Violence against indigenous women and girls; rights of indigenous peoples in relation to extractive industries 2012, para. 65
Paragraph- Paragraph text
- As established by the Inter-American Court of Human Rights, consistent with the United Nations Declaration on the Rights of Indigenous peoples and other sources, where the rights implicated are essential to the survival of indigenous groups as distinct peoples and the foreseen impacts on the exercise of the rights are significant, indigenous consent to the impacts is required, beyond simply being an objective of consultations. It is generally understood that indigenous peoples' rights over lands and resources in accordance with customary tenure are necessary to their survival. Accordingly, indigenous consent is presumptively a requirement for those aspects of any extractive operation that takes place within the officially recognized or customary land use areas of indigenous peoples, or that has a direct bearing on areas of cultural significance, in particular sacred places, or on natural resources that are traditionally used by indigenous peoples in ways that are important to their survival. Even if consent is not strictly required, other safeguards apply and any impact that imposes a restriction on indigenous rights must, at a minimum, comply with standards of necessity and proportionality with regard to a valid public purpose, as generally required by international human rights law when restrictions on human rights are permissible.
- 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)
- Environment
- Social & Cultural Rights
- Person(s) affected
- Ethnic minorities
- Year
- 2012
- Paragraph type
- Other
- Reference
- SR Indigenous Peoples, Report to the HRC (2012), A/HRC/21/47, para. 65.
- Paragraph number
- 65
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