CONSEJO INTERNACIONAL DE TRATADOS INDIOS

                                     April 26, 2001: For Immediate Distribution

On April 24, 2001, the 57th Session of the United Nations Commission on Human Rights passed by consensus a resolution to appoint a Special Rapporteur on the Situation of Human Rights and Fundamental Freedoms of Indigenous People.

This represents another historic achievement for the world's Indigenous Peoples working
in the international arena.  The resolution was adopted by consensus by the 53 members of the 57th Commission on Human Rights, held in Geneva, Switzerland.  
 

The resolution (E/CN.4/2001/L.63) "Human rights and Indigenous issues" took into account the absence of a mechanism of the Commission on Human Rights with a specific mandate to protect and monitor the human rights and fundamental freedoms of Indigenous Peoples.

It called on the Special Rapporteur, who will be appointed by the President of the Commission after a process of consultations, to include the functions of gathering and exchanging information and communications from all relevant sources and formulating recommendations and proposals to prevent and remedy violations of such human rights and fundamental freedoms, and in particular to pay special attention to violations of the rights of Indigenous Children. 

The Special Rapporteur is also requested to submit annual reports on her/his activities to the Commission, beginning at its fifty-eighth session in 2002.

Sponsorship for the resolution was initiated by the Mexican and Guatemalan governments at last year's session of the Commission.  The effort was tabled and re-scheduled to be taken up again during the current 57^th session.  One reason for the Commission resolution was to fill the vacuum that existed due to the lack of effective mechanisms for the prevention of violations of the rights of Indigenous Peoples.  

Another major concern in the promotion of the resolution by IITC and other Indigenous organizations was the collective marginalization and discrimination against Indigenous Peoples which persists with impunity.  The slow progress of the Draft Declaration on the Rights of Indigenous Peoples within the UN system due to the resistance of a handful of states that continue to obstruct its swift adoption also necessitates an additional mechanism to address and protect Indigenous Peoples rights that would be put in place without delay.
 

There were concerns voiced by some States that this initiative would duplicate or diminish the mandates and role of the UN Working Group on Indigenous Populations (WGIP) and the newly created but yet untried Permanent Forum for Indigenous Issues.  However, the International Indian Treaty Council (IITC) sees a significant distinction between the mandates of these important bodies and that of the new Special Rapporteur, which includes the capacity for immediate response to violations and site visits to countries to investigate critical situations.  

The IITC firmly believes that the Special Rapporteur on Human Rights and Indigenous issues will in fact compliment and strengthen the work of these other two mechanisms, as they will be able to refer relevant matters to each other and provide a wider range of options to more effectively address the wide range of concerns and threats to the rights of survival of Indigenous Peoples worldwide.  

The IITC encourages the Chairperson of the Commission to consider the appointment of a Rapporteur who is thoroughly knowledgeable about the UN system and its specialized agencies, understanding of the cultures and traditional way of life of Indigenous Peoples, and with a willingness to consult fully with Indigenous Peoples in carrying out his or her mandate.  In addition to the critical matter of the Rapporteur's appointment, details of the mandate of the Special Rapporteur and the Rapporteur's relationship to the Permanent Forum on Indigenous Issues as well as other related bodies still remain to be addressed.