Extractive industries operating within or near indigenous territories 2011, para. 63
Paragraph- Paragraph text
- As noted above, several responses, particularly those received from business actors, pointed out that Governments tend to detach from the implementation of consultation procedures and other procedural safeguards for indigenous peoples rights in the context of extractive operations and act as mere regulators. The delegation of the State's protective role to business enterprises was repeatedly pointed out as a matter of concern, particularly with when there are insufficient or non-existent State regulatory frameworks regarding indigenous rights, including in relation to the protection of lands and resources, consultation and benefit-sharing schemes. The lack of clarity or consensus about the role of the State in protecting the rights of indigenous peoples in this context compounds the uncertainties arising from the differing views about the scope and content of those rights.
- 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)
- Economic Rights
- Environment
- Governance & Rule of Law
- Social & Cultural Rights
- Person(s) affected
- Ethnic minorities
- Year
- 2011
- Paragraph type
- Other
- Reference
- SR Indigenous Peoples, Report to the HRC (2011), A/HRC/18/35, para. 63.
- Paragraph number
- 63
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