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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
Extractive industries operating within or near indigenous territories 2011, para. 35
- Paragraph text
- Several indigenous and non-governmental organizations reported that the forced emigration of indigenous peoples from their traditional lands - either because of the taking of those lands or environmental degradation caused by resource extraction projects - has had an overall negative impact on indigenous cultures and social structures. One non-governmental organization dramatically described the migration process as the transition of "ecosystem people" into "ecological refugees". One civil society respondent from India described the negative effects of the continuous reallocation of a significant number of Adivasi and other tribal peoples as a result of large-scale developments projects, particularly dams. Many of these projects provided very little or no compensation for those forced to relocate. This problem was reported to have an especially negative effect on Adivasi women, who have apparently experienced loss of social, economic and decision-making power when removed from their traditional territorial- and forestry-based occupations.
- Body
- Special Rapporteur on the rights of indigenous peoples
- Document type
- Special Procedures' report
- Topic(s)
- Environment
- Movement
- Person(s) affected
- Ethnic minorities
- Persons on the move
- Women
- Year
- 2011
Paragraph
Overview of the activities carried during the first three-year term of the mandate 2011, para. 157
- Paragraph text
- We call upon States to promote and protect effectively the human rights and fundamental freedoms of all migrants regardless of migration status, especially those of women and children, and to address international migration through international, regional or bilateral cooperation and dialogue and a comprehensive and balanced approach, recognizing the roles and responsibilities of countries of origin, transit and destination in promoting and protecting the human rights of all migrants, and avoiding approaches that might aggravate their vulnerability.
- Body
- Special Rapporteur on the rights of indigenous peoples
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Governance & Rule of Law
- Movement
- Person(s) affected
- Children
- Ethnic minorities
- Persons on the move
- Women
- Year
- 2011
Paragraph
Overview of the activities carried during the first three-year term of the mandate 2011, para. 144
- Paragraph text
- We commit to systematically consider population trends and projections in our national, rural and urban development strategies and policies. Through forward-looking planning, we can seize the opportunities and address the challenges associated with demographic change, including migration.
- Body
- Special Rapporteur on the rights of indigenous peoples
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Movement
- Person(s) affected
- Ethnic minorities
- Persons on the move
- Year
- 2011
Paragraph
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