Search Tips
sorted by
300 shown of 1581 entities
Implementation of the United Nations Declaration on the Rights of Indigenous Peoples and the work of the Special Rapporteur on the rights of indigenous peoples 2017, para. 50
- Paragraph text
- Finally, independent national human rights institutions have a critical role to play with regard to promoting and monitoring national laws and policies, their harmonization with international human rights standards, including the Declaration, and State compliance. Some independent national human rights institutions have incorporated indigenous members, or sections on indigenous issues, have developed good monitoring practices, and have promoted dialogue on the rights of indigenous peoples in their countries. Countries where independent national human rights institutions have promoted the rights of indigenous peoples include Colombia, Guatemala, Peru, Australia, Indonesia, Malaysia, Nepal, New Zealand, the Philippines, Kenya, Namibia and the United Republic of Tanzania.
- Body
- Special Rapporteur on the rights of indigenous peoples
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Social & Cultural Rights
- Person(s) affected
- Ethnic minorities
- Year
- 2017
Paragraph
Implementation of the United Nations Declaration on the Rights of Indigenous Peoples and the work of the Special Rapporteur on the rights of indigenous peoples 2017, para. 52
- Paragraph text
- The Declaration contains a set of collective rights that are fundamental for the survival of indigenous peoples as distinct peoples, as underlined by international, regional and national law and jurisprudence. These are their right to self-determination and the related rights over their lands, territories and natural resources, on which the enjoyment of the whole panoply of their human rights depends. The Declaration states the “urgent need” to respect and promote the inherent rights of indigenous peoples, “especially their rights to their lands, territories and resources”. Therefore, it is a serious concern that the most common complaints brought to the attention of the Special Rapporteur are precisely violations of indigenous peoples’ collective rights to their lands, territories and resources.
- Body
- Special Rapporteur on the rights of indigenous peoples
- Document type
- Special Procedures' report
- Topic(s)
- Civil & Political Rights
- Environment
- Governance & Rule of Law
- Social & Cultural Rights
- Person(s) affected
- Ethnic minorities
- Year
- 2017
Paragraph
Implementation of the United Nations Declaration on the Rights of Indigenous Peoples and the work of the Special Rapporteur on the rights of indigenous peoples 2017, para. 53
- Paragraph text
- As already mentioned, several countries have developed legal instruments and administrative and other measures to recognize indigenous rights to land and resources, including processes of land demarcation, title-clearing, dispute settlement, and others. Yet, even in those countries, implementation of legislation and policies is inadequate and indigenous peoples continue to be dispossessed of their traditional lands and resources and forcibly displaced, including by State-sponsored infrastructure, agribusiness, extractive projects and conservation measures. The consequences of such violations on indigenous peoples, as observed by the mandate holder in a wide range of countries across the world, continue to result in the expropriation of land, forced evictions, and the denial of self-governance, as well as discrimination against traditional livelihoods and loss of culture and spiritual sites.
- Body
- Special Rapporteur on the rights of indigenous peoples
- Document type
- Special Procedures' report
- Topic(s)
- Environment
- Social & Cultural Rights
- Person(s) affected
- Ethnic minorities
- Persons on the move
- Year
- 2017
Paragraph
Implementation of the United Nations Declaration on the Rights of Indigenous Peoples and the work of the Special Rapporteur on the rights of indigenous peoples 2017, para. 14
- Original document
- Paragraph text
- Human rights treaty bodies have specifically addressed the need for special measures when referring to indigenous peoples within the context of monitoring compliance with their respective human rights treaties. The Committee on the Elimination of Racial Discrimination has noted that “the situation of indigenous peoples has always been a matter of close attention and concern. In this respect, the Committee has consistently affirmed that discrimination against indigenous peoples falls under the scope of the Convention and that all appropriate means must be taken to combat and eliminate such discrimination.” It has furthermore noted that “States parties should ensure that special measures are designed and implemented on the basis of prior consultation with affected communities and the active participation of such communities”.
- Body
- Special Rapporteur on the rights of indigenous peoples
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Person(s) affected
- Ethnic minorities
- Year
- 2017
Paragraph
Implementation of the United Nations Declaration on the Rights of Indigenous Peoples and the work of the Special Rapporteur on the rights of indigenous peoples 2017, para. 63
- Paragraph text
- Over the past decade, the mandate holder has received many complaints and requests for technical support regarding the implementation of the State duty to consult and obtain the free, prior and informed consent of indigenous peoples before the adoption of legal, administrative and policy measures that affect them. Commonly, the complaints received are related to the lack of effective implementation of the rights to consultation and consent in the context of plans for natural resource development and investment projects affecting indigenous peoples’ lands and resources.
- Body
- Special Rapporteur on the rights of indigenous peoples
- Document type
- Special Procedures' report
- Topic(s)
- Civil & Political Rights
- Environment
- Person(s) affected
- Ethnic minorities
- Year
- 2017
Paragraph
Implementation of the United Nations Declaration on the Rights of Indigenous Peoples and the work of the Special Rapporteur on the rights of indigenous peoples 2017, para. 64
- Paragraph text
- In response, the mandate holder has provided detailed comments and recommendations to help to clarify and implement these standards in general and specific cases, including on “consultation on consultation” processes to decide on the measures that could be best suited to ensuring respect for fundamental rights in accordance with international human rights standards, particularly the Declaration. Advice has been provided through participation in meetings and seminars, communications, visits and reports, including on legal standards applicable to projects and activities that affect indigenous peoples’ lands, territories and resources.
- Body
- Special Rapporteur on the rights of indigenous peoples
- Document type
- Special Procedures' report
- Topic(s)
- Civil & Political Rights
- Governance & Rule of Law
- Social & Cultural Rights
- Person(s) affected
- Ethnic minorities
- Year
- 2017
Paragraph
Implementation of the United Nations Declaration on the Rights of Indigenous Peoples and the work of the Special Rapporteur on the rights of indigenous peoples 2017, para. 67
- Paragraph text
- A positive development is that in the context of the universal periodic review the Declaration has been referred to as an instrument to measure how Governments adhere to international human rights standards.
- Body
- Special Rapporteur on the rights of indigenous peoples
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Person(s) affected
- All
- N.A.
- Year
- 2017
Paragraph
Implementation of the United Nations Declaration on the Rights of Indigenous Peoples and the work of the Special Rapporteur on the rights of indigenous peoples 2017, para. 68
- Paragraph text
- Further participation and involvement of indigenous peoples in the work of these bodies and procedures would help to increase awareness of the Declaration.
- Body
- Special Rapporteur on the rights of indigenous peoples
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Person(s) affected
- Ethnic minorities
- Year
- 2017
Paragraph
Implementation of the United Nations Declaration on the Rights of Indigenous Peoples and the work of the Special Rapporteur on the rights of indigenous peoples 2017, para. 21
- Original document
- Paragraph text
- The Expert Mechanism on the Rights of Indigenous Peoples of the Human Rights Council undertook a survey of implementation through questionnaires addressed to Member States and indigenous peoples in 2014. In the report summarizing their replies on best practices regarding measures and implementation strategies to attain the goals of the Declaration it is pointed out that the information provided only allowed for a limited assessment of its implementation.
- Body
- Special Rapporteur on the rights of indigenous peoples
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Governance & Rule of Law
- Person(s) affected
- Ethnic minorities
- Year
- 2017
Paragraph
Implementation of the United Nations Declaration on the Rights of Indigenous Peoples and the work of the Special Rapporteur on the rights of indigenous peoples 2017, para. 10
- Original document
- Paragraph text
- The preamble to the Declaration underlines fundamental aims and principles which should guide its interpretation and implementation: the need to overcome and repair the historical denial of the fundamental human rights of indigenous peoples, and the affirmation of the equality of indigenous peoples and individuals to all other peoples and individuals, paired with their right to be different. The Declaration itself can be considered a remedial tool.
- Body
- Special Rapporteur on the rights of indigenous peoples
- Document type
- Special Procedures' report
- Topic(s)
- Civil & Political Rights
- Equality & Inclusion
- Governance & Rule of Law
- Social & Cultural Rights
- Person(s) affected
- Ethnic minorities
- Year
- 2017
Paragraph
Implementation of the United Nations Declaration on the Rights of Indigenous Peoples and the work of the Special Rapporteur on the rights of indigenous peoples 2017, para. 15
- Original document
- Paragraph text
- Challenges remain regarding the interpretation of the content of the rights enshrined in the Declaration. Differences in interpretation continue to exist especially in relation to rights to lands and resources; the application of the duty of States to consult with and seek the free, prior and informed consent of indigenous peoples in matters that affect them; and the harmonization of State and customary indigenous governance and justice systems.
- Body
- Special Rapporteur on the rights of indigenous peoples
- Document type
- Special Procedures' report
- Topic(s)
- Civil & Political Rights
- Environment
- Governance & Rule of Law
- Social & Cultural Rights
- Person(s) affected
- Ethnic minorities
- Year
- 2017
Paragraph
Implementation of the United Nations Declaration on the Rights of Indigenous Peoples and the work of the Special Rapporteur on the rights of indigenous peoples 2017, para. 28
- Paragraph text
- Discussions on recognition of indigenous peoples and their rights in the Constitution are ongoing and at the federal level in Australia, Chile and Guatemala. In February 2017, the Special Rapporteur together with other special procedures mandate holders wrote to the Government of Guatemala urging it, in the context of the ongoing parliamentary debate, to support amendments to the Constitution which would recognize the indigenous justice system.
- Body
- Special Rapporteur on the rights of indigenous peoples
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Social & Cultural Rights
- Person(s) affected
- Ethnic minorities
- Year
- 2017
Paragraph
Implementation of the United Nations Declaration on the Rights of Indigenous Peoples and the work of the Special Rapporteur on the rights of indigenous peoples 2017, para. 29
- Paragraph text
- Within the Commonwealth of Australia, each of the six States already have Constitutions that recognize Aboriginal peoples and the Queensland Constitution specifically recognizes Torres Strait Islander peoples as well. The Constitution of Mexico City, adopted in February 2017, refers to the rights of indigenous peoples within an urban setting, explicitly mentions the Declaration and adopts it as its legal framework.
- Body
- Special Rapporteur on the rights of indigenous peoples
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Social & Cultural Rights
- Person(s) affected
- Ethnic minorities
- Year
- 2017
Paragraph
Implementation of the United Nations Declaration on the Rights of Indigenous Peoples and the work of the Special Rapporteur on the rights of indigenous peoples 2017, para. 12
- Original document
- Paragraph text
- Furthermore, the Declaration is an instrument aimed at ending the pervasive racism and discrimination still suffered by indigenous peoples in the enjoyment of their human rights. Racism and discrimination are prevalent mindsets and attitudes that prevent the establishment of equal relationships between indigenous peoples and States, and with the society at large.
- Body
- Special Rapporteur on the rights of indigenous peoples
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Governance & Rule of Law
- Social & Cultural Rights
- Person(s) affected
- Ethnic minorities
- Year
- 2017
Paragraph
Implementation of the United Nations Declaration on the Rights of Indigenous Peoples and the work of the Special Rapporteur on the rights of indigenous peoples 2017, para. 6
- Original document
- Paragraph text
- On 22 and 23 September 2014, United Nations Member States held a high-level plenary meeting of the General Assembly known as the World Conference on Indigenous Peoples, to share perspectives and best practices on the realization of the rights of indigenous peoples, including to pursue the objectives of the Declaration. The conclusions of the meeting, reflected in its outcome document, reiterate the commitment of the United Nations system and its Member States towards achieving the ends of the Declaration.
- Body
- Special Rapporteur on the rights of indigenous peoples
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Governance & Rule of Law
- Social & Cultural Rights
- Person(s) affected
- Ethnic minorities
- Year
- 2017
Paragraph
Implementation of the United Nations Declaration on the Rights of Indigenous Peoples and the work of the Special Rapporteur on the rights of indigenous peoples 2017, para. 49
- Paragraph text
- In other countries, indigenous peoples are developing their own proposals of autonomy in accordance with the Declaration, such as the Autonomous Territorial Government of the Wampis Nation in Peru. In Bolivia, the first autonomous local government took office in the province of Charagua in January 2017. In addition, new institutions have been created, such as the Sami Parliaments in the Nordic countries, the National Congress of Australia’s First Peoples, and numerous indigenous representative organizations. Nevertheless, challenges still remain for the recognition of indigenous peoples’ own institutions and organizations in many countries, including restrictive legalisation and registration processes.
- Body
- Special Rapporteur on the rights of indigenous peoples
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Social & Cultural Rights
- Person(s) affected
- Ethnic minorities
- Year
- 2017
Paragraph
Implementation of the United Nations Declaration on the Rights of Indigenous Peoples and the work of the Special Rapporteur on the rights of indigenous peoples 2017, para. 56
- Paragraph text
- The mandate holder has provided numerous recommendations in country reports and in communications on measures and actions to be adopted to realize indigenous peoples’ land and resources rights. These include the development of an adequate legal framework in accordance with international human rights standards; the establishment of accessible, prompt and effective procedures to process land titles; the review of laws on expropriation; adequate mechanisms to resolve land disputes; ensuring effective protection from encroachment, including through early warning systems; and the prohibition of forced evictions. National and regional human rights courts have elaborated jurisprudence that provides a solid basis on the ways to realize indigenous peoples’ rights to their lands and resources, including appropriate remedies when those rights have been violated. The lack of compliance with such court decisions remains a concern.
- Body
- Special Rapporteur on the rights of indigenous peoples
- Document type
- Special Procedures' report
- Topic(s)
- Civil & Political Rights
- Environment
- Governance & Rule of Law
- Social & Cultural Rights
- Person(s) affected
- Ethnic minorities
- Year
- 2017
Paragraph
Implementation of the United Nations Declaration on the Rights of Indigenous Peoples and the work of the Special Rapporteur on the rights of indigenous peoples 2017, para. 59
- Paragraph text
- Without consideration of these potential barriers, indigenous peoples face violations of due process when they do not understand legal procedures and when courts are inaccessible. Persistent racism, including in the judicial system, is clearly an obstacle to obtaining justice. This is undoubtedly a factor in the concerning overrepresentation of indigenous persons, including women and young people, in jail. Aggressive litigation, particularly by private parties who seek access to indigenous lands and resources, can be used as a way to hinder effective justice or remedy.
- Body
- Special Rapporteur on the rights of indigenous peoples
- Document type
- Special Procedures' report
- Topic(s)
- Civil & Political Rights
- Equality & Inclusion
- Governance & Rule of Law
- Person(s) affected
- Ethnic minorities
- Women
- Youth
- Year
- 2017
Paragraph
Implementation of the United Nations Declaration on the Rights of Indigenous Peoples and the work of the Special Rapporteur on the rights of indigenous peoples 2017, para. 61
- Paragraph text
- The maintenance of indigenous peoples’ own customary legal institutions and norms is an essential aspect of their right to self-determination. Indigenous jurisdictional functions have been recognized at the national level in several countries. Nevertheless, in spite of increasing recognition of the value of customary law and indigenous justice systems, and certain steps taken towards legal pluralism, implementation of indigenous jurisdiction is still contested. Much more needs to be done in terms of both recognition and harmonization with the national justice systems. An intercultural dialogue and understanding between State and indigenous justice authorities is vital, taking into account indigenous good practices.
- Body
- Special Rapporteur on the rights of indigenous peoples
- Document type
- Special Procedures' report
- Topic(s)
- Civil & Political Rights
- Governance & Rule of Law
- Social & Cultural Rights
- Person(s) affected
- Ethnic minorities
- Year
- 2017
Paragraph
Implementation of the United Nations Declaration on the Rights of Indigenous Peoples and the work of the Special Rapporteur on the rights of indigenous peoples 2017, para. 62
- Paragraph text
- Consultation and free, prior and informed consent are essential safeguards that help to realize the substantive human rights of indigenous peoples. Thus, adequate implementation of the State duty to consult and obtain consent must ensure realization of those fundamental rights. There are different ways in which consultation and consent can be operationalized and this is not just limited to the adoption of specific legislation. In cases when States decide to develop laws to implement this duty, an adequate process has to be established so that indigenous peoples fully participate in the drafting and adoption of such measures. The rights to consultation and consent should not be regarded as stand-alone rights, as these are closely linked to other rights such as the right to self-determination, the right to lands, territories and resources and the right to development.
- Body
- Special Rapporteur on the rights of indigenous peoples
- Document type
- Special Procedures' report
- Topic(s)
- Civil & Political Rights
- Environment
- Governance & Rule of Law
- Social & Cultural Rights
- Person(s) affected
- Ethnic minorities
- Year
- 2017
Paragraph
Implementation of the United Nations Declaration on the Rights of Indigenous Peoples and the work of the Special Rapporteur on the rights of indigenous peoples 2017, para. 51
- Paragraph text
- Notwithstanding the achievements mentioned above in terms of legal, policy and institutional frameworks, there are specific priority areas that present serious challenges for the fulfilment of the aims of the Declaration. This section provides a brief summary of those priority areas in which progress is more urgently needed, including references to guidance provided by the mandate holder to this effect.
- Body
- Special Rapporteur on the rights of indigenous peoples
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Person(s) affected
- N.A.
- Year
- 2017
Paragraph
Implementation of the United Nations Declaration on the Rights of Indigenous Peoples and the work of the Special Rapporteur on the rights of indigenous peoples 2017, para. 35
- Paragraph text
- A positive trend has developed during the past 10 years with the use of the Declaration as a source of law in regional and national courts. Gradually, the Declaration is being incorporated into jurisprudence and cited as an authoritative legal source in the interpretation of the content of indigenous rights. Some Constitutional and Supreme Courts have also explicitly recognized the Declaration in developing jurisprudence at the domestic level.
- Body
- Special Rapporteur on the rights of indigenous peoples
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Social & Cultural Rights
- Person(s) affected
- Ethnic minorities
- Year
- 2017
Paragraph
Implementation of the United Nations Declaration on the Rights of Indigenous Peoples and the work of the Special Rapporteur on the rights of indigenous peoples 2017, para. 73
- Paragraph text
- The Special Rapporteur has also engaged with members of the Board and the secretariat of the Green Climate Fund to encourage them to adopt a safeguard policy which will protect the rights of indigenous peoples in the projects they fund. As a result of this effort and the active advocacy of indigenous peoples, in June 2017 the Green Climate Fund secretariat released a draft indigenous peoples’ policy which is currently the subject of consultations with indigenous peoples.
- Body
- Special Rapporteur on the rights of indigenous peoples
- Document type
- Special Procedures' report
- Topic(s)
- Environment
- Person(s) affected
- Ethnic minorities
- Year
- 2017
Paragraph
Implementation of the United Nations Declaration on the Rights of Indigenous Peoples and the work of the Special Rapporteur on the rights of indigenous peoples 2017, para. 74
- Paragraph text
- The adoption of such policies is a first step that United Nations bodies can take to comply with their obligations set forth in articles 41 and 42 of the Declaration. Of note is that the United Nations bodies, including the Permanent Forum on Indigenous Issues and its secretariat, have developed several capacity-building tools and training modules for the mainstreaming of the Declaration in the work of United Nations agencies, bodies, funds and other entities.
- Body
- Special Rapporteur on the rights of indigenous peoples
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Social & Cultural Rights
- Person(s) affected
- Ethnic minorities
- Year
- 2017
Paragraph
Implementation of the United Nations Declaration on the Rights of Indigenous Peoples and the work of the Special Rapporteur on the rights of indigenous peoples 2017, para. 7
- Original document
- Paragraph text
- In this report, the Special Rapporteur provides some views on the status of implementation of the Declaration, based on the situations observed in country visits, allegations received by the mandate holder, independent research, and exchanges maintained with States, indigenous peoples and others during the past decade. At the end, some recommendations are presented on necessary steps and areas that require special attention to ensure that indigenous peoples enjoy the rights recognized in the Declaration and relevant international human rights instruments. The Special Rapporteur provides examples and references for the work developed by the mandate holder to support this aim.
- Body
- Special Rapporteur on the rights of indigenous peoples
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Person(s) affected
- Ethnic minorities
- Year
- 2017
Paragraph
Implementation of the United Nations Declaration on the Rights of Indigenous Peoples and the work of the Special Rapporteur on the rights of indigenous peoples 2017, para. 11
- Original document
- Paragraph text
- True reconciliation requires affirmative steps to provide remedy and redress for indigenous peoples. As stated in the Declaration, this is required inter alia for the dispossession of their land, territories and resources, for any form of forced assimilation or integration, for taking cultural, intellectual, religious or spiritual property, for the deprivation of their means of subsistence as well as for the development and for the utilization or exploitation of their mineral, water or other resources. An essential approach for redress in these processes is the consideration of the collective nature of the impact of such violations and therefore the incorporation of adequate collective reparation measures. Without definite measures of remedy, reconciliation cannot be achieved.
- Body
- Special Rapporteur on the rights of indigenous peoples
- Document type
- Special Procedures' report
- Topic(s)
- Civil & Political Rights
- Movement
- Social & Cultural Rights
- Person(s) affected
- Ethnic minorities
- Year
- 2017
Paragraph
Implementation of the United Nations Declaration on the Rights of Indigenous Peoples and the work of the Special Rapporteur on the rights of indigenous peoples 2017, para. 13
- Original document
- Paragraph text
- In this regard, the view that the implementation of the rights enshrined in the Declaration amounts to bestowing unjustified privileges on a certain group is a serious concern. This view was held by some States after the adoption of the Declaration and, unfortunately, it has been since reiterated by other actors, including international financial institutions, in the framework of discussions on safeguards to ensure respect for the rights of indigenous peoples. This erroneous interpretation has also been expressed with regard to the special measures required to overcome centuries of racism and discrimination.
- Body
- Special Rapporteur on the rights of indigenous peoples
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Governance & Rule of Law
- Social & Cultural Rights
- Person(s) affected
- Ethnic minorities
- Year
- 2017
Paragraph
Implementation of the United Nations Declaration on the Rights of Indigenous Peoples and the work of the Special Rapporteur on the rights of indigenous peoples 2017, para. 69
- Paragraph text
- Among the gains achieved after the Declaration came into being is the adoption of policies and guidelines on indigenous peoples by several agencies, programmes and funds and other intergovernmental bodies. In 2008, the United Nations Human Settlements Programme (UN-Habitat) adopted its “Policy guide to housing of indigenous peoples in cities”. The United Nations Development Group adopted its “Guidelines on indigenous issues” in 2009, the same year as the International Fund for Agricultural Development adopted its policy of engagement with indigenous peoples. The Food and Agriculture Organization of the United Nations followed suit and adopted its policy on indigenous and tribal peoples in 2010. The United Nations Environment Programme finalized its “Policy guidelines on indigenous peoples” in 2012.
- Body
- Special Rapporteur on the rights of indigenous peoples
- Document type
- Special Procedures' report
- Topic(s)
- Environment
- Governance & Rule of Law
- Social & Cultural Rights
- Person(s) affected
- Ethnic minorities
- Year
- 2017
Paragraph
Implementation of the United Nations Declaration on the Rights of Indigenous Peoples and the work of the Special Rapporteur on the rights of indigenous peoples 2017, para. 78
- Paragraph text
- The International Labour Organization has a particular standing among United Nations agencies with regard to the rights of indigenous peoples, owing to its role in the promotion and implementation of ILO Convention No. 169. The Declaration and ILO Convention No. 169 are complementary international human rights instruments and constitute the minimum human rights standards needed for the dignity, well-being and survival of indigenous peoples. ILO plays an important role, including through technical advice, in the operationalization of the rights of indigenous peoples. Within this context, it is important to recall that, when interpreting human rights standards, a progressive approach is required, so that a human rights instrument can never be used to diminish subsequently recognized standards.
- Body
- Special Rapporteur on the rights of indigenous peoples
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Social & Cultural Rights
- Person(s) affected
- Ethnic minorities
- Year
- 2017
Paragraph
Implementation of the United Nations Declaration on the Rights of Indigenous Peoples and the work of the Special Rapporteur on the rights of indigenous peoples 2017, para. 79
- Paragraph text
- Protection and promotion of human rights, including the rights of indigenous peoples, is a universal responsibility. Since the adoption of the Guiding Principles on Business and Human Rights, there is a better understanding on how the private sector can meet this responsibility. Some policy initiatives have been adopted on the basis of the Declaration although, according to allegations received by the mandate holder, business activities, particularly those related to infrastructure building and extractive industries, are still far from respecting the rights enshrined therein. The role of international financial institutions and private investors in the promotion of the Declaration within their field of work is essential in this regard.
- Body
- Special Rapporteur on the rights of indigenous peoples
- Document type
- Special Procedures' report
- Topic(s)
- Environment
- Governance & Rule of Law
- Person(s) affected
- Ethnic minorities
- Year
- 2017
Paragraph
Implementation of the United Nations Declaration on the Rights of Indigenous Peoples and the work of the Special Rapporteur on the rights of indigenous peoples 2017, para. 80
- Paragraph text
- Development and conservation civil society organizations are also important actors. Their work should adhere to a human rights-based approach, by cooperating with indigenous peoples in achieving the ends of the Declaration and supporting their own self-determined commitments to respect the Declaration. It is positive that already in 2008, the International Union for Conservation of Nature, the key global entity for the adoption of conservation policies on protected areas, explicitly pledged its commitment to implementing the Declaration in conservation work. However, as noted by the current mandate holder in her assessment of how conservation initiatives impact indigenous peoples’ rights, “considerable implementation gaps remain and new threats to human rights-based conservation are emerging”.
- Body
- Special Rapporteur on the rights of indigenous peoples
- Document type
- Special Procedures' report
- Topic(s)
- Environment
- Governance & Rule of Law
- Social & Cultural Rights
- Person(s) affected
- Ethnic minorities
- Year
- 2017
Paragraph
Implementation of the United Nations Declaration on the Rights of Indigenous Peoples and the work of the Special Rapporteur on the rights of indigenous peoples 2017, para. 87
- Paragraph text
- The only way to move forward is by taking actions in good faith. This entails the holding of intercultural dialogues that are inclusive and carried out with full respect for international human rights standards. This is not to say that there has not been any progress. Many of the gains achieved so far have been outlined in the earlier sections of this report. It has to be recognized that most of these gains have been achieved because of the heightened awareness among indigenous peoples of their rights enshrined in the Declaration. They have actively organized themselves and engaged with Governments to push for the implementation of the Declaration. However, these gains do not match the expectations of indigenous peoples in terms of changes that could have taken place through an effective implementation of the Declaration.
- Body
- Special Rapporteur on the rights of indigenous peoples
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Governance & Rule of Law
- Person(s) affected
- Ethnic minorities
- Year
- 2017
Paragraph
Implementation of the United Nations Declaration on the Rights of Indigenous Peoples and the work of the Special Rapporteur on the rights of indigenous peoples 2017, para. 88
- Paragraph text
- The Special Rapporteur wishes to summarize a set of areas to which Member States should pay special attention in the development of the necessary legal, policy and other measures to implement the Declaration. The mandate holder has provided detailed recommendations on actions to be taken in all these areas, as referenced throughout the report, which could be referred to for further guidance. The Special Rapporteur hopes that the implementation of the recommendations offered by the mandate holder during the past decade can provide useful guidance to States and non-State actors.
- Body
- Special Rapporteur on the rights of indigenous peoples
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Person(s) affected
- N.A.
- Year
- 2017
Paragraph
Implementation of the United Nations Declaration on the Rights of Indigenous Peoples and the work of the Special Rapporteur on the rights of indigenous peoples 2017, para. 98c
- Paragraph text
- [The United Nations system has a particular role to play in the implementation of the Declaration. The Special Rapporteur would like to refer to the recommendations offered by the mandate holder in thematic and country reports to this effect, and to the communications and exchanges maintained with different United Nations bodies. Some key areas of work that could be considered are:] Increasing coherence with the United Nations system itself, particularly among United Nations agencies, funds and entities related to development issues, to ensure adoption of a human rights-based approach in all its programmes, projects and activities, including implementation of the Declaration and the Sustainable Development Goals;
- Body
- Special Rapporteur on the rights of indigenous peoples
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Person(s) affected
- N.A.
- Year
- 2017
Paragraph
Implementation of the United Nations Declaration on the Rights of Indigenous Peoples and the work of the Special Rapporteur on the rights of indigenous peoples 2017, para. 98d
- Paragraph text
- [The United Nations system has a particular role to play in the implementation of the Declaration. The Special Rapporteur would like to refer to the recommendations offered by the mandate holder in thematic and country reports to this effect, and to the communications and exchanges maintained with different United Nations bodies. Some key areas of work that could be considered are:] Prioritizing support for indigenous peoples’ own initiatives and providing support for their participation in decision-making in all actions developed by the system at the country level which may affect them;
- Body
- Special Rapporteur on the rights of indigenous peoples
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Person(s) affected
- Ethnic minorities
- Year
- 2017
Paragraph
Implementation of the United Nations Declaration on the Rights of Indigenous Peoples and the work of the Special Rapporteur on the rights of indigenous peoples 2017, para. 98g
- Paragraph text
- [The United Nations system has a particular role to play in the implementation of the Declaration. The Special Rapporteur would like to refer to the recommendations offered by the mandate holder in thematic and country reports to this effect, and to the communications and exchanges maintained with different United Nations bodies. Some key areas of work that could be considered are:] Promoting the Declaration as the minimum human rights standard on the rights of indigenous peoples to be applied within the work of United Nations bodies related to the issue of business and human rights and that of international financial institutions.
- Body
- Special Rapporteur on the rights of indigenous peoples
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Person(s) affected
- Ethnic minorities
- Year
- 2017
Paragraph
Implementation of the United Nations Declaration on the Rights of Indigenous Peoples and the work of the Special Rapporteur on the rights of indigenous peoples 2017, para. 43
- Paragraph text
- While there are some good practices of indigenous-led initiatives supported by States, it remains a serious concern that certain traditional livelihoods and indigenous economic practices are still disregarded and marginalized in many countries, in disregard of article 20 of the Declaration. This is the case with traditional pastoralism in eastern Africa, hunting and gathering, traditional agricultural practices such as shifting cultivation in South-East Asia, small-scale traditional fishing in many coastal areas, or reindeer-herding in the Arctic. Moreover, the contributions of these indigenous livelihoods and economic activities to the general economy are not adequately valuated and taken into account. The right of indigenous peoples to continue practising their traditional livelihoods is often violated in contrast with the protection of the rights and claims of those dominating the national economy.
- Body
- Special Rapporteur on the rights of indigenous peoples
- Document type
- Special Procedures' report
- Topic(s)
- Economic Rights
- Environment
- Social & Cultural Rights
- Person(s) affected
- Ethnic minorities
- Year
- 2017
Paragraph
Implementation of the United Nations Declaration on the Rights of Indigenous Peoples and the work of the Special Rapporteur on the rights of indigenous peoples 2017, para. 44
- Paragraph text
- Many countries have established national institutions devoted to indigenous peoples in order to implement relevant legislation and policies, including in the countries visited by the mandate holder during the past decade. In spite of the commitment by staff, and the constructive and proactive role these institutions could play, many have a low rank among State institutions and are underresourced. Thus, the capacities of these bodies to perform an effective role in the protection and implementation of the fundamental rights of indigenous peoples are severely limited. Some of these institutions incorporate indigenous staff and have developed good participatory mechanisms for indigenous peoples but, in other cases, there is no participation of indigenous peoples at all, or the mechanisms in place to facilitate such participation are not adequate.
- Body
- Special Rapporteur on the rights of indigenous peoples
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Person(s) affected
- Ethnic minorities
- Year
- 2017
Paragraph
Implementation of the United Nations Declaration on the Rights of Indigenous Peoples and the work of the Special Rapporteur on the rights of indigenous peoples 2017, para. 46
- Paragraph text
- Even when special institutions devoted to indigenous peoples exist, lack of adequate coordination and lack of awareness and capacity among State institutions with regard to indigenous issues are common problems cited across countries in terms of enforcing legislation and other measures. The mandate holder has repeatedly recommended that States develop specialized training programmes for government officials as well as members of the legislative branch and the judiciary on the rights of indigenous peoples. Members of the police force, the military and penitentiary staff should also receive training. Indigenous peoples should be involved in designing such programmes and adequate technical and financial resources for these should be provided.
- Body
- Special Rapporteur on the rights of indigenous peoples
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Governance & Rule of Law
- Social & Cultural Rights
- Person(s) affected
- Ethnic minorities
- Year
- 2017
Paragraph
Implementation of the United Nations Declaration on the Rights of Indigenous Peoples and the work of the Special Rapporteur on the rights of indigenous peoples 2017, para. 5
- Original document
- Paragraph text
- The General Assembly adopted the United Nations Declaration on the Rights of Indigenous Peoples on 13 September 2007 (resolution 61/295). The mandate of the Special Rapporteur on the rights of indigenous peoples was extended to include the task of promoting the Declaration within weeks of its adoption in 2007.
- Body
- Special Rapporteur on the rights of indigenous peoples
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Social & Cultural Rights
- Person(s) affected
- Ethnic minorities
- Year
- 2017
Paragraph
Implementation of the United Nations Declaration on the Rights of Indigenous Peoples and the work of the Special Rapporteur on the rights of indigenous peoples 2017, para. 57
- Paragraph text
- Many of the obstacles indigenous peoples face in the recognition of their rights to land and resources are linked to undue delays in the existing procedures and their inability to access justice, particularly when rights of third parties are involved. Access to justice remains elusive for indigenous peoples, both because of the numerous obstacles they face to effectively access the general justice systems and for the lack of adequate recognition of their own customary laws and jurisdiction.
- Body
- Special Rapporteur on the rights of indigenous peoples
- Document type
- Special Procedures' report
- Topic(s)
- Civil & Political Rights
- Governance & Rule of Law
- Social & Cultural Rights
- Person(s) affected
- Ethnic minorities
- Year
- 2017
Paragraph
Implementation of the United Nations Declaration on the Rights of Indigenous Peoples and the work of the Special Rapporteur on the rights of indigenous peoples 2017, para. 58
- Paragraph text
- An important component of the international standard of access to justice applicable to indigenous peoples is the due consideration of their customary norms and governance as well as of the potential barriers they might face due to language and cultural differences, geographical distance and their social and economic situation. Among these obstacles are insufficient resources to hire lawyers, absence of interpretation in their languages during court hearings, and the inaccessibility of courts as these are usually located in urban centres.
- Body
- Special Rapporteur on the rights of indigenous peoples
- Document type
- Special Procedures' report
- Topic(s)
- Civil & Political Rights
- Governance & Rule of Law
- Social & Cultural Rights
- Person(s) affected
- Ethnic minorities
- Year
- 2017
Paragraph
Implementation of the United Nations Declaration on the Rights of Indigenous Peoples and the work of the Special Rapporteur on the rights of indigenous peoples 2017, para. 60
- Paragraph text
- However, encouraging examples of access to justice have been observed by the mandate holder. These include the admission of cultural expert testimonies, the incorporation of indigenous justice operators within the national justice systems, the use of indigenous interpreters, capacity-building of judges and other justice operators, and the incorporation of Aboriginal law and relevant international standards in law schools.
- Body
- Special Rapporteur on the rights of indigenous peoples
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Social & Cultural Rights
- Person(s) affected
- Ethnic minorities
- Year
- 2017
Paragraph
Implementation of the United Nations Declaration on the Rights of Indigenous Peoples and the work of the Special Rapporteur on the rights of indigenous peoples 2017, para. 66
- Paragraph text
- United Nations human rights treaty bodies have referred to the Declaration as an authoritative source on State obligations regarding indigenous peoples’ rights in their assessments of compliance under the various treaties. Observations and recommendations by the human rights treaty bodies provide valuable insight on the implementation of the Declaration in specific contexts and situations.
- Body
- Special Rapporteur on the rights of indigenous peoples
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Social & Cultural Rights
- Person(s) affected
- Ethnic minorities
- Year
- 2017
Paragraph
Implementation of the United Nations Declaration on the Rights of Indigenous Peoples and the work of the Special Rapporteur on the rights of indigenous peoples 2017, para. 85
- Paragraph text
- The Declaration offers a historical opportunity to change the relationship of Member States with indigenous peoples from one of exclusion and marginalization into one of reconciliation, cooperation and respect. The adoption of the Declaration was, by itself, a first step by Member States, to start this new relationship and remedy past injustices and their contemporary consequences.
- Body
- Special Rapporteur on the rights of indigenous peoples
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Governance & Rule of Law
- Social & Cultural Rights
- Person(s) affected
- Ethnic minorities
- Year
- 2017
Paragraph
Implementation of the United Nations Declaration on the Rights of Indigenous Peoples and the work of the Special Rapporteur on the rights of indigenous peoples 2017, para. 93
- Paragraph text
- The recommendation in the outcome document of the World Conference on Indigenous Peoples which urged States to develop national action plans, strategies and measures to achieve the ends of the Declaration should be implemented. This can be done in conjunction with the policies and measures taken to achieve the Sustainable Development Goals for indigenous peoples.
- Body
- Special Rapporteur on the rights of indigenous peoples
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Governance & Rule of Law
- Person(s) affected
- Ethnic minorities
- Year
- 2017
Paragraph
Implementation of the United Nations Declaration on the Rights of Indigenous Peoples and the work of the Special Rapporteur on the rights of indigenous peoples 2017, para. 16
- Original document
- Paragraph text
- In this sense, the work of the mandate holder has sought to clarify standards contained in the Declaration, and other relevant existing human rights instruments, both in general and in specific contexts. For instance, after the adoption of the Guiding Principles on Business and Human Rights, the previous Special Rapporteur analysed how indigenous peoples’ rights should be interpreted and implemented in the context of business activities affecting them, both in relation to State duties and companies’ responsibilities, and developed further in-depth work on the issue focused on the activities of extractive industries. The current Special Rapporteur has provided interpretations of standards in relation to economic, social and cultural rights and sustainable development and to investment agreements, as well as analyses of conservation activities and climate change measures.
- Body
- Special Rapporteur on the rights of indigenous peoples
- Document type
- Special Procedures' report
- Topic(s)
- Economic Rights
- Environment
- Governance & Rule of Law
- Person(s) affected
- Ethnic minorities
- Year
- 2017
Paragraph
Implementation of the United Nations Declaration on the Rights of Indigenous Peoples and the work of the Special Rapporteur on the rights of indigenous peoples 2017, para. 22
- Original document
- Paragraph text
- The effective implementation of the rights of indigenous peoples requires States to develop an ambitious programme of reforms at all levels to remedy past and current injustices. This should involve all the branches of the State, including the executive, legislative and judiciary, and implies a combination of political will, legal reform, technical capacity and financial commitment. Implementation of the Declaration should be measured against compliance with these requirements, and not on the basis of rhetorical claims of commitment or isolated measures. Moreover, implementation of the Declaration cannot happen without the full and effective participation of indigenous peoples at all levels of decision making.
- Body
- Special Rapporteur on the rights of indigenous peoples
- Document type
- Special Procedures' report
- Topic(s)
- Civil & Political Rights
- Governance & Rule of Law
- Person(s) affected
- Ethnic minorities
- Year
- 2017
Paragraph
Implementation of the United Nations Declaration on the Rights of Indigenous Peoples and the work of the Special Rapporteur on the rights of indigenous peoples 2017, para. 26
- Paragraph text
- The legal framework may consist of a combination of constitutional recognition and specific legal instruments devoted to the rights of indigenous peoples in general or on different sectoral issues. In some countries, such as Canada, New Zealand and the United States of America, treaties were signed between indigenous peoples and States which provide a legal basis for domestic recognition of indigenous peoples’ rights. There is an ongoing discussion of the possibility of development of a treaty in Australia. There are also different kinds of agreements between indigenous peoples and the State in certain countries. As stated in the Declaration, treaties, agreements and other arrangements between States and indigenous peoples are the basis for a strengthened partnership between indigenous peoples and States and should be honoured and respected.
- Body
- Special Rapporteur on the rights of indigenous peoples
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Social & Cultural Rights
- Person(s) affected
- Ethnic minorities
- Year
- 2017
Paragraph
Implementation of the United Nations Declaration on the Rights of Indigenous Peoples and the work of the Special Rapporteur on the rights of indigenous peoples 2017, para. 41
- Paragraph text
- There is a continuous need to review policies and align them with the Declaration. The commitment made at the World Conference on Indigenous Peoples by Member States to develop and implement, in cooperation with indigenous peoples, national action plans, strategies and other measures to achieve the ends of the Declaration provides an opportunity to reverse the current situation and develop adequate public policies to comply with this commitment. For some countries, the role of the donor community in this regard is important. Cooperation and aid should explicitly conform to the Declaration as the standard to be applied in the activities supported in relation to indigenous peoples. Several States have developed guidelines and other instruments framing their aid and cooperation activities within the Declaration, such as Australia, Denmark, Germany, Spain and Switzerland.
- Body
- Special Rapporteur on the rights of indigenous peoples
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Person(s) affected
- Ethnic minorities
- Year
- 2017
Paragraph
Implementation of the United Nations Declaration on the Rights of Indigenous Peoples and the work of the Special Rapporteur on the rights of indigenous peoples 2017, para. 65
- Paragraph text
- As the Declaration points out, the United Nations system has an important and continuing role to play in promoting and protecting the rights of indigenous peoples.
- Body
- Special Rapporteur on the rights of indigenous peoples
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Social & Cultural Rights
- Person(s) affected
- Ethnic minorities
- Year
- 2017
Paragraph
Implementation of the United Nations Declaration on the Rights of Indigenous Peoples and the work of the Special Rapporteur on the rights of indigenous peoples 2017, para. 17
- Original document
- Paragraph text
- The interpretative work of the mandate holder, the growing jurisprudence emanating from United Nations human rights bodies and regional human rights systems, including regional human rights courts, together with an intercultural dialogue between States and indigenous peoples, can significantly assist in strengthening the understanding and implementation of the rights contained in the Declaration.
- Body
- Special Rapporteur on the rights of indigenous peoples
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Social & Cultural Rights
- Person(s) affected
- Ethnic minorities
- Year
- 2017
Paragraph
Implementation of the United Nations Declaration on the Rights of Indigenous Peoples and the work of the Special Rapporteur on the rights of indigenous peoples 2017, para. 18
- Original document
- Paragraph text
- Ten years after its adoption, the legal status and aims of the Declaration are now better understood and accepted by Member States and others. The four countries that voted against the Declaration have now reversed their position, and some of the countries that abstained have also made public statements of support. Moreover, States reaffirmed their commitment to take measures to achieve the ends of the Declaration in consultation and cooperation with indigenous peoples at the World Conference on Indigenous Peoples in 2014.
- Body
- Special Rapporteur on the rights of indigenous peoples
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Social & Cultural Rights
- Person(s) affected
- Ethnic minorities
- Year
- 2017
Paragraph
Implementation of the United Nations Declaration on the Rights of Indigenous Peoples and the work of the Special Rapporteur on the rights of indigenous peoples 2017, para. 47
- Paragraph text
- Another common concern is how the governmental institutions dealing with indigenous peoples are presented as being indigenous peoples’ representative institutions. The mandate holder has stressed the right of indigenous peoples to maintain their own institutional structures and political systems and to participate in decision-making through their own representatives chosen by themselves through their own procedures, as set out in article 18 of the Declaration. Their full and effective participation in the public life of the State should be ensured.
- Body
- Special Rapporteur on the rights of indigenous peoples
- Document type
- Special Procedures' report
- Topic(s)
- Civil & Political Rights
- Equality & Inclusion
- Governance & Rule of Law
- Social & Cultural Rights
- Person(s) affected
- Ethnic minorities
- Year
- 2017
Paragraph
Implementation of the United Nations Declaration on the Rights of Indigenous Peoples and the work of the Special Rapporteur on the rights of indigenous peoples 2017, para. 48
- Paragraph text
- Moreover, the collective right of self-determination may be expressed in different forms of self-governance and autonomy. Very diverse good practices regarding the recognition of indigenous governing institutions can be found in different countries, depending on historical and political factors. In 2009 Denmark adopted the Act on Greenland self-government. Under the preamble, the people of Greenland are recognized as a people under international law with the right to self-determination.
- Body
- Special Rapporteur on the rights of indigenous peoples
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Governance & Rule of Law
- Social & Cultural Rights
- Person(s) affected
- Ethnic minorities
- Year
- 2017
Paragraph
Implementation of the United Nations Declaration on the Rights of Indigenous Peoples and the work of the Special Rapporteur on the rights of indigenous peoples 2017, para. 98b
- Paragraph text
- [The United Nations system has a particular role to play in the implementation of the Declaration. The Special Rapporteur would like to refer to the recommendations offered by the mandate holder in thematic and country reports to this effect, and to the communications and exchanges maintained with different United Nations bodies. Some key areas of work that could be considered are:] Providing technical assistance to States, when requested, which can include awareness-raising and capacity-building, to ensure implementation of the Declaration;
- Body
- Special Rapporteur on the rights of indigenous peoples
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Person(s) affected
- N.A.
- Year
- 2017
Paragraph
Implementation of the United Nations Declaration on the Rights of Indigenous Peoples and the work of the Special Rapporteur on the rights of indigenous peoples 2017, para. 75
- Paragraph text
- It has to be emphasized that United Nations agencies, programmes and funds engaged in development work need to apply the human rights-based approach seriously, and use the Declaration when designing and developing their work at the country levels. This should be done in cooperation with indigenous peoples as a demonstration of their efforts to respect the right of indigenous peoples to participate in decision-making in matters that affect them.
- Body
- Special Rapporteur on the rights of indigenous peoples
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Governance & Rule of Law
- Person(s) affected
- Ethnic minorities
- Year
- 2017
Paragraph
Implementation of the United Nations Declaration on the Rights of Indigenous Peoples and the work of the Special Rapporteur on the rights of indigenous peoples 2017, para. 76
- Paragraph text
- In spite of the existence of good policies and guidelines on indigenous peoples, the Special Rapporteur sees the need to raise further awareness on the Declaration within the United Nations system itself. It is particularly frustrating to see the lack of coherence within the United Nations system in terms of actions taken to protect the rights of indigenous peoples, especially at the country level.
- Body
- Special Rapporteur on the rights of indigenous peoples
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Social & Cultural Rights
- Person(s) affected
- Ethnic minorities
- Year
- 2017
Paragraph
Implementation of the United Nations Declaration on the Rights of Indigenous Peoples and the work of the Special Rapporteur on the rights of indigenous peoples 2017, para. 54
- Paragraph text
- In several regions, large-scale land-grabbing is escalating and producing serious human rights violations and direct attacks against indigenous leaders and community members who seek to defend their land rights. Indigenous peoples are being threatened, arrested and prosecuted and, in the worst situations, they become the victims of extrajudicial executions.
- Body
- Special Rapporteur on the rights of indigenous peoples
- Document type
- Special Procedures' report
- Topic(s)
- Civil & Political Rights
- Environment
- Social & Cultural Rights
- Person(s) affected
- Ethnic minorities
- Year
- 2017
Paragraph
Implementation of the United Nations Declaration on the Rights of Indigenous Peoples and the work of the Special Rapporteur on the rights of indigenous peoples 2017, para. 31
- Paragraph text
- Certain countries have developed sectoral laws on specific indigenous peoples’ rights, such as in the fields of language, health and education, or established processes for participation or land rights recognition. The elaboration of legislation to operationalize the State duty to consult indigenous peoples is an ongoing process in Latin America. Peru adopted a law to this effect and discussions on potential new legal instruments are taking place, for instance, in Colombia, Costa Rica, Guatemala and Honduras. Legislation addressing indigenous peoples in particular circumstances, such as isolated indigenous peoples and indigenous peoples in recent contact has also been developed in Bolivia, Ecuador and Peru. General sectoral laws in some countries consider specific measures related to indigenous peoples. Dialogue processes for the development of new legislation are taking place in several countries, including transnational instruments as the Nordic Sami Convention.
- Body
- Special Rapporteur on the rights of indigenous peoples
- Document type
- Special Procedures' report
- Topic(s)
- Education
- Governance & Rule of Law
- Health
- Social & Cultural Rights
- Person(s) affected
- Ethnic minorities
- Year
- 2017
Paragraph
Implementation of the United Nations Declaration on the Rights of Indigenous Peoples and the work of the Special Rapporteur on the rights of indigenous peoples 2017, para. 33
- Paragraph text
- The recognition of the pre-existing rights of indigenous peoples in the legal system of a country is generally a constructive step, particularly when it responds to the demands of indigenous peoples and is conducted in cooperation with them and with their full and effective participation. The mandate holder has consistently recalled that such recognition should be accompanied by a necessary review of all domestic legislation to ensure coherence with international human rights standards on the rights of indigenous peoples, particularly the Declaration. In some countries where legislation recognizing the rights of indigenous peoples has been adopted, there are glaring inconsistencies between such legislation and existing regulations concerning investments, extractive activities such as mining, infrastructure development, forestry, agriculture or conservation measures.
- Body
- Special Rapporteur on the rights of indigenous peoples
- Document type
- Special Procedures' report
- Topic(s)
- Environment
- Governance & Rule of Law
- Social & Cultural Rights
- Person(s) affected
- Ethnic minorities
- Year
- 2017
Paragraph
Implementation of the United Nations Declaration on the Rights of Indigenous Peoples and the work of the Special Rapporteur on the rights of indigenous peoples 2017, para. 34
- Paragraph text
- During the past decade, the mandate holder has responded to requests by State officials and indigenous peoples to provide assistance in the development of constitutional and legal reforms to harmonize the domestic legal frameworks with the applicable international standards on the rights of indigenous peoples. Regarding constitutional reforms, the mandate holder has provided advice in the cases of Ecuador and Chile. Regarding the regulation of the State duty to consult, the mandate holder has provided interpretative comments on the nature of this duty, and specific observations at the request of Governments on the development and contents of related legal instruments. Technical advice has also been provided regarding the legal recognition of indigenous justice systems and their articulation with ordinary justice, and on legislation to protect indigenous lands.
- Body
- Special Rapporteur on the rights of indigenous peoples
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Social & Cultural Rights
- Person(s) affected
- Ethnic minorities
- Year
- 2017
Paragraph
Implementation of the United Nations Declaration on the Rights of Indigenous Peoples and the work of the Special Rapporteur on the rights of indigenous peoples 2017, para. 37
- Paragraph text
- An important element for operationalizing the recognition of the human rights of indigenous peoples is the adoption of adequate public policies. Both before and after the adoption of the Declaration, public policies addressing indigenous peoples were adopted in several countries. The mandate holder has had the opportunity to receive information on these issues during the country visits, has identified best practices and has made country-specific recommendations. The respective Special Rapporteurs have expressed their concerns over the lack of access by indigenous peoples to appropriate basic public services as well as the distressing disparities between the overall social and economic condition of indigenous peoples and that of the non-indigenous population in both developing and developed countries.
- Body
- Special Rapporteur on the rights of indigenous peoples
- Document type
- Special Procedures' report
- Topic(s)
- Civil & Political Rights
- Equality & Inclusion
- Governance & Rule of Law
- Social & Cultural Rights
- Person(s) affected
- Ethnic minorities
- Year
- 2017
Paragraph
Implementation of the United Nations Declaration on the Rights of Indigenous Peoples and the work of the Special Rapporteur on the rights of indigenous peoples 2017, para. 38
- Paragraph text
- Adequate policies must meet two basic criteria: they should conform to the international human rights standards on indigenous peoples; and they should be developed in cooperation with them and with their full participation, with the aim of strengthening their self-determination. This may require a reinterpretation of the concept of development in the light of the Declaration, ensuring that the agency of indigenous peoples as development actors is recognized in the reconceptualization of the issues classically addressed by public policies such as economic development, health or education. Public policies that do not conform with international human rights standards on the rights of indigenous peoples are likely to further violate those rights.
- Body
- Special Rapporteur on the rights of indigenous peoples
- Document type
- Special Procedures' report
- Topic(s)
- Education
- Equality & Inclusion
- Governance & Rule of Law
- Health
- Social & Cultural Rights
- Person(s) affected
- Ethnic minorities
- Year
- 2017
Paragraph
Implementation of the United Nations Declaration on the Rights of Indigenous Peoples and the work of the Special Rapporteur on the rights of indigenous peoples 2017, para. 39
- Paragraph text
- Within this context, it is essential to consider the link between poverty, in all its dimensions, and the violation of the right to self-determination. It is also essential to consider the centrality of the rights of indigenous peoples to their lands, territories and resources to ensuring their enjoyment of all their human rights. In this sense, it must be stressed that there has been more progress in the adoption of measures related to certain social and cultural rights than in those concerning effective recognition and respect of indigenous peoples’ rights to self-government and to their lands, territories and natural resources.
- Body
- Special Rapporteur on the rights of indigenous peoples
- Document type
- Special Procedures' report
- Topic(s)
- Civil & Political Rights
- Environment
- Governance & Rule of Law
- Social & Cultural Rights
- Person(s) affected
- Ethnic minorities
- Year
- 2017
Paragraph
Implementation of the United Nations Declaration on the Rights of Indigenous Peoples and the work of the Special Rapporteur on the rights of indigenous peoples 2017, para. 27
- Paragraph text
- If the Constitution, as the foundational law, recognizes the existence and rights of indigenous peoples, then this reflects a commitment of the whole society within the country. A number of countries recognize the existence and certain rights of indigenous peoples within their Constitution. While most of these recognitions predate the adoption of the Declaration, examples after 2007 include the Constitutions of Ecuador (2008), Bolivia (2009), Kenya (2010), Sweden (2011) and El Salvador (2014). Some countries have amended their Constitutions to at least recognize the multi-ethnic, pluricultural nature of their societies (Costa Rica, 2015).
- Body
- Special Rapporteur on the rights of indigenous peoples
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Social & Cultural Rights
- Person(s) affected
- Ethnic minorities
- Year
- 2017
Paragraph
Implementation of the United Nations Declaration on the Rights of Indigenous Peoples and the work of the Special Rapporteur on the rights of indigenous peoples 2017, para. 30
- Paragraph text
- Some countries have enacted general laws on the rights of indigenous peoples. Most of the instances also predate the Declaration, and should be reviewed according to its standards, but encouraging new legislation has since been adopted. In October 2007, the Senate of Bolivia sanctioned a bill transposing the Declaration within the Bolivian legal system, making it a law directly applicable by all national courts. Law number 5 of 25 February 2011 on the protection and promotion of the rights of indigenous populations in the Congo constitutes a good practice in this regard within the African region.
- Body
- Special Rapporteur on the rights of indigenous peoples
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Social & Cultural Rights
- Person(s) affected
- Ethnic minorities
- Year
- 2017
Paragraph
Implementation of the United Nations Declaration on the Rights of Indigenous Peoples and the work of the Special Rapporteur on the rights of indigenous peoples 2017, para. 9
- Original document
- Paragraph text
- The Declaration, as a declaration of the General Assembly, is a standard-setting resolution of profound significance as it reflects a wide consensus at the global level on the minimum content of the rights of indigenous peoples. Many of its articles are an extension of binding standards found in various human rights treaties that have been widely ratified and certain provisions, such as those relating to the protection against racial discrimination, reflect customary international law.
- Body
- Special Rapporteur on the rights of indigenous peoples
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Governance & Rule of Law
- Social & Cultural Rights
- Person(s) affected
- Ethnic minorities
- Year
- 2017
Paragraph
Implementation of the United Nations Declaration on the Rights of Indigenous Peoples and the work of the Special Rapporteur on the rights of indigenous peoples 2017, para. 25
- Paragraph text
- The existence of an adequate legal framework, consistent with international human rights standards, particularly the Declaration, is not per se a guarantee of implementation, but is an important step to establishing a solid basis to build the necessary changes. As noted by my predecessors, even in countries with well-developed enabling legal frameworks on the rights of indigenous peoples, there may be “implementation gaps” that impede effective actions.
- Body
- Special Rapporteur on the rights of indigenous peoples
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Social & Cultural Rights
- Person(s) affected
- Ethnic minorities
- Year
- 2017
Paragraph
Implementation of the United Nations Declaration on the Rights of Indigenous Peoples and the work of the Special Rapporteur on the rights of indigenous peoples 2017, para. 86
- Paragraph text
- Ten years after its adoption, and in spite of the reaffirmation of the commitment to the Declaration made at the World Conference on Indigenous Peoples in 2014, the Special Rapporteur has to conclude that there has been limited progress in the actual implementation of the rights of indigenous peoples. This is observed in particular with regard to the core rights of indigenous peoples to self-determination and their rights to their lands, territories and resources. This conclusion is based on the work of the mandate holder since 2007.
- Body
- Special Rapporteur on the rights of indigenous peoples
- Document type
- Special Procedures' report
- Topic(s)
- Civil & Political Rights
- Governance & Rule of Law
- Social & Cultural Rights
- Person(s) affected
- Ethnic minorities
- Year
- 2017
Paragraph
Implementation of the United Nations Declaration on the Rights of Indigenous Peoples and the work of the Special Rapporteur on the rights of indigenous peoples 2017, para. 94
- Paragraph text
- Indigenous governance institutions and justice systems should be recognized and supported. Permanent intercultural dialogues should be established to agree on the harmonization of indigenous institutions and justice systems with the overall institutional structure of the country and with the ordinary justice system. All necessary measures have to be adopted to ensure that indigenous peoples have access without discrimination to the justice system.
- Body
- Special Rapporteur on the rights of indigenous peoples
- Document type
- Special Procedures' report
- Topic(s)
- Civil & Political Rights
- Equality & Inclusion
- Governance & Rule of Law
- Social & Cultural Rights
- Person(s) affected
- Ethnic minorities
- Year
- 2017
Paragraph
Implementation of the United Nations Declaration on the Rights of Indigenous Peoples and the work of the Special Rapporteur on the rights of indigenous peoples 2017, para. 95
- Paragraph text
- The enjoyment of the rights of the indigenous peoples to their lands, territories and resources is central for their survival as distinct peoples. This requires that special and urgent efforts to ensure that legal, policy and other measures fully recognize, protect and enforce these rights, including redress when violations have occurred. In this regard, relevant court decisions should be complied with.
- Body
- Special Rapporteur on the rights of indigenous peoples
- Document type
- Special Procedures' report
- Topic(s)
- Civil & Political Rights
- Environment
- Governance & Rule of Law
- Social & Cultural Rights
- Person(s) affected
- Ethnic minorities
- Year
- 2017
Paragraph
Implementation of the United Nations Declaration on the Rights of Indigenous Peoples and the work of the Special Rapporteur on the rights of indigenous peoples 2017, para. 98a
- Paragraph text
- [The United Nations system has a particular role to play in the implementation of the Declaration. The Special Rapporteur would like to refer to the recommendations offered by the mandate holder in thematic and country reports to this effect, and to the communications and exchanges maintained with different United Nations bodies. Some key areas of work that could be considered are:] Promoting awareness at all levels of the Declaration and of the main problems indigenous peoples face for the full enjoyment of their rights;
- Body
- Special Rapporteur on the rights of indigenous peoples
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Governance & Rule of Law
- Person(s) affected
- Ethnic minorities
- Year
- 2017
Paragraph
Implementation of the United Nations Declaration on the Rights of Indigenous Peoples and the work of the Special Rapporteur on the rights of indigenous peoples 2017, para. 98e
- Paragraph text
- [The United Nations system has a particular role to play in the implementation of the Declaration. The Special Rapporteur would like to refer to the recommendations offered by the mandate holder in thematic and country reports to this effect, and to the communications and exchanges maintained with different United Nations bodies. Some key areas of work that could be considered are:] Promoting good faith intercultural dialogue between States and indigenous peoples on the key issues identified by indigenous peoples;
- Body
- Special Rapporteur on the rights of indigenous peoples
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Governance & Rule of Law
- Person(s) affected
- Ethnic minorities
- Year
- 2017
Paragraph
Implementation of the United Nations Declaration on the Rights of Indigenous Peoples and the work of the Special Rapporteur on the rights of indigenous peoples 2017, para. 71
- Paragraph text
- The Special Rapporteur has engaged with the Conferences of the Parties and intersessional meetings of the Convention on Biological Diversity and the Convention on Climate Change to advocate for the recognition of the Declaration, the inclusion of safeguards and the adoption of the human rights-based approach. This is required in order to protect indigenous peoples’ rights and recognize the contributions of indigenous peoples’ traditional knowledge in achieving the aims of the Conventions.
- Body
- Special Rapporteur on the rights of indigenous peoples
- Document type
- Special Procedures' report
- Topic(s)
- Environment
- Governance & Rule of Law
- Social & Cultural Rights
- Person(s) affected
- Ethnic minorities
- Year
- 2017
Paragraph
Implementation of the United Nations Declaration on the Rights of Indigenous Peoples and the work of the Special Rapporteur on the rights of indigenous peoples 2017, para. 96
- Paragraph text
- Consultation and free, prior and informed consent are important safeguards of the fundamental rights of indigenous peoples and essential elements for establishing a good faith and respectful relation between them and the States. States and indigenous peoples should jointly develop the measures deemed necessary to make these rights effective.
- Body
- Special Rapporteur on the rights of indigenous peoples
- Document type
- Special Procedures' report
- Topic(s)
- Civil & Political Rights
- Equality & Inclusion
- Governance & Rule of Law
- Person(s) affected
- Ethnic minorities
- Year
- 2017
Paragraph
Implementation of the United Nations Declaration on the Rights of Indigenous Peoples and the work of the Special Rapporteur on the rights of indigenous peoples 2017, para. 20
- Original document
- Paragraph text
- Measuring the effective implementation of the Declaration presents important challenges. It is difficult to assess the performance of adopted laws or policies in terms of their contribution to implementing the aims of the Declaration, owing in part to lack of disaggregated data and adequate indicators that are significant in terms of indigenous peoples’ rights.
- Body
- Special Rapporteur on the rights of indigenous peoples
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Governance & Rule of Law
- Social & Cultural Rights
- Person(s) affected
- Ethnic minorities
- Year
- 2017
Paragraph
Implementation of the United Nations Declaration on the Rights of Indigenous Peoples and the work of the Special Rapporteur on the rights of indigenous peoples 2017, para. 89
- Paragraph text
- Recognition of indigenous peoples as distinct peoples entitled to the collective and individual human rights enshrined in the Declaration is a precondition for its implementation.
- Body
- Special Rapporteur on the rights of indigenous peoples
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Governance & Rule of Law
- Social & Cultural Rights
- Person(s) affected
- Ethnic minorities
- Year
- 2017
Paragraph
Implementation of the United Nations Declaration on the Rights of Indigenous Peoples and the work of the Special Rapporteur on the rights of indigenous peoples 2017, para. 90
- Paragraph text
- All measures and actions should be developed in cooperation with indigenous peoples, as stated in the Declaration.
- Body
- Special Rapporteur on the rights of indigenous peoples
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Person(s) affected
- Ethnic minorities
- Year
- 2017
Paragraph
Implementation of the United Nations Declaration on the Rights of Indigenous Peoples and the work of the Special Rapporteur on the rights of indigenous peoples 2017, para. 36
- Paragraph text
- Particularly significant are the developments in the Inter-American and African human rights systems. The mandate holder has consistently collaborated with these regional systems, including as expert witness at the request of the Inter-American Court of Human Rights.
- Body
- Special Rapporteur on the rights of indigenous peoples
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Person(s) affected
- N.A.
- Year
- 2017
Paragraph
Implementation of the United Nations Declaration on the Rights of Indigenous Peoples and the work of the Special Rapporteur on the rights of indigenous peoples 2017, para. 55
- Paragraph text
- The nature of the allegations received by the mandate holder indicates an increase in violence against indigenous peoples when they defend their basic human rights, including their rights to lands and resources. Within this context, the use of anti-terrorist legislation, the terming of human rights defence as a criminal activity, and impunity when crimes against indigenous peoples are committed remain very serious concerns. In the past 10 years the mandate holder has addressed, often together with other special procedures mandate holders, many cases of violence against indigenous peoples, their leaders and representatives. This has been undertaken through the communications procedure and the release of public statements. The mandate holder has also sought to address these situations by engaging the Governments in constructive dialogues and by undertaking working visits to examine the issues in more depth. The Special Rapporteur intends to develop further research on this issue but would like to emphasize that the underlying reason for the key problems seen in these cases is the lack of observance of indigenous land, natural resources and related rights recognized in the Declaration and other human rights instruments.
- Body
- Special Rapporteur on the rights of indigenous peoples
- Document type
- Special Procedures' report
- Topic(s)
- Civil & Political Rights
- Environment
- Governance & Rule of Law
- Violence
- Person(s) affected
- Ethnic minorities
- Year
- 2017
Paragraph
Implementation of the United Nations Declaration on the Rights of Indigenous Peoples and the work of the Special Rapporteur on the rights of indigenous peoples 2017, para. 8
- Original document
- Paragraph text
- Although the present report will focus on implementation, the Special Rapporteur would like to reiterate some comments on the legal standing of the Declaration and on the universal human rights principles underlying it. The Declaration sets a clear normative framework for the mandate.
- Body
- Special Rapporteur on the rights of indigenous peoples
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Person(s) affected
- N.A.
- Year
- 2017
Paragraph
Implementation of the United Nations Declaration on the Rights of Indigenous Peoples and the work of the Special Rapporteur on the rights of indigenous peoples 2017, para. 23
- Original document
- Paragraph text
- It must be mentioned that the implementation of the Declaration in Asia and Africa, and the work of the mandate holder to promote it, face particular obstacles due to denial by some States of the existence of indigenous peoples within their borders, on the grounds for example that all the population is indigenous to the country. The mandate holder has repeatedly referred to this issue stating that, despite the different terminology employed in many areas, the situation and human rights issues of certain peoples in those regions is a matter of concern for the mandate holder and the provisions of the Declaration apply to them. These populations are distinct peoples, with specific cultures and relation to certain lands and territories, and have been subject to marginalization. The problems they suffer, related to their group identity, are similar to those of peoples all over the world that identify as indigenous, and are the types of problems that the Declaration seeks to resolve as a remedial instrument. The work of the African Commission on Human and Peoples’ Rights, particularly its Working Group on indigenous populations/communities, has been instrumental in advancing a positive dialogue on the recognition of indigenous peoples in the African region.
- Body
- Special Rapporteur on the rights of indigenous peoples
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Governance & Rule of Law
- Social & Cultural Rights
- Person(s) affected
- Ethnic minorities
- Year
- 2017
Paragraph
Implementation of the United Nations Declaration on the Rights of Indigenous Peoples and the work of the Special Rapporteur on the rights of indigenous peoples 2017, para. 40
- Paragraph text
- Public policies should address the underlying causes of poverty and marginalization that indigenous peoples suffer as a result of the denial of their rights. They should also be considered as elements of the coordinated and systematic action States should develop to ensure that indigenous peoples enjoy their collective and individual human rights, and not as marginal, stand-alone initiatives dependent on available funding. The mandate holder has observed positive examples of public policies to implement indigenous rights on different sectoral issues, such as for example the National Aboriginal and Torres Strait Islander Health Plan 2013-2023 which affirms that it adopts a human rights-based approach informed by the Declaration. Other examples include the Whanau Ora policy in New Zealand; the bilingual intercultural education programme in Panama and the policies for the protection of indigenous peoples in isolation and recent contact in Bolivia and Ecuador. In El Salvador the recently adopted national policy on indigenous peoples considers the Declaration as its framework. Canada is undertaking a review of its policies to ensure coherence with the Declaration, and dialogue processes with indigenous peoples on public policies are ongoing in Costa Rica or Paraguay.
- Body
- Special Rapporteur on the rights of indigenous peoples
- Document type
- Special Procedures' report
- Topic(s)
- Education
- Equality & Inclusion
- Governance & Rule of Law
- Social & Cultural Rights
- Person(s) affected
- Ethnic minorities
- Year
- 2017
Paragraph
Implementation of the United Nations Declaration on the Rights of Indigenous Peoples and the work of the Special Rapporteur on the rights of indigenous peoples 2017, para. 45
- Paragraph text
- The establishment of special departments within different Ministries focused on indigenous peoples and parliamentary commissions on indigenous issues can be instrumental in the development of appropriate measures to achieve the ends of the Declaration. Within the justice system, some countries have established specialized Public Prosecutor’s Offices which play an important role in trying to ensure access to justice for indigenous peoples. In several countries joint bodies, such as dialogue round tables, with participation of indigenous peoples and State institutions, have been created: they either deal with specific matters or exist as permanent mechanisms. Provided they comply with the basic requirements of full and effective participation by indigenous peoples in decision-making and respect for indigenous appointment processes, these bodies can play a decisive role in advancing respectful and continuous intercultural dialogue between indigenous peoples and States that may bring about the needed changes. They can also be instrumental in preventing and solving conflict situations.
- Body
- Special Rapporteur on the rights of indigenous peoples
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Governance & Rule of Law
- Humanitarian
- Person(s) affected
- Ethnic minorities
- Year
- 2017
Paragraph
Implementation of the United Nations Declaration on the Rights of Indigenous Peoples and the work of the Special Rapporteur on the rights of indigenous peoples 2017, para. 70
- Paragraph text
- Multilateral environmental agreements should also consider the Declaration as the framework when adopting decisions which affect indigenous peoples. Good decisions have emerged from the sessions of the Conferences of the Parties to the Convention on Biological Diversity and the United Nations Framework Convention on Climate Change, and there are positive practices in terms of creating spaces for indigenous peoples within the bodies of these Conventions. For example, under the Convention on Biological Diversity there is a Working Group on article 8 (j) on the traditional knowledge of indigenous peoples and local communities. Since 2007, the Conference of the Parties to the Convention on Biological Diversity has noted the existence of the Declaration in decisions and has adopted guidelines relevant for indigenous peoples. The Conference of the Parties to the Convention on Climate Change, at its twenty-first session, recognized the need to strengthen knowledge, technologies, practices and efforts of local communities and indigenous peoples related to addressing and responding to climate change, and established a platform for the exchange of experiences and sharing of best practices on mitigation and adaptation in a holistic and integrated manner.
- Body
- Special Rapporteur on the rights of indigenous peoples
- Document type
- Special Procedures' report
- Topic(s)
- Environment
- Person(s) affected
- Ethnic minorities
- Year
- 2017
Paragraph
Implementation of the United Nations Declaration on the Rights of Indigenous Peoples and the work of the Special Rapporteur on the rights of indigenous peoples 2017, para. 82
- Paragraph text
- The mass media also plays a role, which it should be aware of and accountable for, in terms of perpetuating racist assumptions about indigenous peoples. Positive promotion of a better understanding of indigenous rights in mainstream media is important.
- Body
- Special Rapporteur on the rights of indigenous peoples
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Governance & Rule of Law
- Social & Cultural Rights
- Person(s) affected
- Ethnic minorities
- Year
- 2017
Paragraph
Implementation of the United Nations Declaration on the Rights of Indigenous Peoples and the work of the Special Rapporteur on the rights of indigenous peoples 2017, para. 83
- Paragraph text
- The donor and diplomatic community in many countries can play a significant role not only in terms of providing funds, but also in extending support for the intercultural political dialogue needed.
- Body
- Special Rapporteur on the rights of indigenous peoples
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Person(s) affected
- All
- Year
- 2017
Paragraph
Implementation of the United Nations Declaration on the Rights of Indigenous Peoples and the work of the Special Rapporteur on the rights of indigenous peoples 2017, para. 91
- Paragraph text
- Domestic legal frameworks should be reviewed in order to ensure coherence with international human rights standards on the rights of indigenous peoples. New legislation should be developed where necessary or existing legislation amended. Any provisions which contravene the rights of indigenous peoples should be repealed.
- Body
- Special Rapporteur on the rights of indigenous peoples
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Social & Cultural Rights
- Person(s) affected
- Ethnic minorities
- Year
- 2017
Paragraph
Implementation of the United Nations Declaration on the Rights of Indigenous Peoples and the work of the Special Rapporteur on the rights of indigenous peoples 2017, para. 92
- Paragraph text
- Public policies must be put in place as part of a coordinated and systematic action of the State to empower indigenous peoples to control their own destiny, through support for their own development priorities.
- Body
- Special Rapporteur on the rights of indigenous peoples
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Governance & Rule of Law
- Social & Cultural Rights
- Person(s) affected
- Ethnic minorities
- Year
- 2017
Paragraph
Implementation of the United Nations Declaration on the Rights of Indigenous Peoples and the work of the Special Rapporteur on the rights of indigenous peoples 2017, para. 97
- Paragraph text
- Urgent measures should be adopted to protect indigenous peoples’ rights to life and security, particularly when they are exercising or defending their rights. Impunity for crimes committed against indigenous peoples must end.
- Body
- Special Rapporteur on the rights of indigenous peoples
- Document type
- Special Procedures' report
- Topic(s)
- Civil & Political Rights
- Person(s) affected
- Ethnic minorities
- Year
- 2017
Paragraph
Implementation of the United Nations Declaration on the Rights of Indigenous Peoples and the work of the Special Rapporteur on the rights of indigenous peoples 2017, para. 72
- Paragraph text
- The mandate holder has emphasized the importance of including the economic, social and cultural rights of indigenous peoples in the Sustainable Development Goals, and advocated, jointly with other special procedures mandate holders and other United Nations bodies, for indigenous peoples’ rights, and for
- Body
- Special Rapporteur on the rights of indigenous peoples
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Social & Cultural Rights
- Person(s) affected
- Ethnic minorities
- Year
- 2017
Paragraph
Implementation of the United Nations Declaration on the Rights of Indigenous Peoples and the work of the Special Rapporteur on the rights of indigenous peoples 2017, para. 32
- Paragraph text
- Furthermore, Nepal (2007), Spain (2007), Chile (2008), the Central African Republic (2010) and Nicaragua (2010) have ratified the Indigenous and Tribal Peoples Convention, 1989 (No. 169) of the International Labour Organization (ILO) during the past decade.
- Body
- Special Rapporteur on the rights of indigenous peoples
- Document type
- Special Procedures' report
- Topic(s)
- Economic Rights
- Governance & Rule of Law
- Person(s) affected
- Ethnic minorities
- Year
- 2017
Paragraph
Implementation of the United Nations Declaration on the Rights of Indigenous Peoples and the work of the Special Rapporteur on the rights of indigenous peoples 2017, para. 19
- Original document
- Paragraph text
- Nevertheless, considering the problems witnessed and the information and allegations received, the Special Rapporteur assesses the situation of implementation of the Declaration as one of limited progress. This is particularly worrisome considering the urgency and seriousness of the threats indigenous peoples are facing in many countries, compromising not only their dignity and well-being but their very survival as distinct peoples.
- Body
- Special Rapporteur on the rights of indigenous peoples
- Document type
- Special Procedures' report
- Topic(s)
- Civil & Political Rights
- Governance & Rule of Law
- Person(s) affected
- Ethnic minorities
- Year
- 2017
Paragraph
Implementation of the United Nations Declaration on the Rights of Indigenous Peoples and the work of the Special Rapporteur on the rights of indigenous peoples 2017, para. 24
- Original document
- Paragraph text
- The sections that follow contain comments on progress made and challenges remaining within three key spheres that the mandate holder has had the opportunity of assessing in country missions, working visits, exchanges with State representatives, indigenous peoples and others, and through communications work, namely, the development of an adequate legal framework, the adoption and implementation of enabling public policies and the establishment of adequate institutional arrangements.
- Body
- Special Rapporteur on the rights of indigenous peoples
- Document type
- Special Procedures' report
- Topic(s)
- Civil & Political Rights
- Governance & Rule of Law
- Person(s) affected
- Ethnic minorities
- Year
- 2017
Paragraph
Implementation of the United Nations Declaration on the Rights of Indigenous Peoples and the work of the Special Rapporteur on the rights of indigenous peoples 2017, para. 77
- Paragraph text
- In the outcome document of the World Conference on Indigenous Peoples of 2014, which the Member States adopted by consensus, the General Assembly urged the United Nations system to contribute to the full implementation of the rights enshrined in the Declaration and in no way diminish or limit them. The system-wide action plan adopted as a result of the World Conference may improve the effectiveness and coordination of the United Nations system with regard to the implementation of the Declaration.
- Body
- Special Rapporteur on the rights of indigenous peoples
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Social & Cultural Rights
- Person(s) affected
- Ethnic minorities
- Year
- 2017
Paragraph
Implementation of the United Nations Declaration on the Rights of Indigenous Peoples and the work of the Special Rapporteur on the rights of indigenous peoples 2017, para. 81
- Paragraph text
- Academic institutions have developed quite a number of good practices, which should be supported and replicated, in terms of increasing respect and understanding of the rights of indigenous peoples. This includes supporting their rights to their own knowledge, promotion of indigenous-led research, and incorporation of indigenous rights in university curricula or scholarship programmes for indigenous students.
- Body
- Special Rapporteur on the rights of indigenous peoples
- Document type
- Special Procedures' report
- Topic(s)
- Education
- Equality & Inclusion
- Social & Cultural Rights
- Person(s) affected
- Ethnic minorities
- Year
- 2017
Paragraph
Implementation of the United Nations Declaration on the Rights of Indigenous Peoples and the work of the Special Rapporteur on the rights of indigenous peoples 2017, para. 84
- Paragraph text
- The Declaration on the Rights of Indigenous Peoples is the most advanced and comprehensive international human rights instrument on the rights of indigenous peoples. It constitutes the main legal framework, together with international human rights treaties and conventions, of the work of the Special Rapporteur, whose mandate has specifically included the task of promoting its implementation since 2007.
- Body
- Special Rapporteur on the rights of indigenous peoples
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Social & Cultural Rights
- Person(s) affected
- Ethnic minorities
- Year
- 2017
Paragraph
Implementation of the United Nations Declaration on the Rights of Indigenous Peoples and the work of the Special Rapporteur on the rights of indigenous peoples 2017, para. 42
- Paragraph text
- In line with the Declaration, the mandate holder has consistently underlined the key right of indigenous peoples to decide their own development path, and to maintain their own systems and institutions, including in the fields of economic activities, education, health and activities related to multilateral environmental agreements. Therefore, priority should be given to supporting indigenous peoples’ own initiatives.
- Body
- Special Rapporteur on the rights of indigenous peoples
- Document type
- Special Procedures' report
- Topic(s)
- Environment
- Governance & Rule of Law
- Person(s) affected
- Ethnic minorities
- Year
- 2017
Paragraph
Implementation of the United Nations Declaration on the Rights of Indigenous Peoples and the work of the Special Rapporteur on the rights of indigenous peoples 2017, para. 98f
- Paragraph text
- [The United Nations system has a particular role to play in the implementation of the Declaration. The Special Rapporteur would like to refer to the recommendations offered by the mandate holder in thematic and country reports to this effect, and to the communications and exchanges maintained with different United Nations bodies. Some key areas of work that could be considered are:] Supporting country-level implementation of the recommendations of the Special Rapporteur and the human rights treaty bodies related to the rights of indigenous peoples;
- Body
- Special Rapporteur on the rights of indigenous peoples
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Person(s) affected
- Ethnic minorities
- Year
- 2017
Paragraph
Conservation measures and their impact on indigenous peoples’ rights 2016, para. 28
- Paragraph text
- Of particular importance to the rights of indigenous peoples in the context of conservation is the judgment of the Court in the Kaliña and Lokono Peoples v. Suriname case in November 2015, relating to three nature reserves established on their ancestral territory which partly prevented their access. The judgment ordered the State to implement a series of guarantees of non-repetition, including the legal recognition of territorial and other rights of all indigenous and tribal peoples in Suriname. The Court furthermore concluded that respect for the rights of indigenous peoples may have a positive impact on environmental conservation and therefore the rights of indigenous peoples and international environmental laws should be seen as complementary rather than exclusionary rights. In February 2015, the Special Rapporteur acted as an expert witness in the case and emphasized indigenous peoples' right to effective participation in conservation management and their right to restitution for lands incorporated into protected areas without their consent. She underlined three basic principles in relation to protected areas, as follows: first, that States must recognize and protect the rights of indigenous peoples to own, develop, control and use their communal lands, territories and resources; second, that decision-making in relation to all aspects of protected areas must take place with indigenous peoples' effective participation and consent where any restrictions on their rights may be proposed; and third, that indigenous peoples have a right to restitution and other forms of redress where their lands have been incorporated into protected areas without their consent.
- Body
- Special Rapporteur on the rights of indigenous peoples
- Document type
- Special Procedures' report
- Topic(s)
- Environment
- Governance & Rule of Law
- Social & Cultural Rights
- Person(s) affected
- Ethnic minorities
- Year
- 2016
Paragraph
Conservation measures and their impact on indigenous peoples’ rights 2016, para. 20
- Paragraph text
- The aim of the present section is to chart and affirm the existing legal obligations to guarantee indigenous peoples' rights in the context of conservation. The rights of indigenous peoples stem from various branches of international law and have developed through international human rights law, international labour law and international environment law. International and regional human right jurisprudence have further advanced the application of key indigenous peoples' rights in conservation. Taking stock of the standing in international law of indigenous peoples' rights in relation to conservation thus requires consideration of the interrelatedness of the different rights, notably self-determination, cultural and property rights, and appreciation of the complementarity of international human rights law and international environment law.
- Body
- Special Rapporteur on the rights of indigenous peoples
- Document type
- Special Procedures' report
- Topic(s)
- Environment
- Governance & Rule of Law
- Social & Cultural Rights
- Person(s) affected
- Ethnic minorities
- Year
- 2016
Paragraph
Conservation measures and their impact on indigenous peoples’ rights 2016, para. 22
- Paragraph text
- Self-determination is a right in itself and is also a necessary pre-condition for the fulfilment of other human rights. The right is a fundamental principle in international law and has been interpreted in a variety of legal contexts. Self determination is considered an overarching right to indigenous peoples because of its cross-cutting nature and because it affirms their right to freely pursue their economic, social and cultural development. It is crucial to the issue of land conservation efforts because of its links with land rights and the right to participate within processes and decisions affecting them, such as the establishment and management of protected areas. The right to self-determination is enshrined within both the International Covenant on Civil and Political Rights (1966, article 1) and the International Covenant on Economic, Social and Cultural Rights (1966, article 1) and is included in the United Nations Declaration on the Rights of Indigenous Peoples (2007, article 3). Human rights treaty bodies, notably the Human Rights Committee, the Committee on Economic, Social and Cultural Rights and the Committee on the Elimination of Racial Discrimination, have all affirmed, in analogous terms, that States must recognize and protect the rights of indigenous peoples to own, develop, control and use their communal lands and to participate in the management and conservation of the associated natural resources. The Committee on Economic, Social and Cultural Rights and the Human Rights Committee have underlined the importance of the provision of land titles on the ancestral lands by linking the right to self-determination with cultural rights (article 27 of the International Covenant on Civil and Political Rights and article 15 of the International Covenant on Economic, Social and Cultural Rights). The Indigenous and Tribal Peoples Convention, 1989 (No. 169) of the International Labour Organization (ILO) enshrines land rights for indigenous peoples in articles 14 to 19). The United Nations Declaration on the Rights of Indigenous Peoples, which consolidates the rights of indigenous peoples already recognized in other human rights instruments and through the jurisprudence of the international human rights treaty bodies, affirms the right of indigenous peoples to own and control their lands (articles 25, 26 and 27).
- Body
- Special Rapporteur on the rights of indigenous peoples
- Document type
- Special Procedures' report
- Topic(s)
- Civil & Political Rights
- Governance & Rule of Law
- Social & Cultural Rights
- Person(s) affected
- Ethnic minorities
- Year
- 2016
Paragraph
Conservation measures and their impact on indigenous peoples’ rights 2016, para. 23
- Paragraph text
- Respect for the right to participate and to free, prior and informed consent are sine qua non elements of effective advancement of indigenous peoples' rights in practice. ILO Convention No. 169 sets out the duty of States to consult indigenous peoples through appropriate procedures and in particular through their representative institutions, whenever consideration is being given to legislative or administrative measures which may affect them directly (article 6). Human rights treaty bodies have consistently affirmed the principle of free, prior and informed consent of indigenous peoples in matters relating to their rights and interests and specifically in relation to their ancestral lands and conservation.
- Body
- Special Rapporteur on the rights of indigenous peoples
- Document type
- Special Procedures' report
- Topic(s)
- Civil & Political Rights
- Environment
- Governance & Rule of Law
- Social & Cultural Rights
- Person(s) affected
- Ethnic minorities
- Year
- 2016
Paragraph
Conservation measures and their impact on indigenous peoples’ rights 2016, para. 24
- Paragraph text
- The Declaration on the Rights of Indigenous Peoples makes specific reference to conservation in article 29, which states that indigenous peoples have the right to the conservation and protection of the environment and the productive capacity of their lands or territories and resources and that States shall establish and implement assistance programmes for indigenous peoples for such conservation and protection, without discrimination. The Declaration furthermore states that indigenous peoples have the right to determine and develop priorities and strategies for the development or use of their lands or territories and other resources and that States shall consult and cooperate in good faith with the indigenous peoples concerned through their own representative institutions in order to obtain their free and informed consent prior to the approval of any project affecting their lands or territories and other resources, particularly in connection with the development, utilization or exploitation of mineral, water or other resources (article 32).
- Body
- Special Rapporteur on the rights of indigenous peoples
- Document type
- Special Procedures' report
- Topic(s)
- Environment
- Governance & Rule of Law
- Social & Cultural Rights
- Person(s) affected
- Ethnic minorities
- Year
- 2016
Paragraph
Conservation measures and their impact on indigenous peoples’ rights 2016, para. 26
- Paragraph text
- ILO Convention No. 169 (article 16) and the Declaration on the Rights on Indigenous Peoples (article 10) stipulate that indigenous peoples shall not be forcibly removed from their lands unless they have provided their free, prior and informed consent. Should such violations have occurred, they have the right to fair reparation including restitution and compensation and, where possible, the option of returning to their lands. Article 28 of the Declaration furthermore stresses the right of indigenous peoples to redress, by means that can include restitution or, when this is not possible, just, fair and equitable compensation, for the lands, territories and resources which they have traditionally owned or otherwise occupied or used, and which have been confiscated, taken, occupied, used or damaged without their free, prior and informed consent. Unless otherwise freely agreed upon by the peoples concerned, compensation shall take the form of lands, territories and resources equal in quality, size and legal status or of monetary compensation or other appropriate redress.
- Body
- Special Rapporteur on the rights of indigenous peoples
- Document type
- Special Procedures' report
- Topic(s)
- Civil & Political Rights
- Environment
- Social & Cultural Rights
- Person(s) affected
- Ethnic minorities
- Year
- 2016
Paragraph
Conservation measures and their impact on indigenous peoples’ rights 2016, para. 53
- Paragraph text
- In Kenya, respective special rapporteurs have expressed long-standing concerns regarding the repeated evictions and forced displacement of several indigenous peoples, including the Ogiek and Sengwer from ancestral lands, which have been declared protected areas. The Ogiek have faced repeated evictions from their ancestral forest lands since the creation of the Mount Elgon national park in 1968 and further gazetting of their lands for the Chepkitale game park in 2000. The Sengwer continue to face displacement from the Embout forests, dating back to the 1970s. Forced away from their lands, indigenous peoples are denied their cultural and subsistence practices. Indigenous peoples who seek to return to their lands are regularly arrested and charged of poaching or even killed by armed "eco-guards". While indigenous peoples in Kenya have repeatedly emphasized their desire to engage in conservation, difficulties in settling collective land tenure remain a key obstacle.
- Body
- Special Rapporteur on the rights of indigenous peoples
- Document type
- Special Procedures' report
- Topic(s)
- Environment
- Social & Cultural Rights
- Person(s) affected
- Ethnic minorities
- Year
- 2016
Paragraph
Conservation measures and their impact on indigenous peoples’ rights 2016, para. 54
- Paragraph text
- A 2016 study by the Rainforest Foundation of 34 protected areas in five countries in the Congo Basin (Cameroon, Central African Republic, the Democratic Republic of the Congo, Gabon and the Republic of the Congo) found that indigenous communities have virtually no tenure security over their traditional lands in any of the five countries. The creation of at least 26 of the protected areas resulted in partial or complete relocation or displacement of local indigenous and farming communities present in the area prior to park establishment. In no case was any reparation for the displacements reported. Furthermore, of the 34 protected areas studied, 25 bordered with logging concessions, 19 overlapped with mining concessions and 9 overlapped with oil concessions.
- Body
- Special Rapporteur on the rights of indigenous peoples
- Document type
- Special Procedures' report
- Topic(s)
- Environment
- Governance & Rule of Law
- Movement
- Person(s) affected
- Ethnic minorities
- Year
- 2016
Paragraph
Conservation measures and their impact on indigenous peoples’ rights 2016, para. 55
- Paragraph text
- Protected areas constitute approximately 20 per cent of the total landmass in Nepal. The National Parks and Wildlife Conservation Act in that country provides no recognition of indigenous peoples' right to consultation or to access their traditional lands and resources. During a country visit in 2009, the Special Rapporteur received reports of mistreatment, arbitrary detention and sexual abuse of indigenous villagers, in particular indigenous women, by Chitwan National Park rangers and military officials (see HRC/12/34/Add.3, para. 37).
- Body
- Special Rapporteur on the rights of indigenous peoples
- Document type
- Special Procedures' report
- Topic(s)
- Environment
- Social & Cultural Rights
- Person(s) affected
- Ethnic minorities
- Women
- Year
- 2016
Paragraph
Analysis of the impacts of international investment agreements on the rights of indigenous peoples 2016, para. 17
- Paragraph text
- Consequently, States are obliged to establish culturally appropriate mechanisms to enable the effective participation of indigenous peoples in all decision-making processes that directly affect their rights. To ensure this, international human rights law standards require good-faith consultations to obtain their free, prior and informed consent.This requirement applies prior to the enactment of legislative or administrative measures, the development of investment plans or the issuance of concessions, licences or permits for projects in or near their territories.
- Body
- Special Rapporteur on the rights of indigenous peoples
- Document type
- Special Procedures' report
- Topic(s)
- Economic Rights
- Equality & Inclusion
- Governance & Rule of Law
- Person(s) affected
- Ethnic minorities
- Year
- 2016
Paragraph
Analysis of the impacts of international investment agreements on the rights of indigenous peoples 2016, para. 11
- Paragraph text
- According to the United Nations Conference on Trade and Development (UNCTAD), cancellations or alleged violations of contracts and revocation or denial of licences are among the most commonly challenged State actions,with approximately 30 per cent of all settlements relating to the extractive and energy industries, which account for most new investments. The majority of such cases are taken against States with significant populations of indigenous peoples in whose territories the exploited mineral, energy or forest resources are located.
- Body
- Special Rapporteur on the rights of indigenous peoples
- Document type
- Special Procedures' report
- Topic(s)
- Environment
- Person(s) affected
- Ethnic minorities
- Year
- 2016
Paragraph
Analysis of the impacts of international investment agreements on the rights of indigenous peoples 2016, para. 12
- Paragraph text
- Recent years have seen a growing number of megaregional free trade agreements, with scopes that extend far beyond trade to include investment and regulatory dimensions, essentially forming global economic structural agreements. The most recent is the Trans-Pacific Partnership. Its investment chapter, containing many of the standard provisions in the model bilateral investment treaty of the United States of America, is one of its most controversial features. It has been widely criticized, including by Special Rapporteurs, for limiting democratic space by effectively transferring public decision-making powers over economic, social and cultural governance to corporate actors.
- Body
- Special Rapporteur on the rights of indigenous peoples
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Person(s) affected
- Ethnic minorities
- Year
- 2016
Paragraph
Analysis of the impacts of international investment agreements on the rights of indigenous peoples 2016, para. 37
- 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.
- Body
- Special Rapporteur on the rights of indigenous peoples
- Document type
- Special Procedures' report
- Topic(s)
- Economic Rights
- Governance & Rule of Law
- Humanitarian
- Person(s) affected
- Ethnic minorities
- Year
- 2016
Paragraph
Analysis of the impacts of international investment agreements on the rights of indigenous peoples 2016, para. 38
- Paragraph text
- In some cases, international investment agreements, and measures deemed necessary to facilitate their implementation, have triggered large-scale conflict and significant loss of life. On 1 January 1994, when the North American Free Trade Agreement came into effect and triggered privatization of indigenous peoples' communal lands, the Zapatista National Liberation Army, composed of indigenous peoples from Chiapas, initiated an armed rebellion, calling the Agreement a "death sentence" for indigenous peoples.
- Body
- Special Rapporteur on the rights of indigenous peoples
- Document type
- Special Procedures' report
- Topic(s)
- Economic Rights
- Environment
- Governance & Rule of Law
- Person(s) affected
- Ethnic minorities
- Year
- 2016
Paragraph
Analysis of the impacts of international investment agreements on the rights of indigenous peoples 2016, para. 39
- Paragraph text
- Some 14 years later, the free trade agreement between the United States and Peru was used as a pretext for a series of neo-liberal legislative decrees, 10 of which had seriously negative implications for Amazonian indigenous peoples' territorial rights. The refusal of the Government of Peru to accept proposals made by indigenous peoples triggered mobilization, resulting in the tragic deaths of 30 people when the military was deployed in response.
- Body
- Special Rapporteur on the rights of indigenous peoples
- Document type
- Special Procedures' report
- Topic(s)
- Economic Rights
- Environment
- Governance & Rule of Law
- Person(s) affected
- Ethnic minorities
- Year
- 2016
Paragraph
Analysis of the impacts of international investment agreements on the rights of indigenous peoples 2016, para. 41
- Paragraph text
- In the International Centre for Settlement of Investment Disputes case Burlington Resources Inc. v. Ecuador (2010) the oil and gas company claimed that Ecuador had failed to meet its obligations to give its operations full protection and security against indigenous peoples' opposition and at times violent protests. The State argued that the indigenous peoples' actions had been a case of force majeure and did not address the issue of indigenous peoples' rights in its defence. The security aspect of the claim was rejected on procedural grounds without addressing the indigenous rights issues. The case was also subject to parallel consideration by the Inter-American Commission on Human Rights and the Inter-American Court of Human Rights . In 2012, the Court ruled that the failure to consult the indigenous peoples and obtain their free, prior and informed consent, and the use of force by the State, had put the indigenous peoples' survival at risk.
- Body
- Special Rapporteur on the rights of indigenous peoples
- Document type
- Special Procedures' report
- Topic(s)
- Economic Rights
- Environment
- Governance & Rule of Law
- Person(s) affected
- Ethnic minorities
- Year
- 2016
Paragraph
Analysis of the impacts of international investment agreements on the rights of indigenous peoples 2016, para. 42
- Paragraph text
- In Chevron v. Ecuador (2014), the company took a series of arbitration cases to avoid paying damages awarded by Ecuadorian courts in 2011. The $8.6 billion award followed a class action suit addressing harms suffered by indigenous peoples as a result of environmental contamination. The case demonstrates the extremely broad and potentially indigenous rights-denying interpretation of "investment" as including a lawsuit in domestic courts and payments to affected people arising from the lack of remediation. Precautionary measures were subsequently sought from the Inter-American Commission on Human Rights seeking to prevent any action arising from the investor-State dispute settlement award that would contravene, undermine, or threaten the human rights of the concerned indigenous communities.
- Body
- Special Rapporteur on the rights of indigenous peoples
- Document type
- Special Procedures' report
- Topic(s)
- Economic Rights
- Environment
- Governance & Rule of Law
- Person(s) affected
- Ethnic minorities
- Year
- 2016
Paragraph
Analysis of the impacts of international investment agreements on the rights of indigenous peoples 2016, para. 61
- Paragraph text
- The cases also illustrate the frequent tensions that arise between the international human rights law and international investment law regimes. In Burlington Resources Inc. v. Ecuador, the contrast is striking between the findings of the Inter-American Court of Human Rights that the State used unnecessary and excessive force against the indigenous peoples, thereby threatening their existence, and the claim by the company involved in the investor-State dispute settlement that the State had not used sufficient force to protect its investment from those indigenous peoples, with neither the company nor the State seeing fit to address indigenous peoples' rights in their arguments.
- Body
- Special Rapporteur on the rights of indigenous peoples
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Person(s) affected
- Ethnic minorities
- Year
- 2016
Paragraph
Analysis of the impacts of international investment agreements on the rights of indigenous peoples 2016, para. 62
- Paragraph text
- The number of investor-State dispute settlement cases involving indigenous peoples' rights is growing, a fact that could be related to the speculative nature of such settlements, which encourages investors, in particular risk-taking extractive companies, to seek ever broader interpretations of the protections surrounding international investment agreements. Similarly, the expectation among risk-adverse States that the trend will continue reduces the probability that States will take urgently needed measures to recognize, protect, respect and fulfil indigenous peoples' rights, including by addressing historical injustices in relation to land claims.
- Body
- Special Rapporteur on the rights of indigenous peoples
- Document type
- Special Procedures' report
- Topic(s)
- Environment
- Governance & Rule of Law
- Person(s) affected
- Ethnic minorities
- Year
- 2016
Paragraph
Analysis of the impacts of international investment agreements on the rights of indigenous peoples 2016, para. 63
- Paragraph text
- The Inter-American Court of Human Rights decision in Sawhoyamaxa indigenous community v. Paraguay is illustrative of this. The State argued that it could not implement land restitution programmes aimed at guaranteeing indigenous peoples' rights because of protections afforded to investors under its bilateral investment treaty with Germany. The Court ruled that the treaty had to be interpreted in the light of the State's human rights obligations and that the taking of land for restitution to indigenous people could be justified as a "public purpose or interest". While it is one of the few cases that has attempted to reconcile obligations under international investment law and international human rights law, it offers no guidance on the extent to which the investor should be compensated or what considerations should determine when compensation is or is not required. This points to the need for further guidance from human rights bodies on these matters.
- Body
- Special Rapporteur on the rights of indigenous peoples
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Social & Cultural Rights
- Person(s) affected
- Ethnic minorities
- Year
- 2016
Paragraph
Analysis of the impacts of international investment agreements on the rights of indigenous peoples 2016, para. 66
- Paragraph text
- The tribunal essentially distanced itself from any damage that its decision could have on indigenous rights, acknowledging that its ruling could affect those rights but holding that they were outside the scope of the dispute and not part of the applicable law. This amounts to the subordination of indigenous peoples' rights to investor protections, with no option provided for participation or appeal. Such arguments go to the core of the legitimacy crisis that the international investment law system is facing. Justifications based on a lack of competence in relation to indigenous rights are further evidence of the system's deficiencies.
- Body
- Special Rapporteur on the rights of indigenous peoples
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Person(s) affected
- Ethnic minorities
- Year
- 2016
Paragraph
Analysis of the impacts of international investment agreements on the rights of indigenous peoples 2016, para. 67
- Paragraph text
- All of the above reflects the fact that, at its core, the investor-State dispute settlement system is adversarial and based on private law, in which affected third-party actors, such as indigenous peoples, have no standing and extremely limited opportunities to participate. Amicus submissions and participations at the request of States are grossly inadequate in a context where States and investors are involved in causing and benefiting from harm to indigenous peoples' rights.
- Body
- Special Rapporteur on the rights of indigenous peoples
- Document type
- Special Procedures' report
- Topic(s)
- Economic Rights
- Governance & Rule of Law
- Person(s) affected
- Ethnic minorities
- Year
- 2016
Paragraph
Analysis of the impacts of international investment agreements on the rights of indigenous peoples 2016, para. 68
- Paragraph text
- In their responses to questionnaires, a number of States pointed to the approach adopted by the European Union, which is to a degree reflected in chapter 8 of the Comprehensive Economic and Trade Agreement between Canada and the European Union, as a step towards reforming dispute resolution systems. Among its improved features is a revised model for appointing State party-nominated arbitrations, eliminating conflicts of interest arising from arbitrators who also act as council and expert, and gaining access to a full appellate review after awards have been rendered. The approach of Brazil in its recent bilateral investment treaties, which do not provide access to investor-State dispute settlements and instead rely on a combination of mediation and diplomatic approaches and State to State arbitration, is also noteworthy.
- Body
- Special Rapporteur on the rights of indigenous peoples
- Document type
- Special Procedures' report
- Topic(s)
- Economic Rights
- Governance & Rule of Law
- Person(s) affected
- Ethnic minorities
- Year
- 2016
Paragraph
Analysis of the impacts of international investment agreements on the rights of indigenous peoples 2016, para. 69
- Paragraph text
- In addition to acknowledging the need to reform dispute resolution systems, States emphasized the need to guarantee the regulatory space necessary for the realization of indigenous peoples' rights, including the requirement for prior consultation with the objective of free, prior and informed consent. The responses suggest that the intent and expectation of home and host States when entering into international investment agreements was not to place limitations on their ability to fulfil indigenous peoples' rights, the presumption being that the State maintains the right to regulate without facing compensation demands and that, where necessary, protections afforded to investors must be balanced in a proportionate manner against the duty to protect indigenous peoples' rights. The Special Rapporteur encourages more States to respond to her questionnaires, which are available in English, French and Spanish and will inform her final report on the issue.
- Body
- Special Rapporteur on the rights of indigenous peoples
- Document type
- Special Procedures' report
- Topic(s)
- Economic Rights
- Governance & Rule of Law
- Person(s) affected
- Ethnic minorities
- Year
- 2016
Paragraph
Analysis of the impacts of international investment agreements on the rights of indigenous peoples 2016, para. 83
- Paragraph text
- The Special Rapporteur believes that it is possible to develop a system of international investment law that reduces risk to indigenous peoples' rights and serves to benefit them and the State, while providing greater investment security to foreign investors. Both short- and longer-term reforms, at the level of international investment law and in domestic regulatory frameworks of home and host States, and in the policies, practices and obligations of investors, will be necessary in order to realize this.
- Body
- Special Rapporteur on the rights of indigenous peoples
- Document type
- Special Procedures' report
- Topic(s)
- Economic Rights
- Governance & Rule of Law
- Person(s) affected
- Ethnic minorities
- Year
- 2016
Paragraph
Analysis of the impacts of international investment agreements on the rights of indigenous peoples 2016, para. 101
- Paragraph text
- International and regional human rights bodies should continue to issue recommendations addressing the responsibilities of home and host States to regulate corporate behaviour and consider developing general recommendations or advisory opinions on the responsibility of home States in relation to indigenous peoples' rights and the intersection of investment protection and human rights.
- Body
- Special Rapporteur on the rights of indigenous peoples
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Person(s) affected
- Ethnic minorities
- Year
- 2016
Paragraph
Conservation measures and their impact on indigenous peoples’ rights 2016, para. 16
- Paragraph text
- Conservation efforts traditionally were state-centric and based on expropriation of lands subsequently placed under government control. Indigenous peoples were displaced, denied self-governance, deprived of access to natural resources for their livelihood and their traditional and spiritual links to ancestral land were disrupted. Marginalized and impoverished indigenous peoples have continued to struggle for access to their territories and tenure rights, resulting in enduring friction and conflict.
- Body
- Special Rapporteur on the rights of indigenous peoples
- Document type
- Special Procedures' report
- Topic(s)
- Environment
- Social & Cultural Rights
- Person(s) affected
- Ethnic minorities
- Year
- 2016
Paragraph
Conservation measures and their impact on indigenous peoples’ rights 2016, para. 25
- Paragraph text
- Article 12(1) of the International Covenant on Civil and Political Rights establishes the right to liberty of movement and freedom to choose one's residence. This provision includes protection against all forms of forced internal displacement. Persons whose rights or freedoms under the Covenant are violated shall have an effective remedy, as set out in article 2(3). In relation to forced evictions, the Committee on Economic and Social and Cultural Rights has affirmed that States must refrain from forced evictions and ensure that the law is enforced against its agents or third parties who carry out forced evictions. The Guiding Principles on Internal Displacement emphasize that States are under a particular obligation to protect against the displacement of indigenous peoples and other groups with a special dependency on and attachment to their lands (principle 9). Due to the special relationship that indigenous peoples have with their land and the profound impact forced displacement has on their survival, human rights treaty bodies have consistently expressed concerns over the forcible displacement of indigenous peoples and urged States to provide reparation, with emphasis on the obligation to provide restitution of their original lands. Reparation measures should be provided in accordance with international standards and, where appropriate, should entail elements of restitution, compensation, rehabilitation, satisfaction and guarantees of non-recurrence.
- Body
- Special Rapporteur on the rights of indigenous peoples
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Movement
- Social & Cultural Rights
- Person(s) affected
- Ethnic minorities
- Persons on the move
- Year
- 2016
Paragraph
Conservation measures and their impact on indigenous peoples’ rights 2016, para. 64
- Paragraph text
- If the designation of World Heritage sites is done constructively and with the consent of the indigenous peoples affected, such status could provide an effective contribution to conservation and the protection of indigenous rights. In 2011, the World Heritage Committee incorporated the uranium-rich Koongarra area into the Kakadu National Park World Heritage site, at the joint request of the Government of Australia and the indigenous landowners, the Djok clan, which in effect barred future mineral development in the area.
- Body
- Special Rapporteur on the rights of indigenous peoples
- Document type
- Special Procedures' report
- Topic(s)
- Environment
- Social & Cultural Rights
- Person(s) affected
- Ethnic minorities
- Year
- 2016
Paragraph
Analysis of the impacts of international investment agreements on the rights of indigenous peoples 2016, para. 5
- Paragraph text
- This research indicates that there are significant impacts on indigenous peoples' rights as a result of the international investment regime, in addition to the impacts of the investments themselves. These impacts are manifested in the subordination of those rights to investor protections, generally as a result of a phenomenon referred to as regulatory chill and serious deficiencies in the dispute resolution process instituted by the investment regime.
- Body
- Special Rapporteur on the rights of indigenous peoples
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Person(s) affected
- Ethnic minorities
- Year
- 2016
Paragraph
Analysis of the impacts of international investment agreements on the rights of indigenous peoples 2016, para. 18
- Paragraph text
- Human rights bodies have consequently clarified that economic growth or national development cannot be used as a basis for non-consensual infringements on the territorial and cultural rights of indigenous peoples. This is reinforced by the erga omnes nature of the right of all peoples to self-determination, the prohibition of racial discrimination and the fact that their protection is a matter of public interest.
- Body
- Special Rapporteur on the rights of indigenous peoples
- Document type
- Special Procedures' report
- Topic(s)
- Economic Rights
- Equality & Inclusion
- Social & Cultural Rights
- Person(s) affected
- Ethnic minorities
- Year
- 2016
Paragraph
Analysis of the impacts of international investment agreements on the rights of indigenous peoples 2016, para. 21
- Paragraph text
- This power imbalance is generally mirrored in the relationship between institutions established to protect indigenous peoples' rights and those responsible for promoting and facilitating natural resource exploitation. Therefore, even in jurisdictions with advanced legal frameworks, deep-rooted structural discrimination and vested interests can render ineffective the legal protections afforded to indigenous peoples.
- Body
- Special Rapporteur on the rights of indigenous peoples
- Document type
- Special Procedures' report
- Topic(s)
- Environment
- Governance & Rule of Law
- Person(s) affected
- Ethnic minorities
- Year
- 2016
Paragraph
Analysis of the impacts of international investment agreements on the rights of indigenous peoples 2016, para. 93b
- Paragraph text
- In accordance with the recommendations of the Special Rapporteur in her 2015 report to the General Assembly (A/70/301): (b) Human rights impact assessments should be conducted of all trade and investment agreements, following the impact assessments carried out as part of the Guiding Principles on Business and Human Rights developed by the Special Rapporteur on the right to food.
- Body
- Special Rapporteur on the rights of indigenous peoples
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Food & Nutrition
- Governance & Rule of Law
- Person(s) affected
- Ethnic minorities
- Year
- 2016
Paragraph
Analysis of the impacts of international investment agreements on the rights of indigenous peoples 2016, para. 86b
- Paragraph text
- International investment agreements must include properly constructed clauses in relation to the right to regulate. These clauses should: (b) Preserve that right in a manner explicitly consistent with the State duties to protect, respect and fulfil indigenous peoples' rights in accordance with international law obligations, including international human rights law;
- Body
- Special Rapporteur on the rights of indigenous peoples
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Person(s) affected
- Ethnic minorities
- Year
- 2016
Paragraph
Analysis of the impacts of international investment agreements on the rights of indigenous peoples 2016, para. 98b
- Paragraph text
- International investment agreements should: (b) Protect only bona fide investments. If evidence exists of inadequate human rights due diligence or corporate contribution to indigenous rights harms, there should be express provisions for the denial of the benefits of investor protection in terms of access to investor-State dispute settlements through a duty on tribunals to decline jurisdiction, with mechanisms to vitiate corporate rights in such contexts;
- Body
- Special Rapporteur on the rights of indigenous peoples
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Person(s) affected
- Ethnic minorities
- Year
- 2016
Paragraph
Analysis of the impacts of international investment agreements on the rights of indigenous peoples 2016, para. 99b
- Paragraph text
- States should consider: (b) Developing a mechanism for reviewing corporate compliance with their responsibility to respect human rights, drawing from existing processes, including United Nations treaty and charter bodies, OECD national contact points and international financial institutions' inspection panels, with a view to ensuring due weight is given to findings in any related investment dispute claims.
- Body
- Special Rapporteur on the rights of indigenous peoples
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Person(s) affected
- Ethnic minorities
- Year
- 2016
Paragraph
Analysis of the impacts of international investment agreements on the rights of indigenous peoples 2016, para. 98a
- Paragraph text
- International investment agreements should: (a) Address the corporate responsibility to respect human rights, including the requirement to conduct human rights due diligence, and to prevent, mitigate and remedy human rights' harms in which they may be involved, in particular in relation to vulnerable groups such as indigenous peoples;
- Body
- Special Rapporteur on the rights of indigenous peoples
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Person(s) affected
- Ethnic minorities
- Year
- 2016
Paragraph
Conservation measures and their impact on indigenous peoples’ rights 2016, para. 15
- Paragraph text
- Indigenous peoples retain strong spiritual links with the plants, trees and animals on their lands and protecting their lands is a sacred duty. Yet, indigenous peoples may not refer to themselves as conservationists and this has resulted in a considerable lack of acknowledgement within the conservation community of indigenous peoples' contribution to conservation. There is increasing recognition that the ancestral lands of indigenous peoples contain the most intact ecosystems and provide the most effective and sustainable form of conservation. Studies have demonstrated that the territories of indigenous peoples who have been given land rights have been significantly better conserved than the adjacent lands. Yet, to date, the important role played by indigenous peoples as environmental guardians has still failed to gain due recognition. According to the United Nations Environment Programme World Conservation Monitoring Centre, in 2014, less than 5 per cent of protected areas worldwide were governed by indigenous peoples and local communities.
- Body
- Special Rapporteur on the rights of indigenous peoples
- Document type
- Special Procedures' report
- Topic(s)
- Environment
- Social & Cultural Rights
- Person(s) affected
- Ethnic minorities
- Year
- 2016
Paragraph
Conservation measures and their impact on indigenous peoples’ rights 2016, para. 17
- Paragraph text
- From the conservation perspective, the loss of the guardianship of indigenous peoples and the placing of their lands under the control of government authorities who have often lacked the capacity and political will to protect the land effectively, has left such areas exposed to destructive settlement, extractive industries, illegal logging, agribusiness expansion and large-scale infrastructure development. Even where national policies and laws require strict protection for protected areas, in many countries State agencies have still authorized mining, oil and gas extraction, logging, dams and reservoirs, highways and other projects in direct conflict with conservation goals.
- Body
- Special Rapporteur on the rights of indigenous peoples
- Document type
- Special Procedures' report
- Topic(s)
- Environment
- Social & Cultural Rights
- Person(s) affected
- Ethnic minorities
- Year
- 2016
Paragraph
Conservation measures and their impact on indigenous peoples’ rights 2016, para. 66
- Paragraph text
- The management capacity of indigenous peoples is recognized as part of the new conservation paradigm. IUCN has committed to advocating for the recognition of "indigenous peoples and local community conserved territories and areas" in conservation policy as a new governance category. Yet, over the past decade only limited progress has been made towards their recognition and such governance still only exist in less than 5 per cent of all protected areas. Significant expansion of areas under indigenous management, coupled with solid partnerships with indigenous peoples for knowledge exchange, remain key opportunities for States and conservationists to operationalize the participation of indigenous peoples in conservation.
- Body
- Special Rapporteur on the rights of indigenous peoples
- Document type
- Special Procedures' report
- Topic(s)
- Environment
- Governance & Rule of Law
- Social & Cultural Rights
- Person(s) affected
- Ethnic minorities
- Year
- 2016
Paragraph
Conservation measures and their impact on indigenous peoples’ rights 2016, para. 67
- Paragraph text
- As the creation of protected areas and emerging conservation activities is further advanced by climate change initiatives, notably reducing emissions from deforestation and forest degradation in developing countries, and the role of conservation, sustainable management of forests, and enhancement of forest carbon stocks in developing countries, the active participation of indigenous peoples in these processes is essential to their sustainable success. The Special Rapporteur will continue to monitor these ongoing developments.
- Body
- Special Rapporteur on the rights of indigenous peoples
- Document type
- Special Procedures' report
- Topic(s)
- Environment
- Person(s) affected
- Ethnic minorities
- Year
- 2016
Paragraph
Conservation measures and their impact on indigenous peoples’ rights 2016, para. 19
- Paragraph text
- Furthermore, among the principal challenges that indigenous peoples continue to face globally are difficulties in gaining legal recognition of collective ownership over their ancestral lands, especially when these have already been declared protected territories. National legislation is often contradictory. Laws pertaining to conservation and forestry are commonly not harmonized with subsequent national legislation and international law asserting the rights of indigenous peoples and the authorities responsible for enforcement of the different laws frequently fail to coordinate.
- Body
- Special Rapporteur on the rights of indigenous peoples
- Document type
- Special Procedures' report
- Topic(s)
- Environment
- Governance & Rule of Law
- Social & Cultural Rights
- Person(s) affected
- Ethnic minorities
- Year
- 2016
Paragraph
Conservation measures and their impact on indigenous peoples’ rights 2016, para. 29
- Paragraph text
- In the African human rights system, the African Commission on Human and People's Rights held in the case of Endorois Welfare Council v. Kenya that the rights of the Endorois had been violated when they were denied access to their traditional lands after the lands were turned into a game reserve in 1973. The Commission found that the Kenyan State was obliged to recognize the communal land rights of the Endorois indigenous peoples and provide compensation and restitution by returning the lands or by providing alternative lands of equal extent and quality in agreement with the indigenous community. Importantly, the Commission found that, although their land had become a game reserve, the Endorois were its ancestral guardians and thus best equipped to maintain its delicate ecosystem and that their alienation from their land threatened their cultural survival and thus the encroachment was not proportionate to the public need.
- Body
- Special Rapporteur on the rights of indigenous peoples
- Document type
- Special Procedures' report
- Topic(s)
- Environment
- Social & Cultural Rights
- Person(s) affected
- Ethnic minorities
- Year
- 2016
Paragraph
Analysis of the impacts of international investment agreements on the rights of indigenous peoples 2016, para. 6
- Paragraph text
- The present report is the second of three that the Rapporteur dedicates to this issue. She has previously introduced the topic and touched on some of the impacts of international investment agreements on indigenous peoples' rights and the more systemic issues associated with the international investment law regime. In the present report, she seeks to further contextualize and examine those impacts by focusing on cases involving such agreements and rights. In her final report, she will reflect on the standards of protections that those agreements afford and contextualize them in the light of developments in international human rights law and the sustainable development agenda as they pertain to indigenous peoples.
- Body
- Special Rapporteur on the rights of indigenous peoples
- Document type
- Special Procedures' report
- Topic(s)
- Economic Rights
- Governance & Rule of Law
- Person(s) affected
- Ethnic minorities
- Year
- 2016
Paragraph
Analysis of the impacts of international investment agreements on the rights of indigenous peoples 2016, para. 9
- Paragraph text
- International investment agreements tend to follow a standard format, with provisions on: prohibiting expropriation or "regulatory taking" without compensation; national treatment or non-discrimination, meaning that foreign investors are treated no less favourably than domestic investors; "most favoured nation treatment", requiring the same standard of treatment available to other foreign investors; "fair and equitable treatment", or "minimum international standards of treatment", which can be very broad in scope, generally including protection of investors' "legitimate expectations";and full protection and security for investments.
- Body
- Special Rapporteur on the rights of indigenous peoples
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Governance & Rule of Law
- Person(s) affected
- Ethnic minorities
- Year
- 2016
Paragraph
Analysis of the impacts of international investment agreements on the rights of indigenous peoples 2016, para. 34
- Paragraph text
- International human rights law recognizes that in certain contexts restrictions can be placed on indigenous peoples' property rights. However, to be legitimate, such restrictions must be: (a) established by law; (b) necessary; (c) proportional to their purpose; and (d) non-restrictive to the peoples' survival. It affirms that, in the context of indigenous peoples' property rights, these conditions imply that good-faith consultations must be held to obtain free, prior and informed consent before any measures affecting those property rights can be considered legitimate.
- Body
- Special Rapporteur on the rights of indigenous peoples
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Governance & Rule of Law
- Social & Cultural Rights
- Person(s) affected
- Ethnic minorities
- Year
- 2016
Paragraph
Analysis of the impacts of international investment agreements on the rights of indigenous peoples 2016, para. 35
- Paragraph text
- Inadequate respect and protections for indigenous peoples' land and free, prior and informed consent rights when granting rights to investors over their territories are the root causes for subsequent and broader violations of indigenous peoples' rights. In such contexts, international investment agreements that fail to recognize international human rights law obligations contribute to the subordination of indigenous peoples' rights to investor protections, as those protections become an obstacle to future recognition of indigenous peoples' pre-existing rights.
- Body
- Special Rapporteur on the rights of indigenous peoples
- Document type
- Special Procedures' report
- Topic(s)
- Economic Rights
- Governance & Rule of Law
- Social & Cultural Rights
- Person(s) affected
- Ethnic minorities
- Year
- 2016
Paragraph
Conservation measures and their impact on indigenous peoples’ rights 2016, para. 58
- Paragraph text
- Many States are still encumbered with legal, regulatory, and institutional frameworks developed for a strict wilderness conservation model. Commonly, agencies for protected areas and cultural heritage were institutionally separated from other government bodies to protect them from corruption and commercial interests. Independent or semi-independent agencies were given sovereign responsibility for decisions within protected areas in contradiction to other constitutional and legal provisions protecting the rights of indigenous peoples, resulting in overlapping jurisdictions.
- Body
- Special Rapporteur on the rights of indigenous peoples
- Document type
- Special Procedures' report
- Topic(s)
- Environment
- Governance & Rule of Law
- Social & Cultural Rights
- Person(s) affected
- Ethnic minorities
- Year
- 2016
Paragraph
Conservation measures and their impact on indigenous peoples’ rights 2016, para. 59
- Paragraph text
- An analysis undertaken by the NGO Rights and Resources Initiative in 2015 of 21 countries where conflicts affect indigenous peoples in protected areas concluded that inadequate, inconsistent and poorly implemented legislation is a key obstacle to advancing rights-based conservation. The same report noted that legal reforms undertaken since the 2003 World Parks Congress provide a measure of the response of countries to the "new paradigm" articulated in the Durban Accord. Their review of new legislation adopted between 2003 and 2014 showed that these years have largely represented a missed opportunity. Only 8 of the 21 countries enacted or reformed their protected area legislation related to community land and resource rights during this time period. Where such reforms occurred, they mostly focused on enabling co-management or making provisions for communities who already owned land to include their lands in national protected-area systems.
- Body
- Special Rapporteur on the rights of indigenous peoples
- Document type
- Special Procedures' report
- Topic(s)
- Environment
- Governance & Rule of Law
- Social & Cultural Rights
- Person(s) affected
- Ethnic minorities
- Year
- 2016
Paragraph
Conservation measures and their impact on indigenous peoples’ rights 2016, para. 60
- Paragraph text
- Protected areas overlap with World Heritage sites in multiple instances. As raised by the previous Special Rapporteur (see A/67/301, paras. 33-42), the impact on indigenous peoples of the United Nations Educational, Scientific and Cultural Organization (UNESCO) World Heritage sites is a recurring concern, notably because, on numerous occasions, these sites have been declared without consultation with indigenous peoples and have a serious negative impact upon their rights. Protected areas with heritage status have in several instances resulted in forced removal of indigenous peoples or significant restrictions on their access to livelihood resources and sacred sites. Furthermore, heritage listings often lead to an unprecedented increase in tourism. Yet, the Operational Guidelines for Implementation of the World Heritage Convention, which set out the procedure for the inscription of properties on the World Heritage list and the protection and conservation of sites, do not require participation by indigenous peoples. All three of the United Nations mechanisms dedicated specifically to promoting the rights of indigenous peoples, namely, the United Nations Permanent Forum on Indigenous Issues, the Expert Mechanism on the Rights of Indigenous Peoples and the Special Rapporteur, have called for reforms on how the Convention is applied, underlining the urgent need to reform the Operational Guidelines through which potential heritage sites are assessed, so that they are aligned with the Declaration on the Rights of Indigenous Peoples and adopt procedures to ensure indigenous peoples' free, prior and informed consent.
- Body
- Special Rapporteur on the rights of indigenous peoples
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Social & Cultural Rights
- Person(s) affected
- Ethnic minorities
- Year
- 2016
Paragraph
Conservation measures and their impact on indigenous peoples’ rights 2016, para. 46
- Paragraph text
- Most conservation organizations recognize that additional resources are needed for the dissemination of policies and for training of staff at the national level in order to advance the practical application of policies and guidelines on indigenous peoples' rights. Furthermore, monitoring of compliance and progress in advancing indigenous peoples' rights in practice still remains sorely lacking in many conservation organizations. Without such indicators, assessments of progress cannot be properly undertaken and transparency regarding how indigenous peoples' rights are promoted in practice will remain deficient.
- Body
- Special Rapporteur on the rights of indigenous peoples
- Document type
- Special Procedures' report
- Topic(s)
- Environment
- Equality & Inclusion
- Governance & Rule of Law
- Social & Cultural Rights
- Person(s) affected
- Ethnic minorities
- Year
- 2016
Paragraph
Conservation measures and their impact on indigenous peoples’ rights 2016, para. 38
- Paragraph text
- Protected areas in countries which have failed to undertake legal reforms and recognition of collective land rights for indigenous peoples have been marred by the highest and most persistent incidence of human rights violations against indigenous peoples. Furthermore, conservation efforts in countries where indigenous peoples remain marginalized have had the least sustainable and successful outcomes, which has prompted scrutiny of international conservation policies. Despite the fact that conservation is gradually embracing a human rights-based approach, significant challenges remain in ensuring its effective implementation.
- Body
- Special Rapporteur on the rights of indigenous peoples
- Document type
- Special Procedures' report
- Topic(s)
- Environment
- Governance & Rule of Law
- Social & Cultural Rights
- Person(s) affected
- Ethnic minorities
- Year
- 2016
Paragraph
Analysis of the impacts of international investment agreements on the rights of indigenous peoples 2016, para. 43
- Paragraph text
- In Von Pezold and Border Timbers v. Zimbabwe (2015), the company claimed expropriation under the bilateral investment treaties between Germany and Zimbabwe and between Switzerland and Zimbabwe in the context of the State's taking of land. Four indigenous communities, whose traditional lands were the subject of proceedings, submitted an amicus submission claiming that the State and the company had human rights obligations towards them. In its preliminary order of June 2012, the International Centre for Settlement of Investment Disputes tribunal acknowledged their claims to the lands and that its determinations may well have an impact on the interests of the indigenous communities. However, the tribunal rejected their amicus submission on the grounds that: (a) the communities and their chiefs lacked "independence", as they were associated with people affiliated to the Government, and therefore the claimants may be unfairly prejudiced by their participation; (b) it was not in a position to decide if they were indigenous or not and lacked the competence to interpret indigenous peoples' rights; (c) it was not persuaded that consideration of international human rights law obligations, including, article 26 of the United Nations Declaration on the Rights of Indigenous Peoples was part of its mandate, and rules of general international law did not necessarily extend to international human rights law; and (d) neither the State nor the company had raised indigenous rights issues. It concluded that the putative rights of the indigenous communities as "indigenous peoples" under international human rights law was a matter outside of the scope of the dispute.
- Body
- Special Rapporteur on the rights of indigenous peoples
- Document type
- Special Procedures' report
- Topic(s)
- Economic Rights
- Governance & Rule of Law
- Social & Cultural Rights
- Person(s) affected
- Ethnic minorities
- Year
- 2016
Paragraph
Analysis of the impacts of international investment agreements on the rights of indigenous peoples 2016, para. 96b
- Paragraph text
- Investment dispute settlement bodies addressing cases having an impact on indigenous peoples' rights should promote the convergence of human rights and international investment agreements by: (b) According due consideration to international human rights law when interpreting investment protections and the definition of an investment and ensuring that their decisions respect the State's duty to regulate under that law, irrespective of whether the right to regulate is explicitly affirmed in the relevant international investment agreements;
- Body
- Special Rapporteur on the rights of indigenous peoples
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Person(s) affected
- Ethnic minorities
- Year
- 2016
Paragraph
Conservation measures and their impact on indigenous peoples’ rights 2016, para. 50
- Paragraph text
- Several conservation organizations, including IUCN, WWF and Conservation International reported that they engage regularly with indigenous international forums or that they support the participation of indigenous representatives at key debates on environment and conservation. Some conservation organizations have established advisory bodies consisting of indigenous peoples and have ensured that indigenous peoples are represented in senior positions within their organization, including on their boards. In a positive development, IUCN is currently revising its membership requirements, in order to enable more indigenous organizations to join and formally engage in discussions on conservation policy and practice.
- Body
- Special Rapporteur on the rights of indigenous peoples
- Document type
- Special Procedures' report
- Topic(s)
- Environment
- Equality & Inclusion
- Governance & Rule of Law
- Social & Cultural Rights
- Person(s) affected
- Ethnic minorities
- Year
- 2016
Paragraph
Analysis of the impacts of international investment agreements on the rights of indigenous peoples 2016, para. 96a
- Paragraph text
- Investment dispute settlement bodies addressing cases having an impact on indigenous peoples' rights should promote the convergence of human rights and international investment agreements by: (a) Adopting approaches based on international human rights law when weighing up all rights related to a given dispute, addressing issues of necessity based on human rights imperatives such as the elimination of racial discrimination, applying the principle of proportionality and acknowledging the profound impacts of large-scale projects on indigenous peoples' self-determination rights and well-being;
- Body
- Special Rapporteur on the rights of indigenous peoples
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Governance & Rule of Law
- Person(s) affected
- Ethnic minorities
- Year
- 2016
Paragraph
Analysis of the impacts of international investment agreements on the rights of indigenous peoples 2016, para. 86a
- Paragraph text
- International investment agreements must include properly constructed clauses in relation to the right to regulate. These clauses should: (a) Avoid the use of qualifying language with respect to the right to regulate in the public interest;
- Body
- Special Rapporteur on the rights of indigenous peoples
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Person(s) affected
- Ethnic minorities
- Year
- 2016
Paragraph
Analysis of the impacts of international investment agreements on the rights of indigenous peoples 2016, para. 87
- Paragraph text
- Mechanisms should be developed to amend existing international investment agreements to include the right to regulate and to mandate respect for human rights.
- Body
- Special Rapporteur on the rights of indigenous peoples
- Document type
- Special Procedures' report
- Topic(s)
- Economic Rights
- Governance & Rule of Law
- Person(s) affected
- Ethnic minorities
- Year
- 2016
Paragraph
Conservation measures and their impact on indigenous peoples’ rights 2016, para. 32
- Paragraph text
- In view of the targets set by the parties to the Convention to expand protected area coverage to at least 17 per cent of terrestrial and inland water areas and 10 per cent of coastal and marine areas by 2020, the Special Rapporteur stresses that States and conservation organizations need to implement measures to recognize the rights of indigenous peoples as a matter of priority.
- Body
- Special Rapporteur on the rights of indigenous peoples
- Document type
- Special Procedures' report
- Topic(s)
- Environment
- Governance & Rule of Law
- Person(s) affected
- Ethnic minorities
- Year
- 2016
Paragraph
Analysis of the impacts of international investment agreements on the rights of indigenous peoples 2016, para. 7
- Paragraph text
- In doing so, the Special Rapporteur seeks to promote coherence in international investment law and international human rights law and ensure that State fulfilment of duties pertaining to indigenous peoples' rights is not obstructed by protections afforded to investors.
- Body
- Special Rapporteur on the rights of indigenous peoples
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Person(s) affected
- Ethnic minorities
- Year
- 2016
Paragraph
Analysis of the impacts of international investment agreements on the rights of indigenous peoples 2016, para. 53
- Paragraph text
- Addressing the consultation and consent requirements, the State argues that the company had been responsible for engaging with and learning the concerns of the indigenous peoples affected by the project but had failed to consult with and obtain the consent of all the affected indigenous peoples and communities, as it had been required to do under relevant international human rights law standards, Peruvian law, practices recommended by the Government of Canada and the International Council on Mining and Metals guidelines. In that regard, it argues that Peruvian law serves to implement the ILO Indigenous and Tribal Peoples Convention, 1989 (No. 169), which requires prior consultation and in practice is a "consent" requirement. It states that it was incumbent on the company not only to go through the motions of consulting with affected indigenous communities, and that it must in fact obtain prior approval as, without that approval or consent, the project cannot succeed. It also states that the company would not have obtained consent had the months of violent protests in opposition to it been predicted. Instead, the company's support had come from a handful of communities in the area of influence of the project and not from the neighbouring communities that would also be affected by the project and who opposed it. This selective and divisive approach to consultation served to fuel discontent and conflict with cross border implications.
- Body
- Special Rapporteur on the rights of indigenous peoples
- Document type
- Special Procedures' report
- Topic(s)
- Economic Rights
- Environment
- Governance & Rule of Law
- Person(s) affected
- Ethnic minorities
- Year
- 2016
Paragraph
Analysis of the impacts of international investment agreements on the rights of indigenous peoples 2016, para. 103d
- Paragraph text
- Host States must comply with their duty to regulate in relation to indigenous peoples' rights to: (d) Good-faith prior consultation to give or withhold free, prior and informed consent in relation to measures affecting their rights;
- Body
- Special Rapporteur on the rights of indigenous peoples
- Document type
- Special Procedures' report
- Topic(s)
- Economic Rights
- Equality & Inclusion
- Governance & Rule of Law
- Person(s) affected
- Ethnic minorities
- Year
- 2016
Paragraph
Analysis of the impacts of international investment agreements on the rights of indigenous peoples 2016, para. 104
- Paragraph text
- Governmental bodies responsible for protecting indigenous peoples' rights should ensure that information is made available to foreign investors addressing the need to respect indigenous peoples' rights and the State's obligation to progressively realize those rights.
- Body
- Special Rapporteur on the rights of indigenous peoples
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Governance & Rule of Law
- Person(s) affected
- Ethnic minorities
- Year
- 2016
Paragraph
Analysis of the impacts of international investment agreements on the rights of indigenous peoples 2016, para. 106
- Paragraph text
- International financial institutions, including the World Bank, must implement their performance standards in a manner consistent with developments in international human rights law standards, including in relation to the requirement for free, prior and informed consent.
- Body
- Special Rapporteur on the rights of indigenous peoples
- Document type
- Special Procedures' report
- Topic(s)
- Economic Rights
- Equality & Inclusion
- Governance & Rule of Law
- Person(s) affected
- Ethnic minorities
- Year
- 2016
Paragraph
Conservation measures and their impact on indigenous peoples’ rights 2016, para. 18
- Paragraph text
- Mobilization of indigenous peoples' movements has led to advances in international law recognizing their collective right to their traditional lands and growing awareness among conservationists of the important role indigenous peoples play in conserving biodiversity are factors which have led to relatively recent, yet significant, shifts towards greater recognition of indigenous peoples' rights in the context of conservation. Leading conservation organizations have adopted commitments and policies seeking to adopt a "new paradigm" of undertaking conservation, while respecting the rights of indigenous peoples. However, significant gaps remain between these policies and their effective implementation on the ground.
- Body
- Special Rapporteur on the rights of indigenous peoples
- Document type
- Special Procedures' report
- Topic(s)
- Environment
- Governance & Rule of Law
- Social & Cultural Rights
- Person(s) affected
- Ethnic minorities
- Year
- 2016
Paragraph
Conservation measures and their impact on indigenous peoples’ rights 2016, para. 69
- Paragraph text
- Full recognition of indigenous land rights and participation are key enabling conditions for conservation to be sustained. The Durban Action Plan which states that all existing and future protected areas shall be managed and established in full compliance with the rights of indigenous peoples and the Sydney Vision which promised that there should be redress and remedy for past and continuing injustices in accord with international agreements are powerful commitments of the conservation community. The Special Rapporteur believes that the effective implementation of these commitments can operationalize the human rights-based conservation paradigm.
- Body
- Special Rapporteur on the rights of indigenous peoples
- Document type
- Special Procedures' report
- Topic(s)
- Environment
- Governance & Rule of Law
- Social & Cultural Rights
- Person(s) affected
- Ethnic minorities
- Year
- 2016
Paragraph
Conservation measures and their impact on indigenous peoples’ rights 2016, para. 41
- Paragraph text
- [The Accord called upon the Conference of the Parties to the Convention on Biological Diversity to ensure that indigenous peoples and local communities fully participate in the establishment and management of protected areas and that mechanisms be put in place to guarantee that they share the benefits from these areas. Likewise, protected area authorities were encouraged to promote the conditions and ensure the means for the effective engagement of indigenous peoples, local communities and other local stakeholders in conservation. The Action Plan relating to the recognition and guaranteeing of indigenous peoples' rights set out three major targets:] Participatory mechanisms for the restitution of indigenous peoples' traditional lands and territories that were incorporated in protected areas without their free and informed consent shall be established and implemented by 2010.
- Body
- Special Rapporteur on the rights of indigenous peoples
- Document type
- Special Procedures' report
- Topic(s)
- Environment
- Governance & Rule of Law
- Social & Cultural Rights
- Person(s) affected
- Ethnic minorities
- Year
- 2016
Paragraph
Conservation measures and their impact on indigenous peoples’ rights 2016, para. 11
- Paragraph text
- While the conservation community is in the process of adopting conservation measures that respect the human rights of indigenous peoples, considerable implementation gaps remain and new threats to human rights-based conservation are emerging. The Special Rapporteur has therefore decided that it is a timely and important moment to explore this topic in further depth. The present report charts legal developments and commitments and measures taken made to advance a human rights-based paradigm in conservation, while also identifying certain key remaining challenges. The report concludes with recommendations on how conservation, in policy and practice, can be developed in a manner which respects indigenous peoples' rights and enhances sustainable conservation.
- Body
- Special Rapporteur on the rights of indigenous peoples
- Document type
- Special Procedures' report
- Topic(s)
- Environment
- Governance & Rule of Law
- Social & Cultural Rights
- Person(s) affected
- Ethnic minorities
- Year
- 2016
Paragraph
Conservation measures and their impact on indigenous peoples’ rights 2016, para. 13
- Paragraph text
- Protected areas have the potential of safeguarding biodiversity for the benefit of all humanity; however, these have also been associated with human rights violations against indigenous peoples in many parts of the world. For over a century, conservation was carried out with the aim of vacating protected areas of all human presence, leading to cultural destruction and large-scale displacements of indigenous peoples from their ancestral lands in the name of conservation. Past conservation measures caused complex and multiple violations of the collective and individual human rights of indigenous peoples.
- Body
- Special Rapporteur on the rights of indigenous peoples
- Document type
- Special Procedures' report
- Topic(s)
- Environment
- Social & Cultural Rights
- Person(s) affected
- Ethnic minorities
- Year
- 2016
Paragraph
Analysis of the impacts of international investment agreements on the rights of indigenous peoples 2016, para. 33
- Paragraph text
- International human rights law and international investment agreements play significant roles in governing the behaviour of host States in relation to resource extraction in or near indigenous peoples' territories. Agreements serve to protect and regulate property rights of investors related to the exploitation or use of land and resources. Those rights can come into direct conflict with the pre-existing - but not necessarily formally recognized and titled - inherent customary law and possession-based property rights of indigenous peoples protected under international human rights law.
- Body
- Special Rapporteur on the rights of indigenous peoples
- Document type
- Special Procedures' report
- Topic(s)
- Economic Rights
- Environment
- Governance & Rule of Law
- Person(s) affected
- Ethnic minorities
- Year
- 2016
Paragraph
Analysis of the impacts of international investment agreements on the rights of indigenous peoples 2016, para. 10
- Paragraph text
- International investment agreements also typically provide investors with access to an investor-State dispute settlement process, whereby investors can bring arbitration cases against a host State for alleged failures to protect their investments in accordance with the provisions in the agreements. There is generally no obligation to exhaust domestic remedies or appeals system, and minimal transparency or opportunities for third-party intervention. Awards are enforceable through the acquisition of a State's overseas assets, are not subject to any financial limitations and can run into billions of dollars.
- Body
- Special Rapporteur on the rights of indigenous peoples
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Person(s) affected
- Ethnic minorities
- Year
- 2016
Paragraph
Conservation measures and their impact on indigenous peoples’ rights 2016, para. 57
- Paragraph text
- In India, Adivasis and tribal peoples have been evicted from tiger reserves for decades, often without any form of reparation. This continues to occur despite the Forest Rights Act of 2006, which only allows displacement from "critical wildlife habitats" if scientifically determined that the habitat is being damaged irreversibly and that co-existence is not possible. The Forest Rights Act stipulates that even then, displacement can only be carried out after obtaining free, prior and informed consent. In practice, however, displacement from protected areas continues across India through a combination of misinterpretation, coercion, and inducement. Reportedly, tribal peoples have faced prosecution for "offences" in protected areas, such as the traditional practice of collecting honey.
- Body
- Special Rapporteur on the rights of indigenous peoples
- Document type
- Special Procedures' report
- Topic(s)
- Environment
- Person(s) affected
- Ethnic minorities
- Persons on the move
- Year
- 2016
Paragraph
Conservation measures and their impact on indigenous peoples’ rights 2016, para. 35
- Paragraph text
- The exclusionary "fortress" approach to protected-area management spread across North America, to Africa, Australia, New Zealand, the Russian Federation and to parts of Asia and Latin America. It remained the dominant model of protected-area management for more than a century and its State-centric legacy still has significant impact on today's conservation efforts. Although a full accounting will never be possible, owing to lack of accurate records, there is abundant evidence that large numbers of indigenous persons were dispossessed. Estimates of the number that may have been displaced worldwide run into the millions.
- Body
- Special Rapporteur on the rights of indigenous peoples
- Document type
- Special Procedures' report
- Topic(s)
- Environment
- Governance & Rule of Law
- Social & Cultural Rights
- Person(s) affected
- Ethnic minorities
- Year
- 2016
Paragraph
Conservation measures and their impact on indigenous peoples’ rights 2016, para. 36
- Paragraph text
- From the perspective of indigenous peoples, the creation of protected areas was perceived as colonialist, as the consequences for indigenous peoples who experienced them spelled subjugation and the loss of lands, autonomy and self-governance, livelihood resources as well as the rupture of cultural and spiritual links. Protected areas under State control imposed new laws and forms of control by Government institutions. In this sense, protected areas were seen as a vehicle for coercive assimilation by indigenous peoples. Many of the egregious human rights violations against indigenous peoples which took place in the name of conservation occurred before the 1980s, such as forced displacement following the creation of African game parks. In many countries the ongoing legacy of these violations continues to affect their exercise of their rights.
- Body
- Special Rapporteur on the rights of indigenous peoples
- Document type
- Special Procedures' report
- Topic(s)
- Environment
- Governance & Rule of Law
- Social & Cultural Rights
- Person(s) affected
- Ethnic minorities
- Year
- 2016
Paragraph
Conservation measures and their impact on indigenous peoples’ rights 2016, para. 37
- Paragraph text
- New approaches to conservation have emerged during the past two decades. Indigenous peoples mobilized and started to pursue their customary land rights with the support of evolving international legal standards in favour of their rights in the 1970s and 1980s. States, in turn, began reforms to legally recognize some of these rights, notably in South America. In Colombia (1991) and in Brazil (1998) indigenous land rights became constitutionally entrenched. Protected-areas policies were gradually changed towards recognition of indigenous land rights in Australia, Canada and New Zealand. Since the mid-1990s, the Australian Government has provided native title for indigenous peoples and supported co-management or their own management of protected areas.
- Body
- Special Rapporteur on the rights of indigenous peoples
- Document type
- Special Procedures' report
- Topic(s)
- Environment
- Governance & Rule of Law
- Social & Cultural Rights
- Person(s) affected
- Ethnic minorities
- Year
- 2016
Paragraph
Conservation measures and their impact on indigenous peoples’ rights 2016, para. 48
- Paragraph text
- Examples of best practice reported include the mapping exercise facilitated by IUCN in Central America, which identified that the bulk of remaining forests and marine resources are within or bordering indigenous traditional lands. According to IUCN, the initiative provided a clear indication of the value and importance of supporting indigenous rights and tenure to meet conservation goals. WWF Indonesia states that, over the past five years, it has moved from including work with indigenous peoples under conservation targets to making it a specific target in itself, notably through working directly with indigenous peoples to document and integrate their territories in government plans, with a view to building stronger recognition of indigenous peoples' rights and more effective and equitable governance. WWF Cameroon is advocating with the Government for formalized national free, prior and informed consent requirements and guidelines. Additional examples of positive practices reported are support by transnational corporations for securing collective land rights in Indonesia and the United Republic of Tanzania.
- Body
- Special Rapporteur on the rights of indigenous peoples
- Document type
- Special Procedures' report
- Topic(s)
- Environment
- Governance & Rule of Law
- Social & Cultural Rights
- Person(s) affected
- Ethnic minorities
- Year
- 2016
Paragraph
Conservation measures and their impact on indigenous peoples’ rights 2016, para. 49
- Paragraph text
- Most conservation organizations lack complaints and grievance mechanisms or are in the initial stages of developing such measures. As a positive initiative, Conservation International is currently designing a complaints mechanism, to be effective in 14 countries, in consultation with indigenous communities. In 2011, IUCN established the Whakatane Mechanism to undertake assessments with recommendations, in order to mediate in situations where indigenous peoples have been negatively affected by conservation measures. The first two pilot assessments took place in 2011 and 2012, in Mount Elgon, Kenya and in Ob Luang National Park, Thailand. Implementation of the mechanism has, however, stalled and requires additional resources and support from IUCN members to become operational.
- Body
- Special Rapporteur on the rights of indigenous peoples
- Document type
- Special Procedures' report
- Topic(s)
- Environment
- Governance & Rule of Law
- Social & Cultural Rights
- Person(s) affected
- Ethnic minorities
- Year
- 2016
Paragraph
Analysis of the impacts of international investment agreements on the rights of indigenous peoples 2016, para. 96d
- Paragraph text
- Investment dispute settlement bodies addressing cases having an impact on indigenous peoples' rights should promote the convergence of human rights and international investment agreements by: (d) Ensuring that applicable law includes all international human rights law treaties ratified by either State party, and the United Nations Declaration on the Rights of Indigenous Peoples as an interpretative guide for their application to indigenous peoples;
- Body
- Special Rapporteur on the rights of indigenous peoples
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Social & Cultural Rights
- Person(s) affected
- Ethnic minorities
- Year
- 2016
Paragraph
Analysis of the impacts of international investment agreements on the rights of indigenous peoples 2016, para. 81
- Paragraph text
- Harmonizing international investment law with international human rights law is a fundamental precondition to addressing this legitimacy crisis, to respecting indigenous peoples' rights and to ensuring a coherent body of international law. By ensuring that international investment agreements do not restrict regulatory space, and by taking measures to protect indigenous peoples' rights in the context of investor activities, States can prevent costly investor-State dispute settlement cases and eliminate uncertainty around the limits that international investment law places on both State and indigenous peoples' sovereignty. In addition, by invoking international human rights law arguments in settlement disputes, States will increase the pressure on investors to conduct adequate human rights due diligence prior to initiating settlement disputes.
- Body
- Special Rapporteur on the rights of indigenous peoples
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Person(s) affected
- Ethnic minorities
- Year
- 2016
Paragraph
Analysis of the impacts of international investment agreements on the rights of indigenous peoples 2016, para. 72
- Paragraph text
- The Maori of New Zealand are the only indigenous people addressed in the exception chapter. The provision permits "favourable treatment to Maori" and excludes interpretation of the Treaty of Waitangi from investor-State dispute settlements. However, the Maori regard the exception to be inadequate. Having expressed its concerns in relation to the potential impacts of investor-State dispute settlements, the Waitangi Tribunal recommended that the Maori participate in the appointment of arbitrators where their rights are affected.
- Body
- Special Rapporteur on the rights of indigenous peoples
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Person(s) affected
- Ethnic minorities
- Year
- 2016
Paragraph
Conservation measures and their impact on indigenous peoples’ rights 2016, para. 9
- Paragraph text
- The three Special Rapporteurs on the rights of indigenous peoples have, since the creation of the mandate, paid particular attention to the human rights violations that conservation measures have caused indigenous peoples worldwide, notably by the expropriation of land, forced displacement, denial of self-governance, lack of access to livelihoods and loss of culture and spiritual sites, non-recognition of their own authorities and denial of access to justice and reparation, including restitution and compensation.
- Body
- Special Rapporteur on the rights of indigenous peoples
- Document type
- Special Procedures' report
- Topic(s)
- Environment
- Governance & Rule of Law
- Movement
- Social & Cultural Rights
- Person(s) affected
- Ethnic minorities
- Year
- 2016
Paragraph
Conservation measures and their impact on indigenous peoples’ rights 2016, para. 34
- Paragraph text
- Such protected areas were based on the following assumptions: protected areas should be created and governed by States; the goal of protected areas should be strict nature preservation with emphasis on biodiversity conservation and protected area management required protected areas to be uninhabited and without human use of natural resources. In its worst forms, coercive force was considered legally and morally justified to remove resident peoples and protect biodiversity.
- Body
- Special Rapporteur on the rights of indigenous peoples
- Document type
- Special Procedures' report
- Topic(s)
- Environment
- Governance & Rule of Law
- Social & Cultural Rights
- Person(s) affected
- Ethnic minorities
- Year
- 2016
Paragraph
Analysis of the impacts of international investment agreements on the rights of indigenous peoples 2016, para. 64
- Paragraph text
- The limited and inconsistent role that tribunals attribute in their deliberations to amicus submissions of indigenous peoples also emerges from the cases. The basis in Von Pezold and Border Timbers v. Zimbabwe for rejecting the amicus submission raises a number of profound concerns should it guide future tribunals, as South American Silver suggests it should.
- Body
- Special Rapporteur on the rights of indigenous peoples
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Person(s) affected
- Ethnic minorities
- Year
- 2016
Paragraph
Analysis of the impacts of international investment agreements on the rights of indigenous peoples 2016, para. 65
- Paragraph text
- The notion that indigenous peoples must demonstrate "independence" from the State in relation to matters pertaining to their rights is inconsistent with the State's role as the duty-bearer in relation to those rights. Equally alarming, and contrary to international human rights law, is the tribunal's dismissal of the fundamental role of self-identification in the determination of what constitutes an indigenous people.
- Body
- Special Rapporteur on the rights of indigenous peoples
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Governance & Rule of Law
- Social & Cultural Rights
- Person(s) affected
- Ethnic minorities
- Year
- 2016
Paragraph
Conservation measures and their impact on indigenous peoples’ rights 2016, para. 21
- Paragraph text
- While human rights-based approaches to conservation have become widely accepted among conservation NGOs, their internal policy documents are at times elusive regarding the specific rights of indigenous peoples. This underlines the importance of reiterating the key applicable legal provisions.
- Body
- Special Rapporteur on the rights of indigenous peoples
- Document type
- Special Procedures' report
- Topic(s)
- Environment
- Governance & Rule of Law
- Social & Cultural Rights
- Person(s) affected
- Ethnic minorities
- Year
- 2016
Paragraph
Conservation measures and their impact on indigenous peoples’ rights 2016, para. 84
- Paragraph text
- [To donors:] Provide direct funding to better support indigenous peoples' own initiatives for conservation.
- Body
- Special Rapporteur on the rights of indigenous peoples
- Document type
- Special Procedures' report
- Topic(s)
- Environment
- Person(s) affected
- Ethnic minorities
- Year
- 2016
Paragraph
Conservation measures and their impact on indigenous peoples’ rights 2016, para. 68
- Paragraph text
- While the high rate of biodiversity in indigenous ancestral lands is well established, the contribution of indigenous peoples to conservation has yet to be fully acknowledged. Although a new rights-based paradigm to conservation has been advancing during the last decades, it remains in its initial stages of being applied. Rights-based conservation measures continue to be hampered by the legacy of past violations and by the lack of legal recognition by States of indigenous peoples' rights. Conservation organizations and indigenous organizations could be powerful allies in their mutually shared goals to safeguard biodiversity and protect nature from external threats such as unsustainable resource exploitation. Protected areas continue to expand, yet threats against them from extractive industry, energy and infrastructure projects are also increasing, and thus the urgency to address effective, collaborative and long-term conservation is of paramount importance. The escalating incidence of killings of indigenous environmentalists highlights the importance of conservationists and indigenous peoples joining forces. Insecure collective land tenure continues to undermine the ability of indigenous peoples to effectively protect their traditional lands, territories and natural resources. Conservation organizations should make much more use of their leverage vis-a-vis States to advocate for the legal recognition of indigenous peoples' rights at the national level.
- Body
- Special Rapporteur on the rights of indigenous peoples
- Document type
- Special Procedures' report
- Topic(s)
- Environment
- Social & Cultural Rights
- Person(s) affected
- Ethnic minorities
- Year
- 2016
Paragraph
Conservation measures and their impact on indigenous peoples’ rights 2016, para. 12
- Paragraph text
- A protected area is a geographically defined area which is designated or regulated and managed to achieve specific conservation objectives. Protected areas consist of many different conservation modalities, among them national parks and forests, wildlife refuges, marine areas, private and non-governmental organization (NGO)-governed preserves, indigenous peoples' protected areas, community lands and other areas where the protection of nature and the practice of sustainable livelihoods foster ecosystem integrity.
- Body
- Special Rapporteur on the rights of indigenous peoples
- Document type
- Special Procedures' report
- Topic(s)
- Environment
- Social & Cultural Rights
- Person(s) affected
- Ethnic minorities
- Year
- 2016
Paragraph
Analysis of the impacts of international investment agreements on the rights of indigenous peoples 2016, para. 47
- Paragraph text
- The Plurinational State of Bolivia responded that: (a) it had acted in the public interest and had been justified in reverting ownership to the State in accordance with the principles of proportionality and necessity, to avoid security concerns arising out of indigenous peoples' opposition to the project and to restore public order; (b) it was enforcing domestic legislation that should have tempered the company's legitimate expectations, as the State made no commitment to stability; (c) the project violates rights recognized in the United Nations Declaration on the Rights of Indigenous Peoples; (d) the company had attempted to fabricate consent in total disregard for the right to self-government of the concerned indigenous peoples; (e) the bilateral investment treaty had no applicable law clause, so there should be "systemic interpretation" in accordance with article 31 (3) (c) of the Vienna Convention on the law of treaties, including human rights obligations towards indigenous peoples under national and international law, as this would be consistent with the evolving nature of standards around fair and equitable treatment, full protection and security, arbitrariness and expropriation; and (f) customary international law recognizes the primacy of human rights over investor protections, citing the ruling of the Inter-American Court of Human Rights in Sawhoyamaxa v. Paraguay and Article 103 of the Charter of the United Nations.
- Body
- Special Rapporteur on the rights of indigenous peoples
- Document type
- Special Procedures' report
- Topic(s)
- Economic Rights
- Governance & Rule of Law
- Social & Cultural Rights
- Person(s) affected
- Ethnic minorities
- Year
- 2016
Paragraph
Analysis of the impacts of international investment agreements on the rights of indigenous peoples 2016, para. 95
- Paragraph text
- States should negotiate international investment agreements in accordance with their international cooperative on obligations under international human rights law, and in keeping with the "clean hands" doctrine, through the conduct of human rights impact assessments, appropriate due diligence and knowledge generation in relation to all potential impacts on indigenous peoples' rights, both at home and abroad.
- Body
- Special Rapporteur on the rights of indigenous peoples
- Document type
- Special Procedures' report
- Topic(s)
- Economic Rights
- Equality & Inclusion
- Governance & Rule of Law
- Person(s) affected
- Ethnic minorities
- Year
- 2016
Paragraph
Analysis of the impacts of international investment agreements on the rights of indigenous peoples 2016, para. 84
- Paragraph text
- Strong arguments exist for radically reforming the system of investor-State dispute settlements and to reform the investment dispute system. Mechanisms aimed at resolving disputes between investors and States that extend to affected communities and individuals through the use of fact-finding and mediation, and possibly through judicial powers, modelled on a body such as the Inter-American Court of Human Rights, have been proposed.
- Body
- Special Rapporteur on the rights of indigenous peoples
- Document type
- Special Procedures' report
- Topic(s)
- Economic Rights
- Governance & Rule of Law
- Person(s) affected
- Ethnic minorities
- Year
- 2016
Paragraph
Conservation measures and their impact on indigenous peoples’ rights 2016, para. 41
- Paragraph text
- [The Accord called upon the Conference of the Parties to the Convention on Biological Diversity to ensure that indigenous peoples and local communities fully participate in the establishment and management of protected areas and that mechanisms be put in place to guarantee that they share the benefits from these areas. Likewise, protected area authorities were encouraged to promote the conditions and ensure the means for the effective engagement of indigenous peoples, local communities and other local stakeholders in conservation. The Action Plan relating to the recognition and guaranteeing of indigenous peoples' rights set out three major targets:] Protected areas shall have representatives chosen by indigenous peoples and local communities in their management proportionate to their rights and interests
- Body
- Special Rapporteur on the rights of indigenous peoples
- Document type
- Special Procedures' report
- Topic(s)
- Environment
- Equality & Inclusion
- Governance & Rule of Law
- Social & Cultural Rights
- Person(s) affected
- Ethnic minorities
- Year
- 2016
Paragraph
Conservation measures and their impact on indigenous peoples’ rights 2016, para. 51
- Paragraph text
- The respective Special Rapporteurs on the rights of indigenous peoples have, since the establishment of the mandate in 2001, received numerous allegations of large-scale violations of the rights of indigenous peoples in the context of conservation measures. Among the consequences indigenous peoples have faced following forced displacement from protected areas are marginalization, poverty, loss of livelihoods, food insecurity, extrajudicial killings, and disrupted links with spiritual sites and denial of access to justice and remedy. The successive special rapporteurs have raised serious concerns over the impact that protected areas have had on indigenous peoples in a wide range of countries, including: Argentina, Botswana, Chile, Ecuador, Ethiopia, Honduras, Kenya, Mexico, Namibia, Nepal, the Russian Federation, South Africa and the United States of America.
- Body
- Special Rapporteur on the rights of indigenous peoples
- Document type
- Special Procedures' report
- Topic(s)
- Environment
- Governance & Rule of Law
- Movement
- Social & Cultural Rights
- Person(s) affected
- Ethnic minorities
- Year
- 2016
Paragraph
Conservation measures and their impact on indigenous peoples’ rights 2016, para. 62
- Paragraph text
- In Argentina, the Special Rapporteur observed during a country visit in 2011 that after the Quebrada de Humahuaca was listed by UNESCO as a World Heritage site in 2003, there was a huge increase in tourism and in the economic value of the land occupied by indigenous peoples. The provincial government had issued land titles to foreign investors, and as a result, the surrounding indigenous communities were dispossessed of their land and had fewer water resources. The communities were not involved in the management of the site and derived no economic benefits therefrom. The Special Rapporteur recommended increased participation by indigenous peoples in the management of the site (see A/HRC/21/47/Add.2, paras. 50 and 97).
- Body
- Special Rapporteur on the rights of indigenous peoples
- Document type
- Special Procedures' report
- Topic(s)
- Environment
- Social & Cultural Rights
- Person(s) affected
- Ethnic minorities
- Year
- 2016
Paragraph
Analysis of the impacts of international investment agreements on the rights of indigenous peoples 2016, para. 4
- Paragraph text
- In her 2015 report to the General Assembly (A/70/301), the Special Rapporteur concluded that the protections that international investment agreements provide to foreign investors can have significant impacts on indigenous peoples' rights. In order to gain further insights into the issue she sent questionnaires to States Members of the United Nations, indigenous peoples and civil society organizations and, in cooperation with the International Work Group for Indigenous Affairs, the Asia Indigenous Peoples Pact, the Columbia Center on Sustainable Investment and the Indigenous Peoples' International Centre for Policy Research and Education (Tebtebba), organized a series of regional and global consultations with indigenous peoples and experts in the area of international investment law and human rights.
- Body
- Special Rapporteur on the rights of indigenous peoples
- Document type
- Special Procedures' report
- Topic(s)
- Economic Rights
- Education
- Governance & Rule of Law
- Person(s) affected
- Ethnic minorities
- Year
- 2016
Paragraph
Analysis of the impacts of international investment agreements on the rights of indigenous peoples 2016, para. 15
- Paragraph text
- The concept of "indigenous peoples" is not defined under international law. However, its generally accepted characteristics include: self-identification as an indigenous people; the existence of and desire to maintain a special relationship with ancestral territories; distinct social, economic or political systems from mainstream society, which may be reflected in language, culture, beliefs and customary law; and a historically non-dominant position within society. This applies irrespective of State nomenclature.
- Body
- Special Rapporteur on the rights of indigenous peoples
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Governance & Rule of Law
- Social & Cultural Rights
- Person(s) affected
- Ethnic minorities
- Year
- 2016
Paragraph
Conservation measures and their impact on indigenous peoples’ rights 2016, para. 44
- Paragraph text
- In preparing the present report, the Special Rapporteur organized a consultation and invited the Conservation Initiative organizations to share information on their progress in advancing respect for indigenous peoples' rights. The responses showed overall positive developments and a strong awareness of the importance of building partnerships with indigenous peoples based on explicit recognition of, and respect for, their rights. As stated by Conservation International, "stewards of some of the most biodiverse places on Earth, indigenous peoples play a unique and invaluable role in conserving nature's vital resources and they often draw on their own traditional knowledge to design management practices that are best suited for their lands". The Special Rapporteur also held consultations with indigenous peoples on the theme.
- Body
- Special Rapporteur on the rights of indigenous peoples
- Document type
- Special Procedures' report
- Topic(s)
- Environment
- Equality & Inclusion
- Social & Cultural Rights
- Person(s) affected
- Ethnic minorities
- Year
- 2016
Paragraph
Conservation measures and their impact on indigenous peoples’ rights 2016, para. 45
- Paragraph text
- IUCN has, through its World Conservation Congress, adopted numerous resolutions affirming indigenous peoples' rights; however, each individual IUCN member organization designs and implements their own internal policies and guidelines. The majority of the large conservation organizations have adopted specific policies on indigenous peoples' rights, and several have developed specific guidelines on how to implement free, prior and informed consent in their projects. The World Wide Fund for Nature (WWF) was the first international conservation organization to adopt principles on indigenous peoples' rights, already in 1996.
- Body
- Special Rapporteur on the rights of indigenous peoples
- Document type
- Special Procedures' report
- Topic(s)
- Environment
- Equality & Inclusion
- Governance & Rule of Law
- Social & Cultural Rights
- Person(s) affected
- Ethnic minorities
- Year
- 2016
Paragraph
Analysis of the impacts of international investment agreements on the rights of indigenous peoples 2016, para. 28
- Paragraph text
- Despite significant developments in the recognition of indigenous peoples' rights and safeguards under international human rights law, investment in those sectors is generating "increasing and ever more widespread effects on indigenous peoples' lives" as the legal vacuum arising from the lack of recognition or enforcement of their land rights facilitates arbitrary land expropriation, enabling national and local officials to make those lands available for investment projects. At the same time, the vast majority of those lands are protected under international investment agreements, and related investor-State dispute settlement disputes in agribusiness and extractive sectors are expected in Africa and Asia, while in Latin America there is a growing number of claims concerning settlements in relation to such activities in or near indigenous territories.
- Body
- Special Rapporteur on the rights of indigenous peoples
- Document type
- Special Procedures' report
- Topic(s)
- Environment
- Governance & Rule of Law
- Social & Cultural Rights
- Person(s) affected
- Ethnic minorities
- Year
- 2016
Paragraph
Analysis of the impacts of international investment agreements on the rights of indigenous peoples 2016, para. 48
- Paragraph text
- In response, the company contends that: (a) the State failed to show how the systemic interpretation would result in having to degrade the protections granted to the company under the treaty to uphold the putative rights of indigenous communities under international law; (b) the United Nations Declaration on the Rights of Indigenous Peoples, OECD Guidelines and the Guiding Principles on Business and Human Rights are non-binding instruments, while the ILO Indigenous and Tribal Peoples Convention, 1989 (No. 169), the Inter-American Commission on Human Rights and the jurisprudence of the Inter-American Court of Human Rights are not binding on the United Kingdom, and consequently they are not rules of international law applicable to relations between the parties; (d) the State failed to demonstrate that protection of indigenous peoples' rights had advanced to the level of "erga omnes obligations" or why human rights trump investor protections.
- Body
- Special Rapporteur on the rights of indigenous peoples
- Document type
- Special Procedures' report
- Topic(s)
- Economic Rights
- Governance & Rule of Law
- Social & Cultural Rights
- Person(s) affected
- Ethnic minorities
- Year
- 2016
Paragraph
Analysis of the impacts of international investment agreements on the rights of indigenous peoples 2016, para. 49
- Paragraph text
- The company invoked the view of Canada in Grand River Enterprise Six Nations, Ltd. v. the United States (see para. 48) that the ILO Indigenous and Tribal Peoples Convention, 1989 (No. 169) and the United Nations Declaration on the Rights of Indigenous Peoples do not form part of customary international law, and the decisions of previous tribunals in Glamis Gold v. United States (see para. 47) not to rule on the applicability of indigenous rights and in Von Pezold and Border Timbers v. Zimbabwe (see para. 46) that indigenous rights do not fall under the scope of bilateral investment treaties. The company holds that an exception maintaining preference for indigenous peoples' rights over investor protections would be necessary to "degrade" investor protections and points to the standard Maori exception employed in the bilateral investment treaties of New Zealand as evidence of this.
- Body
- Special Rapporteur on the rights of indigenous peoples
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Social & Cultural Rights
- Person(s) affected
- Ethnic minorities
- Year
- 2016
Paragraph
Analysis of the impacts of international investment agreements on the rights of indigenous peoples 2016, para. 50
- Paragraph text
- In the International Centre for Settlement of Investment Disputes case Bear Creek Mining Corp. v. Peru, the company is claiming over $500 million for alleged indirect expropriation, lack of fair and equitable treatment, discrimination and lack of full protection and security for its presumptive mining rights at the Santa Ana concession, under the free trade agreement between Peru and Canada. The claim was made following indigenous peoples' protests, which gave rise to the withdrawal of its mining concession.
- Body
- Special Rapporteur on the rights of indigenous peoples
- Document type
- Special Procedures' report
- Topic(s)
- Environment
- Governance & Rule of Law
- Person(s) affected
- Ethnic minorities
- Year
- 2016
Paragraph
Analysis of the impacts of international investment agreements on the rights of indigenous peoples 2016, para. 75
- Paragraph text
- An exception, allowing parties to take measures in relation to traditional knowledge in accordance with their international obligations, is included in the exception chapter, but in practice it can be ignored or interpreted to have little relevance by arbitrators. Requirements under international human rights law and international environmental law in relation to equitable benefit sharing and a general requirement for free, prior and informed consent of indigenous peoples were not included in the Trans-Pacific Partnership, with consent only referenced where national law already requires it.
- Body
- Special Rapporteur on the rights of indigenous peoples
- Document type
- Special Procedures' report
- Topic(s)
- Environment
- Governance & Rule of Law
- Person(s) affected
- Ethnic minorities
- Year
- 2016
Paragraph
Analysis of the impacts of international investment agreements on the rights of indigenous peoples 2016, para. 76
- Paragraph text
- The effects of the Trans-Pacific Partnership, whereby investor rights are entrenched and indigenous rights are constrained, could have a particularly profound impact on indigenous peoples in the many resource-rich Partnership countries, given the huge number of extractive industry, forestry, palm oil and energy companies based in Australia, Canada, Malaysia, New Zealand and the United States. These resources are often in areas of ongoing dispute and conflict between indigenous peoples and foreign investors.
- Body
- Special Rapporteur on the rights of indigenous peoples
- Document type
- Special Procedures' report
- Topic(s)
- Environment
- Person(s) affected
- Ethnic minorities
- Year
- 2016
Paragraph
Analysis of the impacts of international investment agreements on the rights of indigenous peoples 2016, para. 78
- Paragraph text
- Modern international public order requires development to be sustainable and consistent with human rights and democratic principles. While some initial steps have been taken to attempt to incorporate those policy objectives into international investment agreements, through reference to the unencumbered right of the State to regulate in the public interest in the preambles and substantive provisions of model bilateral investment treaties, references to human rights in those agreements are rare and the broader response of the international investment law regime to date has been inadequate. Its legitimacy continues to be questioned as a result.
- Body
- Special Rapporteur on the rights of indigenous peoples
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Person(s) affected
- Ethnic minorities
- Year
- 2016
Paragraph
Analysis of the impacts of international investment agreements on the rights of indigenous peoples 2016, para. 79
- Paragraph text
- The research that the Special Rapporteur conducted in preparing the present report, including workshops and questionnaires, indicates that foreign and domestic investment has a serious impact on indigenous peoples' rights, even in the absence of international investment agreements. Guaranteeing indigenous peoples' rights will therefore require not only reforms within the international investment law regime, but also far more proactive engagement on the part of States in terms of realizing their human rights obligations. However, her research also indicates that such agreements can, and in a growing number of contexts do, compound, contribute to and exacerbate those serious impacts.
- Body
- Special Rapporteur on the rights of indigenous peoples
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Person(s) affected
- Ethnic minorities
- Year
- 2016
Paragraph
Analysis of the impacts of international investment agreements on the rights of indigenous peoples 2016, para. 80
- Paragraph text
- As concluded by the Waitangi Tribunal in the context of the Trans-Pacific Partnership, even when an exception is included with the intention of protecting indigenous peoples' rights: We are not in a position to reach firm conclusions on the extent to which investor-State dispute settlements under the Trans-Pacific Partnership may prejudice Maori Treaty rights and interests, but we do consider it a serious question worthy of further scrutiny and debate and dialogue between the Treaty partners. We do not accept the Crown's argument that claimant fears in this regard are overstated.
- Body
- Special Rapporteur on the rights of indigenous peoples
- Document type
- Special Procedures' report
- Topic(s)
- Environment
- Governance & Rule of Law
- Person(s) affected
- Ethnic minorities
- Year
- 2016
Paragraph
Analysis of the impacts of international investment agreements on the rights of indigenous peoples 2016, para. 96h
- Paragraph text
- Investment dispute settlement bodies addressing cases having an impact on indigenous peoples' rights should promote the convergence of human rights and international investment agreements by: (h) Being cognizant of foreign corporations' contribution to violations of indigenous peoples' rights and the jurisdictional, financial, cultural, technical, logistical and political obstacles facing indigenous peoples when attempting to hold them to account;
- Body
- Special Rapporteur on the rights of indigenous peoples
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Governance & Rule of Law
- Person(s) affected
- Ethnic minorities
- Year
- 2016
Paragraph
Analysis of the impacts of international investment agreements on the rights of indigenous peoples 2016, para. 89
- Paragraph text
- Where the right to regulate is not sufficiently protected in international investment agreements, general exceptions for measures aimed at the promotion of equality and addressing long-term historic discrimination, or specific exceptions and investor-State dispute settlement carve-outs in relation to measures addressing indigenous peoples' rights, should be included. Specific exceptions should be developed in cooperation with indigenous peoples.
- Body
- Special Rapporteur on the rights of indigenous peoples
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Governance & Rule of Law
- Person(s) affected
- Ethnic minorities
- Year
- 2016
Paragraph
Analysis of the impacts of international investment agreements on the rights of indigenous peoples 2016, para. 29
- Paragraph text
- Special Rapporteurs, United Nations treaty bodies and the Inter-American Commission on Human Rights have made numerous recommendations urging home States to adopt regulatory measures for companies domiciled in their jurisdictions aimed at preventing, sanctioning and remedying violations of indigenous peoples' rights abroad for which those companies are responsible or in which they are complicit.
- Body
- Special Rapporteur on the rights of indigenous peoples
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Governance & Rule of Law
- Person(s) affected
- Ethnic minorities
- Year
- 2016
Paragraph
Analysis of the impacts of international investment agreements on the rights of indigenous peoples 2016, para. 103c
- Paragraph text
- Host States must comply with their duty to regulate in relation to indigenous peoples' rights to: (c) Self-determination, by virtue of which they can determine their own social, cultural and economic development and maintain and develop their institutions, customs and decision-making processes;
- Body
- Special Rapporteur on the rights of indigenous peoples
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Governance & Rule of Law
- Person(s) affected
- Ethnic minorities
- Year
- 2016
Paragraph
Analysis of the impacts of international investment agreements on the rights of indigenous peoples 2016, para. 105
- Paragraph text
- Indigenous peoples could consider publicly declaring their expectations with regard to any potential investment projects in their territories, for example, through consultation and free, prior and informed consent protocols, thereby influencing potential investor's legitimate expectations.
- Body
- Special Rapporteur on the rights of indigenous peoples
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Person(s) affected
- Ethnic minorities
- Year
- 2016
Paragraph
Analysis of the impacts of international investment agreements on the rights of indigenous peoples 2016, para. 96f
- Paragraph text
- Investment dispute settlement bodies addressing cases having an impact on indigenous peoples' rights should promote the convergence of human rights and international investment agreements by: (f) Recognizing the right of intervention of the indigenous peoples concerned through amicus submissions and by according full consideration to their arguments;
- Body
- Special Rapporteur on the rights of indigenous peoples
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Person(s) affected
- Ethnic minorities
- Year
- 2016
Paragraph
Analysis of the impacts of international investment agreements on the rights of indigenous peoples 2016, para. 96g
- Paragraph text
- Investment dispute settlement bodies addressing cases having an impact on indigenous peoples' rights should promote the convergence of human rights and international investment agreements by: (g) Interpreting investor State contract clauses, including stabilization clauses, covered by such agreements through umbrella clauses, in a manner that does not place limitations on the State's ability to protect indigenous peoples' rights;
- Body
- Special Rapporteur on the rights of indigenous peoples
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Person(s) affected
- Ethnic minorities
- Year
- 2016
Paragraph
Analysis of the impacts of international investment agreements on the rights of indigenous peoples 2016, para. 96i
- Paragraph text
- Investment dispute settlement bodies addressing cases having an impact on indigenous peoples' rights should promote the convergence of human rights and international investment agreements by: (i) Avoiding awards that contribute to regulatory chill in relation to indigenous peoples' rights or effectively endorse corporate involvement in indigenous rights' harms;
- Body
- Special Rapporteur on the rights of indigenous peoples
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Person(s) affected
- Ethnic minorities
- Year
- 2016
Paragraph
Analysis of the impacts of international investment agreements on the rights of indigenous peoples 2016, para. 96j
- Paragraph text
- Investment dispute settlement bodies addressing cases having an impact on indigenous peoples' rights should promote the convergence of human rights and international investment agreements by: (j) Refusing to accept commercial confidentiality in all but the most extreme situations as a barrier to transparency in the context of regulatory actions related to fundamental human rights.
- Body
- Special Rapporteur on the rights of indigenous peoples
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Person(s) affected
- Ethnic minorities
- Year
- 2016
Paragraph
Analysis of the impacts of international investment agreements on the rights of indigenous peoples 2016, para. 91
- Paragraph text
- Investment protection, such as fair and equitable treatment, full protection and security and expropriation prohibitions, should only apply to established investments. They should not apply before consultations have been conducted to obtain indigenous peoples' free, prior and informed consent or before contractual agreements are entered into with the concerned indigenous peoples.
- Body
- Special Rapporteur on the rights of indigenous peoples
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Governance & Rule of Law
- Person(s) affected
- Ethnic minorities
- Year
- 2016
Paragraph
Analysis of the impacts of international investment agreements on the rights of indigenous peoples 2016, para. 96c
- Paragraph text
- Investment dispute settlement bodies addressing cases having an impact on indigenous peoples' rights should promote the convergence of human rights and international investment agreements by: (c) Taking into account the human rights responsibilities of investors as outlined in the Guiding Principles on Business and Human Rights;
- Body
- Special Rapporteur on the rights of indigenous peoples
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Person(s) affected
- Ethnic minorities
- Year
- 2016
Paragraph
Conservation measures and their impact on indigenous peoples’ rights 2016, para. 42
- Paragraph text
- Regretfully, these three Durban Action Plan targets are still far from being achieved. However, a number of steps have been taken by the IUCN community towards their achievement and new resolutions have been adopted by the World Conservation Congress, including the endorsement of the United Nations Declaration on the Rights of Indigenous People in resolution 4.052 (2008), calling upon all IUCN members to apply it in their respective activities. At the World Parks Congress held in Sydney, Australia, in 2014, IUCN members reiterated in the "Promise of Sydney Vision" their commitment to working in partnership with indigenous peoples, recognizing their long traditions and knowledge and collective rights to land, water, natural resource and culture.
- Body
- Special Rapporteur on the rights of indigenous peoples
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Social & Cultural Rights
- Person(s) affected
- Ethnic minorities
- Year
- 2016
Paragraph
Conservation measures and their impact on indigenous peoples’ rights 2016, para. 27
- Paragraph text
- The Inter-American Commission on Human Rights and the Inter-American Court of Human Rights, with particular reference to property rights (article 21) of the American Convention on Human Rights, have provided key jurisprudence on the rights of indigenous peoples to communal lands, including in the context of protected areas. The Awas Tingni v. Nicaragua case decided by the Inter-American Court of Human Rights in 2001 set an important precedent as it was the first binding judgment, confirming that indigenous communal land rights arise by virtue of traditional occupation despite the lack of official legal title. The Court has furthermore held that indigenous peoples maintain their property rights even when they have been forced to leave or have otherwise lost possession of their traditional lands, including where their lands have been expropriated or transferred to third parties, unless this was done consensually and in good faith.
- Body
- Special Rapporteur on the rights of indigenous peoples
- Document type
- Special Procedures' report
- Topic(s)
- Environment
- Governance & Rule of Law
- Social & Cultural Rights
- Person(s) affected
- Ethnic minorities
- Year
- 2016
Paragraph
Conservation measures and their impact on indigenous peoples’ rights 2016, para. 30
- Paragraph text
- The Convention on Biological Diversity was adopted in 1992 and, as at 5 July 2016, had gained the widespread support of 196 Parties. The treaty refers to indigenous peoples' knowledge, innovations and practices for the conservation and customary use of biological diversity. Article 8 (j) of the Convention commits States parties to respect and maintain the knowledge, innovations and practices of indigenous and local communities which are relevant for conservation and sustainable use of biological diversity. The Convention, however, fails to contain explicit recognition of the human rights of indigenous peoples.
- Body
- Special Rapporteur on the rights of indigenous peoples
- Document type
- Special Procedures' report
- Topic(s)
- Environment
- Equality & Inclusion
- Social & Cultural Rights
- Person(s) affected
- Ethnic minorities
- Year
- 2016
Paragraph
Conservation measures and their impact on indigenous peoples’ rights 2016, para. 33
- Paragraph text
- Conservation protected areas were initially established through the expropriation of the lands and territories of indigenous peoples and local communities. Colonial and post-colonial administrations around the world claimed common land for the State, without regard for the existing rights of traditional ownership and use under customary tenure. Such expropriated land was then allocated to new owners for new uses, such as settlement, exploitation, and conservation. In establishing the first "modern" protected areas in 1872 (Yellowstone National Park), and in 1890 (Yosemite National Park), the Government of the United States of America violently expelled the Native Americans who lived in and depended on the natural resources in those areas. This approach was influenced both by the perception of parks as pristine "wildernesses," devoid of human occupation and use, and by the interests of lobbies wanting to develop parks for tourism. Native peoples were seen as incompatible with those interests.
- Body
- Special Rapporteur on the rights of indigenous peoples
- Document type
- Special Procedures' report
- Topic(s)
- Environment
- Social & Cultural Rights
- Person(s) affected
- Ethnic minorities
- Year
- 2016
Paragraph
Analysis of the impacts of international investment agreements on the rights of indigenous peoples 2016, para. 36
- Paragraph text
- In order to address the perverse situation that arises when indigenous peoples are prevented from realizing their land and resource rights owing to protections afforded to investors, a former Special Rapporteur has stressed: That resolving [indigenous peoples'] land rights issues should at all times take priority over commercial development. There needs to be recognition not only in law but also in practice of the prior right of traditional communities. The idea of prior right being granted to a mining or other business company rather than to a community that has held and cared for the land over generations must be stopped, as it brings the whole system of protection of human rights of indigenous peoples into disrepute.
- Body
- Special Rapporteur on the rights of indigenous peoples
- Document type
- Special Procedures' report
- Topic(s)
- Economic Rights
- Environment
- Social & Cultural Rights
- Person(s) affected
- Ethnic minorities
- Year
- 2016
Paragraph
Analysis of the impacts of international investment agreements on the rights of indigenous peoples 2016, para. 13
- Paragraph text
- Under international human rights law, indigenous peoples are recognized as peoples vested with the right to self-determination, as affirmed in the International Covenant on Civil and Political Rights, the International Covenant on Economic, Social and Cultural Rights and the International Convention on the Elimination of All Forms of Racial Discrimination, by virtue of which they are entitled to determine their own social, cultural and economic development. The rights affirmed under those treaties, which have been widely adopted, take on particular characteristics when interpreted in the light of indigenous peoples' distinct realities, needs, world views and historical contexts and the jus cogens prohibition of racial discrimination. The United Nations Declaration on the Rights of Indigenous Peoples offers the clearest articulation and interpretation of those rights as they pertain to indigenous peoples.
- Body
- Special Rapporteur on the rights of indigenous peoples
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Governance & Rule of Law
- Social & Cultural Rights
- Person(s) affected
- Ethnic minorities
- Year
- 2016
Paragraph
Analysis of the impacts of international investment agreements on the rights of indigenous peoples 2016, para. 14
- Paragraph text
- This is reflected in the jurisprudence of the United Nations human rights treaty bodies, which instruct States to use the United Nations Declaration on the Rights of Indigenous Peoples when implementing their treaty obligations. The treaties have also been interpreted by national and regional courts and commissions in Latin America and Africa in the light of the provisions of the Declaration and the International Labour Organization (ILO) Indigenous and Tribal Peoples Convention, 1989 (No. 169), indicating the universal applicability of those instruments and signalling the emergence of customary international law in the area of indigenous peoples' rights.
- Body
- Special Rapporteur on the rights of indigenous peoples
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Social & Cultural Rights
- Person(s) affected
- Ethnic minorities
- Year
- 2016
Paragraph
Analysis of the impacts of international investment agreements on the rights of indigenous peoples 2016, para. 59
- Paragraph text
- One reason provided for the failure of tribunals to address indigenous rights was the State's failure to raise human rights issues in its arguments, a view also expressed by tribunals in other cases. This contrasts with the pending cases of Bear Creek Mining Corp. v. Peru and South American Silver Mining v. the Plurinational State of Bolivia, in which the States place significant emphasis on indigenous peoples' rights, in particular consultation and free, prior and informed consent rights, as meriting consideration by the tribunals. This development points to a potential synergy between affording protection to indigenous peoples' rights in domestic regulation and international investment agreements and reducing the risk of potentially costly lawsuits in the context of measures affecting investor protections.
- Body
- Special Rapporteur on the rights of indigenous peoples
- Document type
- Special Procedures' report
- Topic(s)
- Environment
- Governance & Rule of Law
- Person(s) affected
- Ethnic minorities
- Year
- 2016
Paragraph
Analysis of the impacts of international investment agreements on the rights of indigenous peoples 2016, para. 60
- Paragraph text
- These cases also raise important issues regarding corporate and State responsibilities in relation to consultations seeking to establish the free, prior and informed consent of indigenous peoples, and the relationship that such consent has in establishing an investment over which an investor can claim protection. In doing so, the cases give tribunals an opportunity to address an issue of fundamental importance to indigenous peoples' rights and to ensuring greater coherence between the international investment law and international human rights law. An overarching issue that arises relates to the role of corporate human rights due diligence in determining legitimate expectations in contexts where social conflict and rights violations appear inevitable in the absence of free, prior and informed consent.
- Body
- Special Rapporteur on the rights of indigenous peoples
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Person(s) affected
- Ethnic minorities
- Year
- 2016
Paragraph
Conservation measures and their impact on indigenous peoples’ rights 2016, para. 40
- Paragraph text
- To implement this new vision for conservation, the Durban Accord and Action Plan were adopted. Noting that the costs of the global protected area system had been inequitably borne by local communities, the Action Plan explicitly recognized the rights of indigenous peoples in relation to natural resources and biodiversity conservation and that the protected area system must take full account of the rights, interests and aspirations of indigenous peoples, as well as of their desire to have their lands, territories and resources secured and protected for their own social and cultural survival.
- Body
- Special Rapporteur on the rights of indigenous peoples
- Document type
- Special Procedures' report
- Topic(s)
- Environment
- Social & Cultural Rights
- Person(s) affected
- Ethnic minorities
- Year
- 2016
Paragraph
Analysis of the impacts of international investment agreements on the rights of indigenous peoples 2016, para. 52
- Paragraph text
- The State's response addressed the nature of the investment, the necessity of its actions and the absence of adequate consultation and free, prior and informed consent. It argued that the project had not constituted an investment as permissions to proceed were still pending, including the approval of the environmental social impact assessment. Consequently, the company had never held rights to mine. The indigenous peoples' protests had paralyzed major cities in Puno, Peru, for more than a month and the violent social unrest had been due to deep-rooted indigenous community opposition to mining activities and not, as the company alleged, "puppet shows staged by politicians" or "political theatre". It states that the revocation of the concession had therefore been a non-discriminatory and necessary exercise of its police powers aimed at guaranteeing public safety.
- Body
- Special Rapporteur on the rights of indigenous peoples
- Document type
- Special Procedures' report
- Topic(s)
- Environment
- Governance & Rule of Law
- Person(s) affected
- Ethnic minorities
- Year
- 2016
Paragraph
Analysis of the impacts of international investment agreements on the rights of indigenous peoples 2016, para. 55
- Paragraph text
- A number of observations can be made with regard to the above cases. Firstly, in all of the cases where an award was issued, international human rights law as it pertains to indigenous peoples' rights was not considered a source of applicable law. With the exception of Glamis Gold v. United States, indigenous peoples' rights and interests were effectively ignored by tribunals and considered immaterial to proceedings, despite the fact that violations of their rights and efforts to assert them had been core issues underpinning the disputes in question, and the decisions could have had potentially profound impacts on their rights and well-being.
- Body
- Special Rapporteur on the rights of indigenous peoples
- Document type
- Special Procedures' report
- Topic(s)
- Economic Rights
- Governance & Rule of Law
- Person(s) affected
- Ethnic minorities
- Year
- 2016
Paragraph
Analysis of the impacts of international investment agreements on the rights of indigenous peoples 2016, para. 56
- Paragraph text
- The decision in that case is regarded as forward-looking in terms of ensuring respect for the protection of indigenous peoples' sacred spaces and demonstrating that awards can be sensitive to and inclusive of indigenous peoples' issues. The tribunal's decision that a 50 per cent reduction in the projected earnings, arising from a measure aimed at protecting indigenous peoples' sacred places, did not constitute indirect expropriation and that the measures did not constitute a "manifestly arbitrary" denial of justice, supports this view.
- Body
- Special Rapporteur on the rights of indigenous peoples
- Document type
- Special Procedures' report
- Topic(s)
- Economic Rights
- Equality & Inclusion
- Governance & Rule of Law
- Social & Cultural Rights
- Person(s) affected
- Ethnic minorities
- Year
- 2016
Paragraph
Analysis of the impacts of international investment agreements on the rights of indigenous peoples 2016, para. 57
- Paragraph text
- However, the tribunal essentially ignored the position articulated in the Quechan nation amicus submission that international human rights law as it pertained to the rights arising in the case should be considered applicable law. A related critique is that the tribunal relied heavily on the robust legislative history in California relating to the environment in the determination of what constituted an investor's legitimate expectation, thereby setting a dangerous precedent in jurisdictions that do not have such a history.
- Body
- Special Rapporteur on the rights of indigenous peoples
- Document type
- Special Procedures' report
- Topic(s)
- Economic Rights
- Environment
- Governance & Rule of Law
- Person(s) affected
- Ethnic minorities
- Year
- 2016
Paragraph
Analysis of the impacts of international investment agreements on the rights of indigenous peoples 2016, para. 58
- Paragraph text
- How a tribunal would respond to such an argument is unknown. An alternative argument could be that, in States where the rule of law is weak, legislative reform to respect human rights is inevitable once the political environment matures sufficiently. As State obligations in relation to indigenous peoples exist under international human rights law, a reasonable investor should expect that they will eventually be implemented, as any expectation that they will not is blatantly unjust and lacks legitimacy. A clearer position on behalf of the tribunal, that a State maintains the right to regulate in order to protect its indigenous peoples' rights, as recognized under international human rights law, would have avoided this ambiguity.
- Body
- Special Rapporteur on the rights of indigenous peoples
- Document type
- Special Procedures' report
- Topic(s)
- Economic Rights
- Governance & Rule of Law
- Person(s) affected
- Ethnic minorities
- Year
- 2016
Paragraph
Analysis of the impacts of international investment agreements on the rights of indigenous peoples 2016, para. 24
- Paragraph text
- However, implementation of those commitments remains poor, and issues remain surrounding the interpretation of indigenous peoples' rights, in particular the right to give or withhold free, prior and informed consent.
- Body
- Special Rapporteur on the rights of indigenous peoples
- Document type
- Special Procedures' report
- Topic(s)
- Civil & Political Rights
- Equality & Inclusion
- Person(s) affected
- Ethnic minorities
- Year
- 2016
Paragraph
Analysis of the impacts of international investment agreements on the rights of indigenous peoples 2016, para. 30
- Paragraph text
- The Inter-American Commission on Human Rights has noted that addressing related jurisdictional issues may require negotiations between States during bilateral or other agreements and before foreign companies are accepted for business.
- Body
- Special Rapporteur on the rights of indigenous peoples
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Governance & Rule of Law
- Person(s) affected
- Ethnic minorities
- Year
- 2016
Paragraph
Analysis of the impacts of international investment agreements on the rights of indigenous peoples 2016, para. 93a
- Paragraph text
- In accordance with the recommendations of the Special Rapporteur in her 2015 report to the General Assembly (A/70/301): (a) Appropriate consultation procedures and mechanisms should be developed in cooperation with indigenous peoples in relation to the drafting, negotiation and approval of international investment agreements, and their right to consultation should be guaranteed prior to the ratification of the Trans-Pacific Partnership;
- Body
- Special Rapporteur on the rights of indigenous peoples
- Document type
- Special Procedures' report
- Topic(s)
- Economic Rights
- Governance & Rule of Law
- Person(s) affected
- Ethnic minorities
- Year
- 2016
Paragraph
Analysis of the impacts of international investment agreements on the rights of indigenous peoples 2016, para. 26
- Paragraph text
- The Special Rapporteur's research reveals an alarming number of cases in the mining, oil and gas, hydroelectric and agribusiness sectors whereby foreign investment projects have resulted in serious violations of indigenous peoples' land, self-governance and cultural rights. Those violations, which can extend to crimes against humanity, have been addressed extensively in the recommendations and jurisprudence of international and regional human rights bodies.
- Body
- Special Rapporteur on the rights of indigenous peoples
- Document type
- Special Procedures' report
- Topic(s)
- Environment
- Person(s) affected
- Ethnic minorities
- Year
- 2016
Paragraph
Analysis of the impacts of international investment agreements on the rights of indigenous peoples 2016, para. 102
- Paragraph text
- Home States should adopt and enforce extraterritorial regulation in relation to the impacts of their corporations on indigenous peoples overseas and ensure they are held to account for any rights violations, including the denial of protections under international investment agreements.
- Body
- Special Rapporteur on the rights of indigenous peoples
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Person(s) affected
- Ethnic minorities
- Year
- 2016
Paragraph
Analysis of the impacts of international investment agreements on the rights of indigenous peoples 2016, para. 96e
- Paragraph text
- Investment dispute settlement bodies addressing cases having an impact on indigenous peoples' rights should promote the convergence of human rights and international investment agreements by: (e) Attaching weight to the legitimate expectations of States in relation to their ability to protect indigenous peoples' rights;
- Body
- Special Rapporteur on the rights of indigenous peoples
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Person(s) affected
- Ethnic minorities
- Year
- 2016
Paragraph
Analysis of the impacts of international investment agreements on the rights of indigenous peoples 2016, para. 86c
- Paragraph text
- International investment agreements must include properly constructed clauses in relation to the right to regulate. These clauses should: (c) Apply to all investor protection standards, such as fair and equitable treatment, full protection and security and indirect expropriation;
- Body
- Special Rapporteur on the rights of indigenous peoples
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Governance & Rule of Law
- Person(s) affected
- Ethnic minorities
- Year
- 2016
Paragraph
Analysis of the impacts of international investment agreements on the rights of indigenous peoples 2016, para. 86d
- Paragraph text
- International investment agreements must include properly constructed clauses in relation to the right to regulate. These clauses should: (d) Be explicit that bona fide measures in the pursuit of human rights do not constitute a breach of international investment agreements and are non-compensable.
- Body
- Special Rapporteur on the rights of indigenous peoples
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Person(s) affected
- Ethnic minorities
- Year
- 2016
Paragraph
Conservation measures and their impact on indigenous peoples’ rights 2016, para. 8
- Paragraph text
- The impact that conservation initiatives have on indigenous peoples has been a constant and recurring theme since the establishment of the mandate of the Special Rapporteur on the rights of indigenous peoples in 2001. The consequences indigenous peoples have faced in the wake of evermore expanding protected areas have been raised by respective special rapporteurs during numerous country visits and communications to governments.
- Body
- Special Rapporteur on the rights of indigenous peoples
- Document type
- Special Procedures' report
- Topic(s)
- Environment
- Governance & Rule of Law
- Social & Cultural Rights
- Person(s) affected
- Ethnic minorities
- Year
- 2016
Paragraph
Analysis of the impacts of international investment agreements on the rights of indigenous peoples 2016, para. 8
- Paragraph text
- The international investment regime consists of 3,268 international investment agreements, comprising almost 3,000 bilateral investment treaties and more than 300 investment chapters of bilateral or regional free trade agreements. These agreements, between States, provide legal protections to investors of "home States" for their investments in "host States".
- Body
- Special Rapporteur on the rights of indigenous peoples
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Governance & Rule of Law
- Person(s) affected
- Ethnic minorities
- Year
- 2016
Paragraph
Conservation measures and their impact on indigenous peoples’ rights 2016, para. 63
- Paragraph text
- In Thailand, the Government requested the listing of the Kaeng Krachen National Park in 2013 as a World Heritage park in 2013 without consulting the local indigenous Karen peoples. The Karen have experienced forced evictions, destruction of housing and crops, arrests and enforced disappearances. On 17 April 2014, a Karen human rights defender disappeared after attending a meeting on a lawsuit against park officials for destruction of Karen housing in 2010/2011. Park officials acknowledged having detained him earlier that day for illegal possession of wild honey, but claimed to have released him subsequently. His whereabouts have been unknown since. The Karen have expressed concerns over the potential listing of the park as a World Heritage site, fearing that it would result in further evictions, prohibitions on the gathering of wild honey and herbs and an increase of tourism, which would affect the environment negatively, creating problems, notably with waste management. The Office of the United Nations High Commissioner for Human Rights has advised the World Heritage Committee to ensure that comprehensive consultations are held by the Thai Government with Karen communities, to ensure respect for their rights, to refrain from evictions and to ensure that the communities can participate in the management of the park if it is designated a World Heritage park.
- Body
- Special Rapporteur on the rights of indigenous peoples
- Document type
- Special Procedures' report
- Topic(s)
- Environment
- Social & Cultural Rights
- Person(s) affected
- Ethnic minorities
- Year
- 2016
Paragraph
Conservation measures and their impact on indigenous peoples’ rights 2016, para. 65
- Paragraph text
- Over the past decade, increasing evidence supports the correlation between secure indigenous tenure and positive conservation outcomes, at times better than those achieved in State-managed protected areas. The effectiveness of indigenous-owned lands in resisting deforestation in Brazil is well known. In Namibia, community-based wildlife management has resulted in significant growth in wildlife populations, especially in areas that had formerly been subject to heavy poaching. In Australia and the United States of America, indigenous peoples effectively manage or co-manage protected areas, through dynamic and sustainable partnerships which seek to redress past exclusion policies. In the Philippines, the national Indigenous Peoples' Rights Act includes a provision that protected areas within or overlapping ancestral domains will remain protected but that indigenous communities have primary responsibility for maintaining and protecting such areas. The law governing protected areas in the Philippines, the National Integrated Protected Areas Act, calls for indigenous peoples' participation in protected-area management boards. However, certain obstacles remain. For example, indigenous participation in management boards is impeded by a lack of training and orientation for indigenous peoples on their roles and responsibilities and such meetings tend to be conducted using overly technical language.
- Body
- Special Rapporteur on the rights of indigenous peoples
- Document type
- Special Procedures' report
- Topic(s)
- Environment
- Governance & Rule of Law
- Person(s) affected
- Ethnic minorities
- Year
- 2016
Paragraph
Analysis of the impacts of international investment agreements on the rights of indigenous peoples 2016, para. 97c
- Paragraph text
- States should: (c) Appoint arbitrators with knowledge of indigenous peoples' rights and cooperate jointly to interpret relevant international investment agreements in relation to indigenous peoples' rights;
- Body
- Special Rapporteur on the rights of indigenous peoples
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Person(s) affected
- Ethnic minorities
- Year
- 2016
Paragraph
Analysis of the impacts of international investment agreements on the rights of indigenous peoples 2016, para. 97d
- Paragraph text
- States should: (d) Avoid including umbrella clauses in bilateral investment treaties;
- Body
- Special Rapporteur on the rights of indigenous peoples
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Person(s) affected
- Ethnic minorities
- Year
- 2016
Paragraph
Analysis of the impacts of international investment agreements on the rights of indigenous peoples 2016, para. 97e
- Paragraph text
- States should: (e) Strengthen their human rights arguments when responding to investor-State dispute settlement claims, emphasizing their duty to regulate in order to protect indigenous peoples' rights and the corporate responsibility to respect those rights.
- Body
- Special Rapporteur on the rights of indigenous peoples
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Person(s) affected
- Ethnic minorities
- Year
- 2016
Paragraph
Conservation measures and their impact on indigenous peoples’ rights 2016, para. 77
- Paragraph text
- [To conservation organizations:] Respect and support the rights of indigenous peoples as recognized in international human rights law and enhance their ability to engage in conservation by advocating for recognition of their collective rights.
- Body
- Special Rapporteur on the rights of indigenous peoples
- Document type
- Special Procedures' report
- Topic(s)
- Environment
- Social & Cultural Rights
- Person(s) affected
- Ethnic minorities
- Year
- 2016
Paragraph
Conservation measures and their impact on indigenous peoples’ rights 2016, para. 70
- Paragraph text
- [To States:] Undertake all necessary measures for the effective implementation of the United Nations Declaration on the Rights of Indigenous Peoples and ratify the ILO Indigenous and Tribal Peoples Convention No. 169.
- Body
- Special Rapporteur on the rights of indigenous peoples
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Social & Cultural Rights
- Person(s) affected
- Ethnic minorities
- Year
- 2016
Paragraph
Conservation measures and their impact on indigenous peoples’ rights 2016, para. 71
- Paragraph text
- [To States:] Adopt all necessary policy, legal and administrative measures for the full recognition of the rights of indigenous peoples over their lands, territories and resources as enshrined in international human rights law.
- Body
- Special Rapporteur on the rights of indigenous peoples
- Document type
- Special Procedures' report
- Topic(s)
- Civil & Political Rights
- Governance & Rule of Law
- Social & Cultural Rights
- Person(s) affected
- Ethnic minorities
- Year
- 2016
Paragraph
Conservation measures and their impact on indigenous peoples’ rights 2016, para. 81
- Paragraph text
- [To conservation organizations:] Support indigenous peoples to develop and sustain their own conservation initiatives and exchange conservation management experiences with them. This will allow learning from indigenous traditional conservation measures and transfer of technical skills to engage indigenous peoples in protected areas management.
- Body
- Special Rapporteur on the rights of indigenous peoples
- Document type
- Special Procedures' report
- Topic(s)
- Environment
- Social & Cultural Rights
- Person(s) affected
- Ethnic minorities
- Year
- 2016
Paragraph
Conservation measures and their impact on indigenous peoples’ rights 2016, para. 74
- Paragraph text
- [To States:] Support partnerships between government authorities and indigenous peoples to encourage intercultural engagement in order to build trust and collaboration to favour of shared goals of sustainable conservation.
- Body
- Special Rapporteur on the rights of indigenous peoples
- Document type
- Special Procedures' report
- Topic(s)
- Environment
- Equality & Inclusion
- Social & Cultural Rights
- Person(s) affected
- Ethnic minorities
- Year
- 2016
Paragraph
Conservation measures and their impact on indigenous peoples’ rights 2016, para. 14
- Paragraph text
- The expanse of protected areas nearly doubled over a period two decades, from 8.7 million square kilometres in 1980 to 16.1 million square kilometres in 2000. There is significant spatial overlap between the traditional lands of indigenous peoples and areas which retain the highest levels of high-biodiversity. Traditional indigenous territories encompass around 22 per cent of the world's land surface and they coincide with areas that hold 80 per cent of the planet's biodiversity. It has been estimated that 50 per cent of protected areas worldwide has been established on lands traditionally occupied and used by indigenous peoples and that this proportion is highest in the Americas, where it may exceed 90 per cent in Central America. Bolivia, Brazil, Chile and Colombia, as well as Canada and the United States of America, all have a high percentage of protected areas on indigenous traditional territory. Overlap is also significant in Australia and New Zealand. Most of the protected areas in India, Nepal and the Philippines include the territories of indigenous peoples. Botswana, Cameroon, Kenya, Namibia, South Africa and the United Republic of Tanzania are among the African countries in which large parts of the protected areas are located on indigenous peoples' ancestral domains.
- Body
- Special Rapporteur on the rights of indigenous peoples
- Document type
- Special Procedures' report
- Topic(s)
- Environment
- Governance & Rule of Law
- Social & Cultural Rights
- Person(s) affected
- Ethnic minorities
- Year
- 2016
Paragraph
Analysis of the impacts of international investment agreements on the rights of indigenous peoples 2016, para. 44
- Paragraph text
- In Glamis Gold v. United States (2009), an arbitration panel found against the company, which had been refused access to a sacred area of the Quechan tribal nation. The decision hinged on the tribunal's position that its role was to assess if the customary international law standard of fair and equitable treatment had been breached and not to assess if the State had fairly balanced the competing rights of the Quechan nation and the company. It held that the State had been justified in relying upon the opinion of the professionals it had engaged and that, as the investor's expectations had not been induced by the State in a quasi-contractual manner, they did not trigger a treaty breach. The decision also pointed to the significance of the highly regulated environment in California with respect to environmental measures in general and mineral exploration in particular, which should have tempered the investor's expectations. The tribunal accepted the Quechan amicus submission but did not engage with its argument that international human rights law as it pertained to indigenous peoples was applicable in the case.
- Body
- Special Rapporteur on the rights of indigenous peoples
- Document type
- Special Procedures' report
- Topic(s)
- Economic Rights
- Environment
- Governance & Rule of Law
- Person(s) affected
- Ethnic minorities
- Year
- 2016
Paragraph
Analysis of the impacts of international investment agreements on the rights of indigenous peoples 2016, para. 70
- Paragraph text
- In 2015, the Trans-Pacific Partnership agreement was signed by 12 countries from three continents that, together, account for a large part of global trade. Of those countries, 11 have significant populations of indigenous peoples, a growing number of which are negatively affected by large-scale foreign investment projects in their territories. Those peoples have expressed their concerns in relation to the lack of protections for their rights vis-à-vis those of foreign investors, and the imbalance in remedies. They have also criticized the absence of consultation in the negotiation of the Partnership and the lack of any human rights impact assessments. As pointed out by the Waitangi Tribunal, the failure to adequately consult on the Partnership "harms the relationship [with indigenous peoples] and increases the probability of a low-trust and adversarial relationship going forward". In that regard, indigenous peoples are demanding good-faith consultations prior to ratification as they fear that, unless adequate protections are included, the Partnership will facilitate projects and activities that lead to further conflict and serious violation of rights to lands, territories and natural resources, including their rights to traditional knowledge.
- Body
- Special Rapporteur on the rights of indigenous peoples
- Document type
- Special Procedures' report
- Topic(s)
- Environment
- Equality & Inclusion
- Governance & Rule of Law
- Person(s) affected
- Ethnic minorities
- Year
- 2016
Paragraph
Analysis of the impacts of international investment agreements on the rights of indigenous peoples 2016, para. 88
- Paragraph text
- International investment agreements should include respect for human rights as a policy objective in their preambles.
- Body
- Special Rapporteur on the rights of indigenous peoples
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Person(s) affected
- Ethnic minorities
- Year
- 2016
Paragraph
Analysis of the impacts of international investment agreements on the rights of indigenous peoples 2016, para. 90a
- Paragraph text
- Jurisdiction clauses should prohibit claims taken: (a) In relation to investments that do not comply with the law, including international human rights law;
- Body
- Special Rapporteur on the rights of indigenous peoples
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Person(s) affected
- Ethnic minorities
- Year
- 2016
Paragraph
Analysis of the impacts of international investment agreements on the rights of indigenous peoples 2016, para. 90b
- Paragraph text
- Jurisdiction clauses should prohibit claims taken: (b) By shell or mailbox companies established in jurisdictions purely or primarily to take advantage of such protections in international investment agreements.
- Body
- Special Rapporteur on the rights of indigenous peoples
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Person(s) affected
- Ethnic minorities
- Year
- 2016
Paragraph
Conservation measures and their impact on indigenous peoples’ rights 2016, para. 39
- Paragraph text
- At the global level, protected-areas policy is shaped by the International Union for Conservation of Nature (IUCN). A membership organization, as at April 2016, IUCN had 1,351 members, including 89 States, 128 government agencies, 48 affiliates, 112 international NGOs, and 974 national NGOs. The latter two categories include 12 indigenous peoples' organizations. Every four years, IUCN members meet at the World Conservation Congress, where resolutions are adopted on conservation policies, and every ten years a World Parks Congress is held to deliberate on global commitments related to protected areas. World Parks Congresses constitute the most important global forums for setting international standards and guidelines for protected areas. At the Congress held in Durban in 2003, the world's leading conservationists announced a "new paradigm" for protected areas which would respect the rights of indigenous peoples and local communities. This important shift in the approach to conservation was adopted in response to growing public opinion that conventional protected area models wrongly excluded or marginalized indigenous peoples and local communities from their governance and management.
- Body
- Special Rapporteur on the rights of indigenous peoples
- Document type
- Special Procedures' report
- Topic(s)
- Environment
- Equality & Inclusion
- Governance & Rule of Law
- Social & Cultural Rights
- Person(s) affected
- Ethnic minorities
- Year
- 2016
Paragraph
Analysis of the impacts of international investment agreements on the rights of indigenous peoples 2016, para. 22
- Paragraph text
- The Guiding Principles on Business and Human Rights affirm the independent corporate responsibility to respect indigenous peoples' rights as recognized in international human rights law. This responsibility is bolstered by the incorporation of the Principles into standards, such as the Organization for Economic Cooperation and Development (OECD) Guidelines on Multinational Corporations. A growing body of standards exists in relation to investment that affects indigenous peoples' lands, including performance standards of most international financial institutions, such as the International Finance Corporation, and apply to private banks that adhere to the Equator Principles, which require clients to respect indigenous peoples' rights, including free, prior and informed consent. The World Bank has included the requirement for such consent in its draft revised policy. However, other banks, such as the African Development Bank and the Brazilian Development Bank, have yet to develop safeguard policies for indigenous peoples.
- Body
- Special Rapporteur on the rights of indigenous peoples
- Document type
- Special Procedures' report
- Topic(s)
- Economic Rights
- Equality & Inclusion
- Governance & Rule of Law
- Person(s) affected
- Ethnic minorities
- Year
- 2016
Paragraph
Conservation measures and their impact on indigenous peoples’ rights 2016, para. 31
- Paragraph text
- Protected areas are among the cross-cutting issues addressed under the Convention on Biological Diversity. In 2004, the seventh meeting of the Conference of the Parties to the Convention adopted a programme of work on protected areas. It states that the establishment, management and monitoring of protected areas should take place with the full and effective participation of, and full respect for the rights of, indigenous peoples consistent with national law and applicable international obligations. In the programme of work, parties are requested to ensure that any resettlement of indigenous communities as a consequence of the establishment or management of protected areas will only take place with their prior informed consent that may be given according to national legislation and applicable international obligations. In 2014, the Conference of the Parties adopted a decision which highlighted the requirement that protected areas and management regimes must be consensual and participatory if indigenous peoples' rights are to be respected. It also recognized the contribution of indigenous peoples' own conservation initiatives within their territories to the effective conservation of important biodiversity sites.
- Body
- Special Rapporteur on the rights of indigenous peoples
- Document type
- Special Procedures' report
- Topic(s)
- Environment
- Governance & Rule of Law
- Social & Cultural Rights
- Person(s) affected
- Ethnic minorities
- Year
- 2016
Paragraph
Conservation measures and their impact on indigenous peoples’ rights 2016, para. 47
- Paragraph text
- Among the key challenges reported by conservation organizations in advancing in implementation at the national level are non-conducive political and legal settings in which indigenous peoples are not recognized. However, given the powerful position of conservation organizations vis-à-vis authorities in developing countries with weak rule of law, they should use their leverage better and more affirmatively in order to influence national authorities and advocate for legislative reform, the application of free, prior and informed consent and the restitution of ancestral lands of indigenous peoples. As indigenous rights to customary lands, territories and natural resources have yet to be effectively recognized in numerous countries, conservation organizations can play a key role in supporting indigenous peoples in such endeavours and encourage dialogue with authorities to this end. It is thus a positive development that several conservation organizations indicate that they are undertaking such efforts in numerous countries. The Special Rapporteur, however, urges that such engagement be significantly expanded to support legal and policy shifts in countries which still fail to recognize indigenous peoples' rights.
- Body
- Special Rapporteur on the rights of indigenous peoples
- Document type
- Special Procedures' report
- Topic(s)
- Environment
- Governance & Rule of Law
- Social & Cultural Rights
- Person(s) affected
- Ethnic minorities
- Year
- 2016
Paragraph
Conservation measures and their impact on indigenous peoples’ rights 2016, para. 86
- Paragraph text
- [To human rights monitoring mechanisms and relevant United Nations bodies and agencies:] Devote further attention to monitoring the impact conservation measures have on indigenous peoples, in order to promote a rights-based approach to protected areas management by government authorities and conservation organizations.
- Body
- Special Rapporteur on the rights of indigenous peoples
- Document type
- Special Procedures' report
- Topic(s)
- Environment
- Governance & Rule of Law
- Social & Cultural Rights
- Person(s) affected
- Ethnic minorities
- Year
- 2016
Paragraph
Analysis of the impacts of international investment agreements on the rights of indigenous peoples 2016, para. 94
- Paragraph text
- States should negotiate international investment agreements in accordance with their international cooperation obligations under the International Covenant on Economic, Social and Cultural Rights and in keeping with the "clean hands" doctrine in relation to indigenous peoples' rights.
- Body
- Special Rapporteur on the rights of indigenous peoples
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Governance & Rule of Law
- Person(s) affected
- Ethnic minorities
- Year
- 2016
Paragraph
Analysis of the impacts of international investment agreements on the rights of indigenous peoples 2016, para. 97a
- Paragraph text
- States should: (a) Promote the above practices through interpretative text;
- Body
- Special Rapporteur on the rights of indigenous peoples
- Document type
- Special Procedures' report
- Topic(s)
- Economic Rights
- Person(s) affected
- Ethnic minorities
- Year
- 2016
Paragraph
Analysis of the impacts of international investment agreements on the rights of indigenous peoples 2016, para. 97b
- Paragraph text
- States should: (b) Ratify the United Nations Convention on Transparency in Treaty-based Investor-State Arbitration;
- Body
- Special Rapporteur on the rights of indigenous peoples
- Document type
- Special Procedures' report
- Topic(s)
- Economic Rights
- Governance & Rule of Law
- Person(s) affected
- Ethnic minorities
- Year
- 2016
Paragraph
Analysis of the impacts of international investment agreements on the rights of indigenous peoples 2016, para. 103e
- Paragraph text
- Host States must comply with their duty to regulate in relation to indigenous peoples' rights to: (e) Their beliefs and traditional knowledge;
- Body
- Special Rapporteur on the rights of indigenous peoples
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Governance & Rule of Law
- Person(s) affected
- Ethnic minorities
- Year
- 2016
Paragraph
Analysis of the impacts of international investment agreements on the rights of indigenous peoples 2016, para. 108
- Paragraph text
- Longer-term reform of international investment law necessitates a shift in thinking about the purpose and nature of international investment agreements and dispute resolution mechanisms. Rather than viewing their role as purely, or even perhaps primarily, to protect investor rights, they need to be understood within a broader public policy and the international law framework, commensurate with our stage of economic globalization and interdependence, such that legitimate investor protections work in harmony with indigenous and human rights rather than acting as a constraint upon long-term public policy objectives and serving to further fragment the international order. This will involve redesigning aspects of the international investment law system that are not fit for purpose. The objective should be to protect the legitimate rights of investors and the need for reasonable predictability, while also guaranteeing the State's right to regulate and protect fundamental human rights, and ensuring that the rights of the most vulnerable are not subordinated to the economic interests of the most powerful.
- Body
- Special Rapporteur on the rights of indigenous peoples
- Document type
- Special Procedures' report
- Topic(s)
- Economic Rights
- Governance & Rule of Law
- Person(s) affected
- Ethnic minorities
- Year
- 2016
Paragraph
Analysis of the impacts of international investment agreements on the rights of indigenous peoples 2016, para. 100a
- Paragraph text
- Investors should: (a) Operate under the assumption that regulatory frameworks continuously evolve to progressively realize the human rights of indigenous peoples, as explicitly required by international human rights law;
- Body
- Special Rapporteur on the rights of indigenous peoples
- Document type
- Special Procedures' report
- Topic(s)
- Economic Rights
- Governance & Rule of Law
- Person(s) affected
- Ethnic minorities
- Year
- 2016
Paragraph
Conservation measures and their impact on indigenous peoples’ rights 2016, para. 78
- Paragraph text
- [To conservation organizations:] Shift the new paradigm from paper to practice; adopt human rights-based policies, including on the rights of indigenous peoples, and ensure effective dissemination of these and trainings for conservation staff, especially for those involved in implementation at the national and local level.
- Body
- Special Rapporteur on the rights of indigenous peoples
- Document type
- Special Procedures' report
- Topic(s)
- Environment
- Governance & Rule of Law
- Person(s) affected
- Ethnic minorities
- Year
- 2016
Paragraph
Conservation measures and their impact on indigenous peoples’ rights 2016, para. 79
- Paragraph text
- [To conservation organizations:] As part of due diligence, improve monitoring and include compliance with indigenous peoples' rights in regular project assessments. Ensure that information obtained through monitoring and reporting is transparent and accessible.
- Body
- Special Rapporteur on the rights of indigenous peoples
- Document type
- Special Procedures' report
- Topic(s)
- Environment
- Governance & Rule of Law
- Person(s) affected
- Ethnic minorities
- Year
- 2016
Paragraph
Conservation measures and their impact on indigenous peoples’ rights 2016, para. 80
- Paragraph text
- [To conservation organizations:] Develop mechanisms for solid partnerships for regular and continuous engagement with indigenous peoples, including ensuring their full and effective participation in designing, implementing and monitoring conservation initiatives.
- Body
- Special Rapporteur on the rights of indigenous peoples
- Document type
- Special Procedures' report
- Topic(s)
- Environment
- Governance & Rule of Law
- Social & Cultural Rights
- Person(s) affected
- Ethnic minorities
- Year
- 2016
Paragraph
Conservation measures and their impact on indigenous peoples’ rights 2016, para. 72
- Paragraph text
- [To States:] Review and harmonize the environmental, legal and institutional framework with their obligations regarding the rights of indigenous peoples and ensure that a rights-based approach is applied to the creation or expansion of existing protected areas.
- Body
- Special Rapporteur on the rights of indigenous peoples
- Document type
- Special Procedures' report
- Topic(s)
- Environment
- Governance & Rule of Law
- Person(s) affected
- Ethnic minorities
- Year
- 2016
Paragraph
Conservation measures and their impact on indigenous peoples’ rights 2016, para. 73
- Paragraph text
- [To States:] Comply with the duty to consult and obtain the free, prior and informed consent of indigenous peoples before the development of conservation initiatives which may affect their rights.
- Body
- Special Rapporteur on the rights of indigenous peoples
- Document type
- Special Procedures' report
- Topic(s)
- Environment
- Social & Cultural Rights
- Person(s) affected
- Ethnic minorities
- Year
- 2016
Paragraph
Conservation measures and their impact on indigenous peoples’ rights 2016, para. 82
- Paragraph text
- [To conservation organizations:] Ensure that culturally appropriate complaints mechanisms are available for indigenous peoples to voice their concerns over conservation initiatives and support initiatives for indigenous peoples' right to remedy in cases when conservation activities have negatively impacted their rights.
- Body
- Special Rapporteur on the rights of indigenous peoples
- Document type
- Special Procedures' report
- Topic(s)
- Environment
- Equality & Inclusion
- Social & Cultural Rights
- Person(s) affected
- Ethnic minorities
- Year
- 2016
Paragraph
Conservation measures and their impact on indigenous peoples’ rights 2016, para. 83
- Paragraph text
- [To donors:] Require that conservation organizations adopt human rights policies and monitor the application of human rights-based conservation programmes, notably in relation to indigenous peoples' rights.
- Body
- Special Rapporteur on the rights of indigenous peoples
- Document type
- Special Procedures' report
- Topic(s)
- Environment
- Governance & Rule of Law
- Social & Cultural Rights
- Person(s) affected
- Ethnic minorities
- Year
- 2016
Paragraph
Conservation measures and their impact on indigenous peoples’ rights 2016, para. 85
- Paragraph text
- [To UNESCO:] Reform the Operational Guidelines through which the World Heritage Convention is implemented to align them with the United Nations Declaration on the Rights of Indigenous Peoples and adopt procedures to ensure indigenous peoples' free, prior and informed consent.
- Body
- Special Rapporteur on the rights of indigenous peoples
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Governance & Rule of Law
- Social & Cultural Rights
- Person(s) affected
- Ethnic minorities
- Year
- 2016
Paragraph
Analysis of the impacts of international investment agreements on the rights of indigenous peoples 2016, para. 100b
- Paragraph text
- Investors should: (b) Support the transition toward a model of investment that promotes the realization of human rights.
- Body
- Special Rapporteur on the rights of indigenous peoples
- Document type
- Special Procedures' report
- Topic(s)
- Economic Rights
- Governance & Rule of Law
- Person(s) affected
- Ethnic minorities
- Year
- 2016
Paragraph
Analysis of the impacts of international investment agreements on the rights of indigenous peoples 2016, para. 103a
- Paragraph text
- Host States must comply with their duty to regulate in relation to indigenous peoples' rights to: (a) Lands, territories and resources, necessitating demarcation based on customary land tenure, possession and use;
- Body
- Special Rapporteur on the rights of indigenous peoples
- Document type
- Special Procedures' report
- Topic(s)
- Environment
- Governance & Rule of Law
- Social & Cultural Rights
- Person(s) affected
- Ethnic minorities
- Year
- 2016
Paragraph
Analysis of the impacts of international investment agreements on the rights of indigenous peoples 2016, para. 103b
- Paragraph text
- Host States must comply with their duty to regulate in relation to indigenous peoples' rights to: (b) Restitution of land, territories and resources taken without free, prior and informed consent;
- Body
- Special Rapporteur on the rights of indigenous peoples
- Document type
- Special Procedures' report
- Topic(s)
- Economic Rights
- Environment
- Governance & Rule of Law
- Person(s) affected
- Ethnic minorities
- Year
- 2016
Paragraph
Analysis of the impacts of international investment agreements on the rights of indigenous peoples 2016, para. 103f
- Paragraph text
- Host States must comply with their duty to regulate in relation to indigenous peoples' rights to: (f) A permanent and enduring way of life of their own choosing.
- Body
- Special Rapporteur on the rights of indigenous peoples
- Document type
- Special Procedures' report
- Topic(s)
- Economic Rights
- Equality & Inclusion
- Governance & Rule of Law
- Person(s) affected
- Ethnic minorities
- Year
- 2016
Paragraph
Analysis of the impacts of international investment agreements on the rights of indigenous peoples 2016, para. 107
- Paragraph text
- In order to suspend or terminate an international investment agreement that affects indigenous peoples' rights, States could invoke article 62 (2) of the Vienna Convention on the law of treaties in relation to a fundamental change in circumstances, such as the recognition of indigenous peoples within their borders. To do so, they would need to show that: (a) such recognition was not foreseen when the agreement was entered into, which could be explained by the evolving understanding of States in Asia and Africa as to what constitutes an indigenous people in those regions; (b) the change radically transforms the extent of obligations still to be performed under the treaty, as could be the case given the requirement to obtain indigenous peoples' free, prior and informed consent to investment plans; and (c) the change is not the result of a breach by the party invoking it either of an obligation under the treaty or of any other international obligation owed to any other party to the treaty, a threshold that is not met by the recognition of indigenous peoples' rights within the host State.
- Body
- Special Rapporteur on the rights of indigenous peoples
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Person(s) affected
- Ethnic minorities
- Year
- 2016
Paragraph
Analysis of the impacts of international investment agreements on the rights of indigenous peoples 2016, para. 98c
- Paragraph text
- International investment agreements should: (c) Require public reporting by corporations in relation to the potential impact of their operations on indigenous peoples' rights and measures taken to prevent and mitigate such impacts.
- Body
- Special Rapporteur on the rights of indigenous peoples
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Person(s) affected
- Ethnic minorities
- Year
- 2016
Paragraph
Analysis of the impacts of international investment agreements on the rights of indigenous peoples 2016, para. 99a
- Paragraph text
- States should consider: (a) Incorporating the provisions of international investment agreements in relation to corporate responsibility into domestic law to enable their enforcement;
- Body
- Special Rapporteur on the rights of indigenous peoples
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Person(s) affected
- Ethnic minorities
- Year
- 2016
Paragraph
Analysis of the impacts of international investment agreements on the rights of indigenous peoples 2016, para. 85
- Paragraph text
- The outdated belief of States that they are in a position to guarantee security for investors while ignoring the human rights of indigenous peoples must be debunked. Investors must take responsibility for assessing the social and political risk associated with their investments. Otherwise, their expectations cannot be legitimate. Dispute resolution systems can no longer exclude those who are most affected by the disputes they purportedly resolve, otherwise their awards lack legitimacy. Full and effective participation of indigenous peoples in accordance with their right to give or withhold consent, together with ensuring equity of remedies, are key principles in moving beyond the current unbalanced and incoherent system. The Special Rapporteur encourages cooperation and creative thinking in that regard and looks forward to developing her final report, in which she will examine the interplay of investor protections and indigenous peoples' rights and consider how human rights and sustainable development approaches can help inform the future of international investment law.
- Body
- Special Rapporteur on the rights of indigenous peoples
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Governance & Rule of Law
- Person(s) affected
- Ethnic minorities
- Year
- 2016
Paragraph
Analysis of the impacts of international investment agreements on the rights of indigenous peoples 2016, para. 45
- Paragraph text
- In Grand River Enterprise Six Nations, Ltd. v. the United States (2011), a tobacco company owned by members of the Canadian Haudenosaunee nations challenged measure taken by the United States. One of the issues raised by the company was the absence of prior consultation in relation to some of the measures. While finding that no expropriation had occurred, the tribunal stated that it may well be that there does exist a principle of customary international law requiring governmental authorities to consult indigenous peoples as collectivities on governmental policies or actions significantly affecting them. As the enterprise was owned by individuals, the tribunal held that it did not have to address the issue of prior consultation. It did, however, add that a good case could be made that consultations should have occurred with governments of the native American tribes or nations in the United States, whose members and sovereign interests could, and apparently are, being affected by the measures to regulate commerce in tobacco.
- Body
- Special Rapporteur on the rights of indigenous peoples
- Document type
- Special Procedures' report
- Topic(s)
- Economic Rights
- Governance & Rule of Law
- Person(s) affected
- Ethnic minorities
- Year
- 2016
Paragraph
Conservation measures and their impact on indigenous peoples’ rights 2016, para. 10
- Paragraph text
- The focus of the present report on terrestrial protected areas and, to a limited extent, on World Heritage sites, is not intended to diminish the onus on the key factors causing displacement of indigenous peoples from their lands and the overall violations of their rights to lands and territories by extractive industries, agribusiness expansion and mega infrastructure development. Previous special rapporteurs have written thematic reports on extractive industries and violations of the right to development of indigenous peoples.
- Body
- Special Rapporteur on the rights of indigenous peoples
- Document type
- Special Procedures' report
- Topic(s)
- Economic Rights
- Environment
- Social & Cultural Rights
- Person(s) affected
- Ethnic minorities
- Year
- 2016
Paragraph
Conservation measures and their impact on indigenous peoples’ rights 2016, para. 61
- Paragraph text
- There are numerous examples of protected areas with heritage status over which concerns have been raised by indigenous peoples. In Kenya, the designation of Lake Bogoria National Reserve as a World Heritage site in 2011 was undertaken without the consent of the indigenous Endorois community, despite the ruling by the African Court on Human and Peoples' Rights in favour of the Endorois indigenous peoples' rights in 2009. The Endorois people have expressed concern that the Government of Kenya may use the World Heritage status as a pretext for denying them restitution, as required by the Court's decision.
- Body
- Special Rapporteur on the rights of indigenous peoples
- Document type
- Special Procedures' report
- Topic(s)
- Environment
- Social & Cultural Rights
- Person(s) affected
- Ethnic minorities
- Year
- 2016
Paragraph
Conservation measures and their impact on indigenous peoples’ rights 2016, para. 52
- Paragraph text
- Many of these violations persist in countries where protected areas were declared prior to the introduction of rights-based conservation and where legal reforms in favour of indigenous peoples' rights remain deficient. The lack of collective land rights for indigenous people is a primary obstacle to ensuring that rights-based conservation becomes effective, as are conflicting legal norms and failure to implement legislation effectively. The declaration of World Heritage status on protected areas adds additional complexities. The management and co management of protected areas by indigenous peoples has to date only been applied to a limited extent but holds key potential in enhancing conservation in a manner which respects and enhances the rights of indigenous peoples.
- Body
- Special Rapporteur on the rights of indigenous peoples
- Document type
- Special Procedures' report
- Topic(s)
- Environment
- Governance & Rule of Law
- Social & Cultural Rights
- Person(s) affected
- Ethnic minorities
- Year
- 2016
Paragraph
Conservation measures and their impact on indigenous peoples’ rights 2016, para. 43
- Paragraph text
- Considerable critique has nevertheless been raised that effective implementation of the new paradigm has been lagging and that new policies have been slow in transferring from paper to practice. Leading conservation organizations have recognized their lack of progress. In 2009, IUCN and seven other international conservation NGOs launched the Conservation Initiative on Human Rights, with the aim of improving conservation policy and practice by promoting respect for human rights. The conservation organizations that are members of the Initiative have all committed to four basic principles to guide integration of human rights in each organization's policies and practices, including a commitment not to contribute to infringements of human rights.
- Body
- Special Rapporteur on the rights of indigenous peoples
- Document type
- Special Procedures' report
- Topic(s)
- Environment
- Governance & Rule of Law
- Social & Cultural Rights
- Person(s) affected
- Ethnic minorities
- Year
- 2016
Paragraph
Analysis of the impacts of international investment agreements on the rights of indigenous peoples 2016, para. 16
- Paragraph text
- Indigenous peoples' territorial and property rights are sui generis in nature, encompassing the territories and resources that they have traditionally owned, occupied or otherwise used or acquired, including the right to own, use, develop and control resources. Those collective rights exist irrespective of State titles and are premised on: their status as self-determining peoples entitled to the lands and resources necessary for their physical and cultural survival; their customary land tenure regimes; and long-term possession of ancestral territories.
- Body
- Special Rapporteur on the rights of indigenous peoples
- Document type
- Special Procedures' report
- Topic(s)
- Environment
- Social & Cultural Rights
- Person(s) affected
- Ethnic minorities
- Year
- 2016
Paragraph
Conservation measures and their impact on indigenous peoples’ rights 2016, para. 56
- Paragraph text
- The U'wa indigenous peoples in Colombia request that the National Park of El Cocuy, partly overlapping with the territory over which they hold legal title, be fully incorporated into it and placed under their custodianship. For the U'wa, the area has special spiritual and cultural significance, as the peak of the Cocuy mountain is home to the spirits and gods and cannot be tread upon without permission from U'wa spiritual authorities. The National Park was established in 1977, before the Constitution and national legislation was adopted on indigenous land rights, and the park remains under the jurisdiction of the government environment authorities. The U'wa reject the presence of settlers and tourism on the mountain and have expressed concern over the degradation of the park, claiming that the park authorities are not protecting the park properly. In discussions with government authorities, the U'wa have rejected co-management proposals and demanded to be designated the environmental authority for the protection of the park.
- Body
- Special Rapporteur on the rights of indigenous peoples
- Document type
- Special Procedures' report
- Topic(s)
- Environment
- Social & Cultural Rights
- Person(s) affected
- Ethnic minorities
- Year
- 2016
Paragraph
Analysis of the impacts of international investment agreements on the rights of indigenous peoples 2016, para. 19
- Paragraph text
- Indigenous peoples are among the most marginalized and discriminated against groups in the world. The international framework protecting their rights emerged largely in response to that reality. Significant advances have been made in some jurisdictions in relation to the recognition of their rights, in particular in Latin America, and varying degrees of recognition are afforded in the domestic regulatory frameworks of other countries. However, throughout much of Asia and Africa, the rights recognized as pertaining to groups that meet the characteristics of indigenous peoples under international law tend to fall short of those recognized under international human rights law standards and, in many cases, the international law category "indigenous peoples" is not officially recognized.
- Body
- Special Rapporteur on the rights of indigenous peoples
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Governance & Rule of Law
- Person(s) affected
- Ethnic minorities
- Year
- 2016
Paragraph
Analysis of the impacts of international investment agreements on the rights of indigenous peoples 2016, para. 20
- Paragraph text
- Even in countries where international human rights law standards have been incorporated into domestic law, further steps are necessary to adjust the law to fully meet these international standards and ensure their enforcement. The associated "implementation gap" between law and practice is often symptomatic of power imbalances between vulnerable indigenous peoples and powerful political elites who seek to benefit from exploitation of resources found in their territories.
- Body
- Special Rapporteur on the rights of indigenous peoples
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Person(s) affected
- Ethnic minorities
- Year
- 2016
Paragraph
Analysis of the impacts of international investment agreements on the rights of indigenous peoples 2016, para. 23
- Paragraph text
- The standards of a growing number of multi-stakeholder initiatives include respect for indigenous peoples' rights, as affirmed under the United Nations Declaration on the Rights of Indigenous Peoples, and consequently require free, prior and informed consent prior to approving or undertaking an investment. Some extractive industry bodies and companies sourcing palm oil, sugar, soy and other resources have also made policy progress towards the recognition of rights recognized in the Declaration, including the requirement for such consent, as has the United Nations Global Compact. Those developments reflect the general acknowledgement by transnational corporations of their responsibility to respect indigenous peoples' rights.
- Body
- Special Rapporteur on the rights of indigenous peoples
- Document type
- Special Procedures' report
- Topic(s)
- Environment
- Equality & Inclusion
- Governance & Rule of Law
- Person(s) affected
- Ethnic minorities
- Year
- 2016
Paragraph
Analysis of the impacts of international investment agreements on the rights of indigenous peoples 2016, para. 25
- Paragraph text
- Tackling the underlying issue of corporate participation in violations of indigenous peoples' rights would contribute significantly to addressing the current imbalance and incoherence in international law. Mechanisms have been proposed to address business and human rights, such as arbitration tribunals dedicated to providing a remedy for affected peoples and individuals. Discussions at the intergovernmental level on a treaty on business and human rights have also raised many of the issues witnessed in the context of promoting investor obligations under international investment agreements.
- Body
- Special Rapporteur on the rights of indigenous peoples
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Person(s) affected
- Ethnic minorities
- Year
- 2016
Paragraph
Analysis of the impacts of international investment agreements on the rights of indigenous peoples 2016, para. 46
- Paragraph text
- In the Permanent Court of Arbitration case South American Silver Mining v. the Plurinational State of Bolivia, the company is seeking $387 million for the alleged expropriation of 10 mining concessions and violations of fair and equitable treatment, pursuant to the bilateral investment treaty between the United Kingdom of Great Britain and Northern Ireland and the Plurinational State of Bolivia. The company holds that it made legitimate efforts with the communities to achieve an overall consent and that opposition to the project is from a small group of illegal miners and certain indigenous organizations, with the Government fomenting conflict. It argues that the communities have repeatedly requested it to move forward with the project, and alleges that the Plurinational State of Bolivia failed to provide full protection and security, noting its "patently unreasonable" decision not to prosecute indigenous leaders, given the implications for its investment.
- Body
- Special Rapporteur on the rights of indigenous peoples
- Document type
- Special Procedures' report
- Topic(s)
- Environment
- Governance & Rule of Law
- Person(s) affected
- Ethnic minorities
- Year
- 2016
Paragraph
Analysis of the impacts of international investment agreements on the rights of indigenous peoples 2016, para. 31
- Paragraph text
- International investment agreements can have serious impacts on indigenous peoples' rights as a result of three main interrelated issues: (a) the failure to adequately address human rights in the preambles and substantive provisions of such agreements; (b) the actual or perceived threat of enforcement of investor protections under investor-State dispute settlement arbitration, leading to regulatory chill; and (c) the exclusion of indigenous peoples from the drafting, negotiation and approval processes of agreements and from the settlement of disputes.
- Body
- Special Rapporteur on the rights of indigenous peoples
- Document type
- Special Procedures' report
- Topic(s)
- Economic Rights
- Governance & Rule of Law
- Person(s) affected
- Ethnic minorities
- Year
- 2016
Paragraph
Analysis of the impacts of international investment agreements on the rights of indigenous peoples 2016, para. 32
- Paragraph text
- These potential impacts of international investment agreements must be considered in the light of the current inadequate recognition and lack of enforcement of indigenous peoples' rights in domestic legal frameworks. Such agreements, and investor-State dispute settlements, tend to block necessary advances and developments in domestic legal frameworks as they relate to investment activity. They limit the State's will and freedom to impose and enforce human rights obligations on transnational corporations and to progressively realize human rights. By entrenching investor protections, they also entrench rights-denying aspects of extant legislative frameworks and contribute to preventing the needed reform from a human rights perspective.
- Body
- Special Rapporteur on the rights of indigenous peoples
- Document type
- Special Procedures' report
- Topic(s)
- Economic Rights
- Governance & Rule of Law
- Person(s) affected
- Ethnic minorities
- Year
- 2016
Paragraph