties must become a thing of the past”. UN expert calls for reconciliation with indigenous peoples Print
09 August 2013

jamesanaya-onuGENEVA (9 August 2013) – The United Nations Special Rapporteur on the rights of indigenous peoples, James Anaya, today urged Governments worldwide to respect all agreements -new and old- with indigenous peoples to provide a basis for much needed reconciliation and overcome all obstacles to the full realization of indigenous peoples’ rights. “Full respect for treaties, agreements and other constructive arrangements is a crucial element in advancing toward reconciliation with indigenous peoples,” the expert said on International Day of the World’s Indigenous Peoples

With respect to new treaties and agreements being developed, including in relation to extractive industries operating in or near indigenous lands, the UN expert underscored that these should be consistent with international standards concerning the rights of indigenous peoples, both in relation to indigenous participation in these processes as well as in terms of substantive outcomes. “In no instance should new treaties or agreements fall below or undermine the standards set forth in the Declaration on the Rights of Indigenous Peoples or established in other international sources,” he said. “Broken treaties must become a thing of the past,” he stressed.

See full press release here

 
Special Rapporteur issues report on extractive industries and indigenous peoples Print
06 August 2013

hrc-genevaThe annual thematic report of the Special Rapporteur on the rights of indigenous peoples, which he will present to the Human Rights Council in September 2013,addresses issues related to extractive industries and implications that they have for the rights of indigenous peoples. In the report, the Special Rapporteur systematically sets forth a series of observations and recommendations regarding models of natural resource development, the obligations of States, the responsibilities of companies, consultation processes, and the principle of free, prior and informed consent to protect the rights of indigenous peoples, within the context of challenges posed by extractive industries on a global scale. These observations and recommendations build upon the Special Rapporteur'sprevious reports and draw on information gathered through country visits, seminars, written submission from various sources and independent research.

The Special Rapporteur invites indigenous peoples, governments, companies, and NGOs to an open dialogue on the report anditsrecommendations. To this end, the Special Rapporteur will conduct an on-line seminar on his website within the coming weeks and engage in an inter-active dialogue with interested parties in Geneva in September in connection with his presentation of the report to the Human Rights Council.

See the complete report here


 
Panama: UN expert calls for recognition of indigenous peoples’ rights Print
26 July 2013

anaya-panamaThe United Nations Special Rapporteur on the Rights of Indigenous Peoples, James Anaya, concluded his official visit to Panama today. In his final statement upon concluding the mission, Mr. Anaya stated that indigenous peoples of the country are calling for greater recognition and protection of their territories and natural resources. During his visit, the Special Rapporteur also heard indigenous peoples throughout the country express concerns regarding a lack of respect and deference by State authorities towards decisions by indigenous authorities.

Mr. Anaya noted that "...it is necessary to consolidate and implement State public policies in favor of the rights of indigenous peoples in a manner that is coherent with international standards." The Special Rapporteur also stated that "... an important advancement for the recognition of the rights of indigenous peoples would be the ratification of International Labour Organization Convention No. 169 concerning Indigenous and Tribal Peoples in Independent Countries. Panama is one of the few countries in Latin America that has not yet ratified the Convention. Convention No. 169 is an instrument that compliments the United Nations Declaration on the Rights of Indigenous Peoples, which was adopted in 2007 by the United Nations General Assembly with an affirmative vote by Panama."

See the full end-of-mission statement by the Special Rapporteur here (Spanish).

See media coverage

Tags: Panama
 


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