Rights of indigenous peoples on the impact of international investment and free trade on the human rights of indigenous peoples 2015, para. 42
Paragraph
Paragraph text
International investment agreements also have the potential to negatively affect the realization of a number of the economic and social rights of indigenous peoples. The costs borne by States in defending themselves in investor-State dispute settlement cases and in paying awards when defeated can be extremely high. That diverts public resources, which could limit the ability of States to invest in the realization of economic and social rights. International investment agreements can also drive and maintain the practice of privatizing public services and goods, including health care and water. For example, expropriation and fair and equal treatment clauses could make it prohibitively expensive for Governments to revoke private contracts for the provision of public health services. Given the private sector's poor track record of catering to the needs of the most marginalized and vulnerable, demonstrated, for example, by the privatization of water, the impact on the economic and social rights of indigenous peoples is significant.
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
Health
Person(s) affected
Ethnic minorities
Year
2015
Paragraph type
Other
Reference
SR Indigenous Peoples, Report to the UNGA (2015), A/70/301, para. 42.