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Corporate responsibility with respect to indigenous rights 2010, para. 57
- Paragraph text
- Given that customary land tenure is one of the specific features characterizing the large majority of indigenous peoples worldwide, and a basic factor in the international recognition of their rights, the mere existence of such groups in the areas where companies plan to carry out their activities must be considered by those companies as a strong indication that those groups have some sort of rights over the land and resources that they occupy or otherwise use. Furthermore, companies cannot, in the exercise of due diligence, assume that the absence of official recognition of indigenous communal ownership rights implies that such rights do not exist.
- Legal status
- Non-negotiated soft law
- Body
- Special Rapporteur on the rights of indigenous peoples
- Document type
- Special Procedures' report
- Topic(s)
- Civil & Political Rights
- Economic Rights
- Social & Cultural Rights
- Person(s) affected
- Ethnic minorities
- Year
- 2010
Paragraph
Corporate responsibility with respect to indigenous rights 2010, para. 34
- Paragraph text
- Above and beyond their legal status, the various existing instruments and mechanisms clearly reflect the existence of social expectations with regard to corporate responsibility and the need to exercise it in relation to human rights. Current international debate on the subject tends to emphasize that corporate responsibility with respect to human rights is related to but fundamentally distinct from States' responsibilities. Indeed, the conceptual framework drawn up by the Special Representative of the Secretary-General distinguishes between three types of duties: the State duty to protect, the corporate responsibility to respect and the shared responsibility to remedy.
- Legal status
- Non-negotiated soft law
- 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
- 2010
Paragraph
Corporate responsibility with respect to indigenous rights 2010, para. 73
- Paragraph text
- As the Special Representative of the Director-General has noted with respect to multinational corporations, the traditional impact study paradigm must be modified to incorporate fully a human rights based approach. Under that new approach, in drawing up the terms of reference for impact studies relating to indigenous rights, companies must identify "the relevant human rights standards, including those set out in international conventions to which the home and host countries are signatories (perhaps also noting human rights conventions those countries have not ratified)" and other standards such as "indigenous customary laws and traditions (for example those that govern the distribution and ownership of land)". That was the approach used, for example, in the Akwé Kon Guidelines, adopted by the Conference of Parties of the Convention on Biological Diversity and intended to facilitate the conduct of cultural, environmental and social impact assessments regarding activities planned to take place on indigenous territories or which might affect those territories.
- Legal status
- Non-negotiated soft law
- 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
- 2010
Paragraph
Corporate responsibility with respect to indigenous rights 2010, para. 75
- Paragraph text
- As may be clearly deduced from international standards, compensation must be aimed at repairing all possible adverse impacts of corporate activity on the daily life of indigenous peoples, including not only the impact on their environment or productive capacity, but also the impact on the social, cultural and spiritual aspects of their life. The practice of the Inter-American Court of Human Rights offers in that regard a series of highly pertinent examples of compensation and reparation in cases of damage to indigenous peoples' social and cultural practices.
- Legal status
- Non-negotiated soft law
- 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
- 2010
Paragraph
Corporate responsibility with respect to indigenous rights 2010, para. 81
- Paragraph text
- The absence of clarity with respect to corporate responsibility, especially transnational corporate responsibility, in relation to indigenous rights is the source of numerous abuses worldwide. The implementation of corporate activities without taking account of those rights, as they are recognized under international rules, has given rise to highly negative impacts on the environment and the economic, social, cultural and spiritual life of indigenous peoples. Such irresponsible corporate activity, sometimes abetted or simply ignored by the Governments concerned, continues to engender serious social conflicts in areas where indigenous peoples live.
- Legal status
- Non-negotiated soft law
- 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
- 2010
Paragraph
Overview of the activities carried during the first three-year term of the mandate 2011, para. 83
- Paragraph text
- The character of the consultation procedure and its object are also shaped by the nature of the right or interest at stake for the indigenous peoples concerned and the anticipated impact of the proposed measure. Necessarily, the strength of the objective of achieving consent varies according to the circumstances, the indigenous peoples' rights and the interests involved. A significant, direct impact on indigenous peoples' lives establishes a strong presumption that the proposed measure should not go forward without indigenous peoples' consent. In certain contexts, that presumption may harden into a prohibition of the measure or project in the absence of indigenous consent.
- Legal status
- Non-negotiated soft 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
- 2011
Paragraph
Overview of the activities carried during the first three-year term of the mandate 2011, para. 84
- Paragraph text
- The Declaration identifies two situations in which it is necessary to obtain the consent of the indigenous peoples concerned prior to moving forward with the proposed initiative: situations involving the removal of an indigenous group from its traditional lands (art. 10) and situations involving the storage of hazardous materials in indigenous peoples' lands (art. 29). The Special Rapporteur would add situations involving the establishment of natural resource extraction projects within indigenous peoples' lands and other situations in which projects stand to have a significant social or cultural impact on the lives of the indigenous peoples concerned.
- Legal status
- Non-negotiated soft law
- 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
- 2011
Paragraph
Overview of the activities carried during the first three-year term of the mandate 2011, para. 97
- Paragraph text
- Companies should bring to bear an intercultural understanding that goes far beyond mere legal considerations. International standards have highlighted the special relationship existing between indigenous peoples and their traditional territories, which form the basis of their distinct identities and cultures. Companies must understand that, independent of the rights over their lands or resources to which they may lay claim under national law, indigenous peoples have maintained and continue to maintain ties to their traditional territories. Moreover, these ties are collective, and therefore go far beyond the individual rights of the members of these groups.
- Legal status
- Non-negotiated soft law
- 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
- 2011
Paragraph
Overview of the activities carried during the first three-year term of the mandate 2011, para. 101
- Paragraph text
- Impact studies and the definition of appropriate measures to compensate for any negative impact identified are, by definition, related to the consultation process. In recognition of indigenous peoples' right to the conservation and protection of their lands and environments, international standards and practice now require that social and environmental impact studies be conducted as a specific guarantee for the protection of indigenous rights, in particular with regard to projects involving investment in or the development, exploration or extraction of natural resources likely to affect those rights.
- Legal status
- Non-negotiated soft law
- 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
- 2011
Paragraph
Overview of the activities carried during the first three-year term of the mandate 2011, para. 69
- Paragraph text
- Additionally, the Declaration reflects the existing international consensus regarding the individual and collective rights of indigenous peoples in a way that is coherent with and expands upon the provisions of the Convention on Indigenous and Tribal Peoples (Convention No. 169) of the International Labour Organization, as well as with the interpretations of other human rights instruments by international bodies and mechanisms. As the most authoritative expression of this consensus, the Declaration provides a framework of action for the full protection and implementation of these rights.
- Legal status
- Non-negotiated soft law
- 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
- 2011
Paragraph
Overview of the activities carried during the first three-year term of the mandate 2011, para. 79
- Paragraph text
- Most fundamentally, the duty to consult derives from the overarching right of indigenous peoples to self-determination and from related principles of democracy and popular sovereignty. It responds to the aspirations of indigenous peoples worldwide to be in control of their own destinies under conditions of equality and to participate effectively in decision-making processes that affect them. Consistent with such principles, the duty of States to consult with indigenous peoples in decisions affecting them is aimed at reversing the historical pattern of excluding indigenous people from decision-making processes in order to avoid imposing important decisions on them in the future and to allow them to flourish as distinct communities on lands to which their cultures remain attached.
- Legal status
- Non-negotiated soft law
- 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
- 2011
Paragraph
Extractive industries operating within or near indigenous territories 2011, para. 49
- Paragraph text
- Corporate responses point out three particular areas in which a clear regulatory framework is often lacking: the content and scope of indigenous peoples' rights over their lands, territories and natural resources, particularly in those instances in which traditional land tenure has not been officially recognized through titling or otherwise; consultation procedures with indigenous peoples; and benefit-sharing schemes. With regard to these issues, the examples of best practices shared by companies related more to their voluntary practices and initiatives than to the meeting of the legal requirements of the countries in which they operate.
- Legal status
- Non-negotiated soft law
- 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
- 2011
Paragraph
Extractive industries operating within or near indigenous territories 2011, para. 63
- Paragraph text
- As noted above, several responses, particularly those received from business actors, pointed out that Governments tend to detach from the implementation of consultation procedures and other procedural safeguards for indigenous peoples rights in the context of extractive operations and act as mere regulators. The delegation of the State's protective role to business enterprises was repeatedly pointed out as a matter of concern, particularly with when there are insufficient or non-existent State regulatory frameworks regarding indigenous rights, including in relation to the protection of lands and resources, consultation and benefit-sharing schemes. The lack of clarity or consensus about the role of the State in protecting the rights of indigenous peoples in this context compounds the uncertainties arising from the differing views about the scope and content of those rights.
- Legal status
- Non-negotiated soft law
- Body
- Special Rapporteur on the rights of indigenous peoples
- Document type
- Special Procedures' report
- Topic(s)
- Economic Rights
- Environment
- Governance & Rule of Law
- Social & Cultural Rights
- Person(s) affected
- Ethnic minorities
- Year
- 2011
Paragraph
The need to harmonize activities affecting indigenous peoples within the United Nations system 2012, para. 35
- Paragraph text
- In the meantime, there is still no specific policy or procedure which ensures that indigenous peoples can participate in the nomination and management of these sites. 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, are silent on the issue of participation by indigenous peoples. The guidelines provide only that States parties to the Convention are encouraged to ensure the participation of a wide variety of stakeholders in the identification, nomination and protection of World Heritage properties.
- Legal status
- Non-negotiated soft 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
- 2012
Paragraph
The need to harmonize activities affecting indigenous peoples within the United Nations system 2012, para. 36
- Paragraph text
- Furthermore, States are not specifically required to provide any information on the indigenous peoples and local communities living in or around a site they nominate for World Heritage designation, or review the kind of impact a site might have on the rights of these groups. In this connection, the templates provided in the operational guidelines for nominating sites do not contain fields requiring States to describe the potential impact a site might have on indigenous peoples or to provide information about whether affected peoples have been asked about and agree with the nomination, although States are asked to indicate the major categories of land ownership, including traditional or customary ownership.
- Legal status
- Non-negotiated soft law
- 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
- 2012
Paragraph
The need to harmonize activities affecting indigenous peoples within the United Nations system 2012, para. 37
- Paragraph text
- At its thirty-fifth session, in July 2011, the World Heritage Committee took an important step in adopting decision 35 COM 12E, in which States parties are encouraged to involve indigenous peoples and local communities in decision-making, monitoring and evaluation of the state of conservation of World Heritage sites and to respect the rights of indigenous peoples when nominating, managing and reporting on World Heritage sites in the territories of indigenous peoples. However, until amendments are made to the operational guidelines, these proposals may not fully take root. It is worth noting also that in 2001, the World Heritage Committee rejected proposals put forward by indigenous peoples to establish a council of experts of indigenous peoples, which was to act as an advisory body to the Committee.
- Legal status
- Non-negotiated soft 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
- 2012
Paragraph
The need to harmonize activities affecting indigenous peoples within the United Nations system 2012, para. 33
- Paragraph text
- A recurring issue that has come to the attention of the Special Rapporteur relates to the impact on indigenous peoples of the United Nations Educational, Scientific and Cultural Organization (UNESCO) World Heritage sites. This issue has arisen in the context of the Special Rapporteur's communications with Governments regarding specific allegations of human rights violations, as well as in the context of his reports examining the situation of indigenous peoples in particular countries. Indigenous peoples have expressed concerns over their lack of participation in the nomination, declaration and management of World Heritage sites, as well as concerns about the negative impact these sites have had on their substantive rights, especially their rights to lands and resources. The Permanent Forum and the Expert Mechanism have both raised concerns in this connection in the course of their work.
- Legal status
- Non-negotiated soft law
- 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
- 2012
Paragraph
The need to harmonize activities affecting indigenous peoples within the United Nations system 2012, para. 80
- Paragraph text
- A wide range of institutions and processes exist within the United Nations system, which affect indigenous peoples and which have an important role to play in the promotion of their human rights. The activities of various agencies, funds, programmes and human rights bodies and mechanisms, in addition to the mechanisms with mandates specific to indigenous peoples (the Permanent Forum on Indigenous Issues, the Expert Mechanism on the Rights of Indigenous Peoples and the Special Rapporteur on the rights of indigenous peoples), touch upon indigenous issues.
- Legal status
- Non-negotiated soft law
- 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
- 2012
Paragraph
Strengthening commitment to the Declaration on the Rights of Indigenous Peoples and its implementation 2013, para. 72
- Paragraph text
- It is precisely because the human rights of indigenous groups have been denied, with disregard for their particular characteristics, that there is a need for the Declaration. In other words, the Declaration exists because indigenous peoples have been denied equality, self-determination, and related human rights, and not in order to grant them privilege over others. This remedy should not have to exist, just as the history of oppression that gives rise to it should not have been. But that history did occur, and its ongoing consequences make necessary a global remedial response that is appropriate to indigenous peoples' particular circumstances and characteristics, which is what the Declaration represents.
- Legal status
- Non-negotiated soft law
- 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
- 2013
Paragraph
Strengthening commitment to the Declaration on the Rights of Indigenous Peoples and its implementation 2013, para. 73
- Paragraph text
- A centrepiece of the United Nations Declaration on the Rights of Indigenous Peoples is article 3, which affirms: "Indigenous peoples have the right to self-determination. By virtue of that right they freely determine their political status and freely pursue their economic, social and cultural development." During the more than two-decade debate that preceded the adoption of the Declaration, it was increasingly understood that self-determination is a foundational principle that anchors the constellation of indigenous peoples' rights.
- Legal status
- Non-negotiated soft law
- 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
- 2013
Paragraph
Strengthening commitment to the Declaration on the Rights of Indigenous Peoples and its implementation 2013, para. 76
- Paragraph text
- That being said, the Special Rapporteur is of the view that it is not necessary to resolve the debate about the nature of the Declaration's affirmation of self-determination in relation to international law in order for there to be a meaningful commitment to that affirmation. The position that the self-determination recognized in the Declaration is different from that of international law is born of the assumption, mistaken in the view of the Special Rapporteur, that under international law, self-determination necessarily means the right to become an independent State. But indigenous peoples, as such, rarely, if at all, seek independent statehood outside of classic situations of non-self-governing territories. Thus, the position is of little or no practical utility for the States that assert it and is mostly a distraction.
- Legal status
- Non-negotiated soft law
- 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
- 2013
Paragraph
Strengthening commitment to the Declaration on the Rights of Indigenous Peoples and its implementation 2013, para. 77
- Paragraph text
- Whatever the validity of that position, it is clear that the right to self-determination affirmed in the Declaration, like the right as affirmed in international law generally, has a core meaning around which there is substantial consensus. That meaning, essentially, is that indigenous peoples have the right to pursue their own destinies in all spheres of life, under conditions of equality, and to live within governing institutional orders that are devised accordingly. The focus of States, along with that of relevant international institutions and indigenous peoples themselves, should be on strengthening commitment to this core principle and taking practical steps to implement it.
- Legal status
- Non-negotiated soft law
- 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
- 2013
Paragraph
Rights of indigenous peoples, including their economic, social and cultural rights in the post-2015 development framework 2014, para. 17
- Paragraph text
- The right to non-discrimination in the context of economic, social and cultural rights aims at ensuring substantial equality in the progressive achievement of these rights. It should be noted that the principle of non-discrimination has two dimensions: to ensure equality for all indigenous individuals, both men and women, and for indigenous peoples as collectives. This is made explicit in the Declaration, which stipulates that "Indigenous peoples and individuals are free and equal to all other peoples and individuals and have the right to be free from any kind of discrimination, in the exercise of their rights, in particular that based on their indigenous origin or identity" (article 2), and further that all rights and freedoms in the Declaration "are equally guaranteed to male and female indigenous individuals" (article 44).
- Legal status
- Non-negotiated soft law
- 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
- Women
- Year
- 2014
Paragraph
Rights of indigenous peoples, including their economic, social and cultural rights in the post-2015 development framework 2014, para. 67
- Paragraph text
- Pervasive discrimination against indigenous peoples in many places results in the failure to respect the value of skills related to traditional knowledge and indigenous identity, for example the ability to speak an indigenous language. In addition to the general discrimination against indigenous peoples in employment and occupations, they are particularly vulnerable to the most extreme forms of labour exploitation, such as hazardous labour conditions, child labour and forced labour. The latter includes: the bonded labour of indigenous peoples in several countries in South Asia; slavery-like practices in parts of Africa; and debt-bondage in parts of Latin America. Indigenous women and children face additional risks related to trafficking and sexual exploitation, as well as exploitation in the context of domestic work.
- Legal status
- Non-negotiated soft law
- Body
- Special Rapporteur on the rights of indigenous peoples
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Social & Cultural Rights
- Violence
- Person(s) affected
- Children
- Ethnic minorities
- Women
- Year
- 2014
Paragraph
Rights of indigenous peoples, including their economic, social and cultural rights in the post-2015 development framework 2014, para. 59
- Paragraph text
- One aspect of culturally appropriate social services involves providing such services to indigenous peoples in the places where they live. Many indigenous peoples live in rural and isolated areas, where there is often limited availability of medicines and teaching materials, low professional attainment on the part of the teachers and health workers locally deployed and poor school and clinic infrastructure. Country reports by the previous Special Rapporteurs are replete with examples of these conditions. In parallel, an ever-increasing number of indigenous peoples live in urban areas where culturally appropriate services, such as mother tongue education, are often not available. Measures must be put in place to ensure that indigenous peoples can enjoy the same social and economic rights as other segments of the population, without having to sacrifice important aspects of their cultures or ways of life, including their attachment to their traditional lands and the transmission of their languages to future generations.
- Legal status
- Non-negotiated soft law
- Body
- Special Rapporteur on the rights of indigenous peoples
- Document type
- Special Procedures' report
- Topic(s)
- Education
- Equality & Inclusion
- Health
- Social & Cultural Rights
- Person(s) affected
- Ethnic minorities
- Year
- 2014
Paragraph
Ongoing obstacles to the full realization of indigenous peoples’ rights; vision for the mandate 2014, para. 23
- Paragraph text
- Yet, the steps outlined above will still not resolve some of the more complex issues related to implementation. There are still conflicting interpretations among key actors of the content of core rights of indigenous peoples and disagreement about how rights are to be applied in specific situations, especially when competing rights and interests may be at stake and balancing of rights needs to take place. Differing interpretations of rights by States, indigenous peoples, business enterprises, non-governmental organizations and others result in an uneven application of the standards and stymie progress in implementation. The Special Rapporteur has observed that differences in interpretation 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 harmonizing State and customary indigenous governance and justice systems.
- Legal status
- Non-negotiated soft law
- 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
- 2014
Paragraph
Ongoing obstacles to the full realization of indigenous peoples’ rights; vision for the mandate 2014, para. 44
- Paragraph text
- First of all, it is necessary to understand the linkages between indigenous peoples' current disadvantaged situations and their history of being denied self-determination land and resource rights, and related rights essential to their economic and social development. In fact, development around the world has historically taken place and still takes place today at the expense of indigenous peoples; it has often been the case that indigenous peoples' lands and resources have been taken, to their detriment and to the benefit of the development of others. Responses aimed at bettering the social and economic situation of indigenous peoples must take that history into account and attempt to restore to indigenous peoples what has been lost, including sufficient land to ensure a basis for economic development, and the means to exercise their self-determination over their development. Indeed, numerous studies have shown that increasing indigenous peoples' control over their internal decision-making results in better economic growth outcomes.
- Legal status
- Non-negotiated soft law
- Body
- Special Rapporteur on the rights of indigenous peoples
- Document type
- Special Procedures' report
- Topic(s)
- Civil & Political Rights
- Economic Rights
- Social & Cultural Rights
- Person(s) affected
- Ethnic minorities
- Year
- 2014
Paragraph
Rights of indigenous peoples on the impact of international investment and free trade on the human rights of indigenous peoples 2015, para. 39
- Paragraph text
- The threats to the right to self-determination and self-governance posed by investment and free trade agreements compound long-standing and systemic violations of the rights of indigenous peoples. The violations have included gross and sustained assaults on the cultural integrity of indigenous peoples; the denigration and non-recognition of customary laws and governance systems; a failure to develop frameworks that allow indigenous peoples to exercise their right to development and self-governance; and practices that strip indigenous peoples of autonomy over their lands and natural resources. It is in that sense that international investment agreements are contributing to the perpetuation of colonial and post-colonial power structures that have caused the systematic racism and discrimination towards, and the marginalization and exploitation of, indigenous peoples.
- Legal status
- Non-negotiated soft law
- 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
- 2015
Paragraph
Rights of indigenous women and girls 2015, para. 12
- Paragraph text
- When examining the rights of indigenous women and girls, it is vital to consider the unique historical experiences of indigenous communities. Many forms of violence and abuse against indigenous women and girls have a strong intergenerational element. Violations of the broad right to self-determination of indigenous peoples are historically and currently endemic. Those have included gross and sustained assaults on the cultural integrity of indigenous peoples; denigration and non-recognition of customary laws and governance systems; failure to develop frameworks that allow indigenous peoples appropriate levels of self-governance; and practices that strip indigenous peoples of autonomy over land and natural resources. Those patterns of violations are vividly exemplified by colonization, but have also been perpetuated by post-colonial power structures and State practices. Those violations of the right to self-determination have been highly detrimental to the advancement of the rights of indigenous women and girls in a number of ways.
- Legal status
- Non-negotiated soft law
- 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
- Girls
- Women
- Year
- 2015
Paragraph
Rights of indigenous women and girls 2015, para. 54
- Paragraph text
- As discussed by the Special Rapporteur on violence against women, its causes and consequences in her 2007 thematic report, culture-based identity politics can be used to justify violence against women in the name of traditional practices and/or values. Practices commonly carried out in the name of tradition, such as female gender mutilation and child marriage, impact some but not all indigenous communities. The fact that those traditional practices cut across religious, geographical and ethnic characteristics demonstrate that there are multidimensional causal factors and that no one factor attributed to the identity of women makes them vulnerable. Violations suffered by indigenous women and girls must be viewed within the context of the broad spectrum of violations experienced and their specific vulnerabilities as members of indigenous communities.
- Legal status
- Non-negotiated soft law
- Body
- Special Rapporteur on the rights of indigenous peoples
- Document type
- Special Procedures' report
- Topic(s)
- Harmful Practices
- Social & Cultural Rights
- Violence
- Person(s) affected
- Children
- Ethnic minorities
- Girls
- Women
- Year
- 2015
Paragraph