Extractive industries and indigenous peoples 2013, para. 25

Paragraph
Paragraph text
Finally, States should not insist, or allow companies to insist, that indigenous peoples engage in consultations about proposed extractive projects to which they have clearly expressed opposition. As is now well understood, States have the obligation to consult with indigenous peoples about decisions that affect them, including decisions about extractive projects. In complying with this obligation States are required to make available to indigenous peoples adequate consultation procedures that comply with international standards and to reasonably encourage indigenous peoples to engage in the procedures. (See paras. 58-71 below). In the view of the Special Rapporteur, however, when States make such efforts to consult about projects and, for their part, the indigenous peoples concerned unambiguously oppose the proposed projects and decline to engage in consultations, as has happened in several countries, the States' obligation to consult is discharged. In such cases, neither States nor companies need or should insist on consultations, while, at the same time, they must understand that the situation is one in which indigenous peoples have affirmatively withheld their consent. The question then becomes what consequences for decisions about the project follow from the indigenous opposition and withholding of 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)
  • Economic Rights
  • Environment
  • Equality & Inclusion
  • Governance & Rule of Law
Person(s) affected
  • Ethnic minorities
Year
2013
Paragraph type
Other
Reference
SR Indigenous Peoples, Report to the HRC (2013), A/HRC/24/41, para. 25.
Paragraph number
25