Analysis of the impacts of international investment agreements on the rights of indigenous peoples 2016, para. 37
Paragraph- Paragraph text
- International investment agreements that have facilitated and protected investments in indigenous territories are often accompanied by the deployment of military and private security services. The effects of this are a major concern in many jurisdictions, in particular those with histories of low-intensity conflict. As a result, under international human rights law, and as reflected in article 30 of the United Nations Declaration on the Rights of Indigenous Peoples, military activities should not take place in the lands or territories of indigenous peoples, unless justified by a relevant public interest or otherwise freely agreed to or requested by the indigenous peoples concerned. However, such security presences are effectively mandated under certain existing interpretations of the provisions of such agreements on full protection and security, leading to a direct conflict between international investment law and international human rights law.
- 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
- Governance & Rule of Law
- Humanitarian
- Person(s) affected
- Ethnic minorities
- Year
- 2016
- Paragraph type
- Other
- Reference
- SR Indigenous Peoples, Report to the HRC (2016), A/HRC/33/42, para. 37.
- Paragraph focus
- Impacts of international investment agreements and investor-State dispute settlements
- Paragraph number
- 37
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