UNITED NATIONS A General Assembly Distr. GENERAL A/HRC/6/15/Add.1 20 November 2007 ENGLISH/FRENCH/SPANISH HUMAN RIGHTS COUNCIL Sixth session Item 3 of the agenda PROMOTION AND PROTECTION OF ALL HUMAN RIGHTS, CIVIL, POLITICAL, ECONOMIC, SOCIAL AND CULTURAL RIGHTS, INCLUDING THE RIGHT TO DEVELOPMENT Report of the Special Rapporteur on the situation of human rights and fundamental freedoms of indigenous people, Rodolfo Stavenhagen ADDENDUM Summary of cases transmitted to Governments and replies received* * This addendum is being circulated in the language of submission only, as it greatly exceeds the word limitations currently imposed by the relevant General Assembly resolutions. GE.07-14942 (E) 061207 A/HRC/6/15/Add.1 page 2 CONTENTS Paragraphs Page Introduction .................................................................................................... 1 - 10 4 I. SUMMARY OF CASES TRANSMITTED AND REPLIES RECEIVED .......................................................................................... 11 - 381 5 Argentina .............................................................................................. 11 - 24 5 Bangladesh ........................................................................................... 25 - 64 8 Brazil .................................................................................................... 65 - 104 14 Cambodia ............................................................................................. 105 - 118 22 Cameroon ............................................................................................. 119 - 139 24 Chile ..................................................................................................... 140 - 171 28 Colombia .............................................................................................. 172 - 246 34 France ................................................................................................... 247 - 255 47 India ..................................................................................................... 256 - 264 49 Israel ..................................................................................................... 265 - 293 50 Morocco ............................................................................................... 294 - 301 55 Mexico .................................................................................................. 302 - 331 57 Paraguay ............................................................................................... 332 - 342 62 Peru ..................................................................................................... 343 - 358 65 United Republic of Tanzania ................................................................ 359 - 375 67 II. OTHER COMMUNICATIONS AND INFORMATION RECEIVED .......................................................................................... 376 - 394 70 A/HRC/6/15/Add.1 page 3 CONTENTS (continued) Page Annexes Table 1: Type of communications sent (including joint communications) ................... 74 Table 2: Communications per country ........................................................................... 74 Table 3: Communications per region ............................................................................. 75 Table 4: Communications sent jointly with other mandate-holders .............................. 75 Table 5: Cooperation with other mandate-holders per mandate .................................... 76 A/HRC/6/15/Add.1 page 4 Introduction 1. As originally set out by Commission on Human Rights resolution 2001/57 and confirmed by Human Rights Council resolution 6/12, which renewed the mandate of the Special Rapporteur on the situation of human rights and fundamental freedoms of indigenous people, the Special Rapporteur is requested to “gather, request, receive and exchange information and communications from all relevant sources, including Governments, indigenous people and their communities and organizations, on alleged violations of their human rights and fundamental freedoms” (para. 1 (b)). 2. Since the Special Rapporteur submitted his last report to the Human Rights Council, and acting in accordance with the above resolutions, he has continued sending communications to Governments and to other actors when information on alleged violations of the human rights of indigenous peoples has been received. This information has been brought to his attention by individuals, non-governmental organizations, including indigenous organizations, intergovernmental organizations and other United Nations procedures concerned with the protection of human rights. 3. The communications sent by the Special Rapporteur take the form of letters of allegation or of urgent appeals (see annex, table 1). The Code of Conduct for Special Procedures Mandate-Holders for the Human Rights Council, adopted by the Council during its fifth session in resolution 5/2, indicates that urgent appeals are cases in which “the alleged violations are time-sensitive in terms of involving loss of life, life-threatening situations or either imminent or ongoing damage of a very grave nature to victims that cannot be addressed in a timely manner” by the normal channel of communication of letters of allegation. 4. This addendum to the report of the Special Rapporteur contains information on the communications sent to Governments from 1 January to 2 September 2007 and the responses received until 19 October 2007. During this period, the Special Rapporteur received 10 replies to communications sent in 2006. The original communications, which were reproduced in the Special Rapporteur’s report to the fourth session of the Council on communications (A/HRC/4/32/Add.1), are also summarized here. 5. Since the establishment of his mandate in 2001, the Special Rapporteur has worked continuously, together with the Office of the United Nations High Commissioner for Human Rights, to better publicize his mandate and raise awareness of it among the communities concerned. In 2007, as in previous years, there has been a marked increase in the cases reported to the Special Rapporteur. However, as in previous years, it should be emphasized that the communications presented in this document in no way reflect the full extent of the serious obstacles that indigenous peoples face all over the world in the effective enjoyment of their human rights. 6. During the period under review, the Special Rapporteur sent 26 communications. These communications were sent to 13 countries (see annex, table 2). The majority of communications were sent to Latin American and Caribbean countries (17), followed by Asian-Pacific countries (6). Two communications were sent to the African continent, and one to the Middle East region (see annex, table 3). Thirteen of these communications did not receive a response. A/HRC/6/15/Add.1 page 5 7. Out of a total of 26 communications, 25 were sent jointly with other mandate-holders from United Nations bodies concerned with the protection and the promotion of human rights (see annex, table 4). A detailed analysis of the communications sent with other mandate-holders is also included (see annex, table 5). 8. The information received shows that, as restated in the Special Rapporteur’s report to the Human Rights Council (A/HRC/6/15, paras. 8-9), an implementation gap continues to affect indigenous peoples’ enjoyment of all their human rights, civil, political, economic, social and cultural. However, as also noted in the action of other special procedures of the Human Rights Council, this gap continues to widen in the socio-economic realm, where there is a growing distance between the objectives of government policies and indigenous peoples’ actual conditions of life. Special concern continues to be raised about the unremitting loss of indigenous peoples’ traditional lands, territories and natural resources (see the Special Rapporteur’s report to the fourth session of the Human Rights Council, A/HRC/4/32, paras. 14-24). This phenomenon, which can be identified in all parts of the world, has a direct impact on the enjoyment by these peoples of basic human rights such as the right to food, to health and to adequate housing. 9. The loss of indigenous peoples’ traditional land and resource base is a key factor in triggering the cycle of protest, violence and repression by State authorities and other groups (ibid., paras. 53-57). Several communications included in this addendum to the Special Rapporteur’s report refer to cases of threats being made, torture, arbitrary detentions, and summary or extrajudicial executions of indigenous leaders, traditional authorities and other members of indigenous communities and peoples involved in the defence of their human rights. Indigenous leaders and activists continue to face the consequences of the criminalization of social protest by State authorities, involving in some cases the application of anti-terrorist laws and other special criminal legislation. 10. The following pages present the summaries of allegation letters and urgent appeals sent to Governments, of the replies received, and, when applicable, of follow-up communications, on a country-by-country basis. The Special Rapporteur made observations where appropriate. I. SUMMARY OF CASES TRANSMITTED AND REPLIES RECEIVED Argentina Llamamiento urgente en relación con las comunidades diaguitas 11. El 27 de marzo de 2007, el Relator Especial, junto con el Relator Especial sobre el derecho a la alimentación y el Relator Especial