Overview of the activities carried during the first three-year term of the mandate 2011, para. 83
Paragraph
Paragraph text
The character of the consultation procedure and its object are also shaped by the nature of the right or interest at stake for the indigenous peoples concerned and the anticipated impact of the proposed measure. Necessarily, the strength of the objective of achieving consent varies according to the circumstances, the indigenous peoples' rights and the interests involved. A significant, direct impact on indigenous peoples' lives establishes a strong presumption that the proposed measure should not go forward without indigenous peoples' consent. In certain contexts, that presumption may harden into a prohibition of the measure or project in the absence of indigenous consent.
Legal status
Non-negotiated soft law
Body
Special Rapporteur on the rights of indigenous peoples
Document type
Special Procedures' report
Means of adoption
N.A.
Topic(s)
Civil & Political Rights
Governance & Rule of Law
Social & Cultural Rights
Person(s) affected
Ethnic minorities
Year
2011
Paragraph type
Other
Reference
SR Indigenous Peoples, Report to the UNGA (2011), A/66/288, para. 83.