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Extractive industries operating within or near indigenous territories 2011, para. 85
- Paragraph text
- The responses received to the Special Rapporteur's questionnaire reveal a number of State legal and institutional frameworks, domestic court decisions, business internal policies and pilot projects that address or are relevant to indigenous peoples' rights in the context of extractive industries. In the opinion of the Special Rapporteur, these various initiatives deserve careful consideration and may provide useful guidance when devising effective models for securing the rights of indigenous peoples in the extractive projects affecting them.
- 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
- 2011
- Paragraph type
- Conclusion / Recommendation
Paragraph
Extractive industries and indigenous peoples 2013, para. 88
- Paragraph text
- Whether or not indigenous consent is a strict requirement in particular cases, States should ensure good faith consultations with indigenous peoples on extractive activities that would affect them and engage in efforts to reach agreement or consent. In any event, the State remains bound to respect and protect the rights of indigenous peoples and must ensure that other applicable safeguards are implemented as well, in particular steps to minimize or offset any limitation on the rights through impact assessments, measures of mitigation, compensation and benefit sharing.
- 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
- 2013
- Paragraph type
- Conclusion / Recommendation
Paragraph
Violence against indigenous women and girls; rights of indigenous peoples in relation to extractive industries 2012, para. 81
- Paragraph text
- The "protect, respect and remedy" framework, which is incorporated into the Guiding Principles on Business and Human Rights, should apply to advance the specific rights of indigenous peoples in the same way as it applies to advance human rights more generally, when those rights are affected or potentially affected by business activities, including extractive industries.
- Body
- Special Rapporteur on the rights of indigenous peoples
- Document type
- Special Procedures' report
- Topic(s)
- Environment
- Equality & Inclusion
- Person(s) affected
- Ethnic minorities
- Year
- 2012
- Paragraph type
- Conclusion / Recommendation
Paragraph
Violence against indigenous women and girls; rights of indigenous peoples in relation to extractive industries 2012, para. 86
- Paragraph text
- Lastly, there is a fundamental problem with the current model of natural resource extraction in which the plans are developed by the corporation, with perhaps some involvement by the State, but with little or no involvement of the affected indigenous community or people, and in which the corporation is in control of the extractive operation and is the primary beneficiary of it.
- Body
- Special Rapporteur on the rights of indigenous peoples
- Document type
- Special Procedures' report
- Topic(s)
- Environment
- Person(s) affected
- Ethnic minorities
- Year
- 2012
- Paragraph type
- Conclusion / Recommendation
Paragraph
Extractive industries and indigenous peoples 2013, para. 83
- Paragraph text
- Indigenous individuals and peoples have the right to oppose and actively express opposition to extractive projects promoted by the State or third party business interests. Indigenous peoples should be able to oppose or withhold consent to extractive projects free from reprisals or acts of violence, or from undue pressures to accept or enter into consultations about extractive projects.
- Body
- Special Rapporteur on the rights of indigenous peoples
- Document type
- Special Procedures' report
- Topic(s)
- Economic Rights
- Environment
- Person(s) affected
- Ethnic minorities
- Year
- 2013
- Paragraph type
- Conclusion / Recommendation
Paragraph
Extractive industries operating within or near indigenous territories 2011, para. 89
- Paragraph text
- In view of the above, when considering the Special Rapporteur's future action, the Human Rights Council may wish to entrust him with the specific task of working towards the operationalization of the rights of indigenous peoples and related institutional guarantees in the context of natural resource extraction and development projects affecting indigenous territories, with the aim of his presenting to the Council a set of specific guidelines or principles in 2013. The Council may further consider the necessity of affording additional support to the Special Rapporteur in performing this task.
- 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
- 2011
- Paragraph type
- Conclusion / Recommendation
Paragraph
Violence against indigenous women and girls; rights of indigenous peoples in relation to extractive industries 2012, para. 87
- Paragraph text
- The Special Rapporteur is convinced that new and different models and business practices for natural resource extraction need to be examined, models that are more conducive to indigenous peoples' self-determination and their right to pursue their own priorities for development. In his future work on extractive industries, the Special Rapporteur plans to examine various models of natural resource extraction in which indigenous peoples have greater control and benefits than is typically the case under the standard corporate model, drawing on a review of the experiences of indigenous peoples in various locations.
- Body
- Special Rapporteur on the rights of indigenous peoples
- Document type
- Special Procedures' report
- Topic(s)
- Economic Rights
- Environment
- Person(s) affected
- Ethnic minorities
- Year
- 2012
- Paragraph type
- Conclusion / Recommendation
Paragraph
Extractive industries and indigenous peoples 2013, para. 90
- Paragraph text
- Conditions for States or third party business enterprises to achieve and sustain agreements with indigenous peoples for extractive projects include: adequate State regulatory regimes (both domestic and with extraterritorial implications) that are protective of indigenous peoples' rights; indigenous participation in strategic State planning on natural resource development and extraction; corporate due diligence; fair and adequate consultation procedures; and just and equitable terms for the agreement.
- 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
- 2013
- Paragraph type
- Conclusion / Recommendation
Paragraph
Extractive industries and indigenous peoples 2013, para. 89
- Paragraph text
- For their part, extractive companies should adopt policies and practices to ensure that all aspects of their operations are respectful of the rights of indigenous peoples, in accordance with international standards and not just domestic law, including with regard to requirements of consultation and consent. Companies should conduct due diligence to ensure that their actions will not violate or be complicit in violating indigenous peoples' rights, identifying and assessing any actual or potential adverse human rights impacts of a resource extraction project.
- Body
- Special Rapporteur on the rights of indigenous peoples
- Document type
- Special Procedures' report
- Topic(s)
- Economic Rights
- Environment
- Person(s) affected
- Ethnic minorities
- Year
- 2013
- Paragraph type
- Conclusion / Recommendation
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 type
- Conclusion / Recommendation
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 type
- Conclusion / Recommendation
Paragraph
Rights of indigenous peoples on the impact of international investment and free trade on the human rights of indigenous peoples 2015, para. 77f
- Paragraph text
- [Concerning the reform of investment and free trade practices, the Special Rapporteur recommends that:] In consultation with indigenous peoples, Member States consider including exception clauses to protect the rights of indigenous peoples, including to ancestral land, related resources and autonomous government, within all relevant free trade and investment agreements;
- 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
- 2015
- Paragraph type
- Conclusion / Recommendation
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 type
- Conclusion / Recommendation
Paragraph
Extractive industries and indigenous peoples 2013, para. 86
- Paragraph text
- The general requirement of indigenous consent for extractive activities within indigenous territories may be subject to certain limited exceptions, in particular, when any limitations on indigenous peoples' substantive rights comply with standards of necessity and proportionality with regard to a valid public purpose, defined within an overall framework of respect for human rights.
- 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
- 2013
- Paragraph type
- Conclusion / Recommendation
Paragraph
The right of indigenous peoples to development with culture and identity, the right of indigenous peoples to participation and the obligation of States to implement the United Nations Declaration on the Rights of Indigenous Peoples 2010, para. 74a
- Paragraph text
- [Within both of these areas of concern, there is a need for Governments to decidedly fold into development programmes the goal of increasing indigenous self-determination. Enhancing indigenous self-determination is a matter of basic human dignity as well as being conducive to successful practical outcomes. Among the objectives to be pursued in this regard are the following:] Enhancing indigenous education and skills in relevant areas so that indigenous peoples themselves can engage and participate in the various components of development programmes and projects that affect them in the modern world, including natural resource extraction projects;
- Body
- Special Rapporteur on the rights of indigenous peoples
- Document type
- Special Procedures' report
- Topic(s)
- Education
- Environment
- Equality & Inclusion
- Person(s) affected
- Ethnic minorities
- Year
- 2010
- Paragraph type
- Conclusion / Recommendation
Paragraph
Violence against indigenous women and girls; rights of indigenous peoples in relation to extractive industries 2012, para. 84
- Paragraph text
- A focus on the rights implicated in the context of a specific extractive or development project is an indispensible starting point for devising appropriate consultation and consent procedures, in the exercise of the State duty to protect and corporate responsibility to respect human rights. The particular indigenous peoples or communities that are to be consulted are those that hold the potentially affected rights, the consultation procedures are to be devised to identify and address the potential impacts on the rights, and consent is to be sought for those impacts under terms that are protective and respectful of the rights.
- 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
- 2012
- Paragraph type
- Conclusion / Recommendation
Paragraph
Violence against indigenous women and girls; rights of indigenous peoples in relation to extractive industries 2012, para. 85
- Paragraph text
- Where the rights implicated are essential to the survival of indigenous groups and foreseen impacts on the rights are significant, indigenous consent to those impacts is required, beyond simply being an objective of consultations. It is generally understood that indigenous peoples' rights over lands and resources in accordance with customary tenure are necessary to their survival. Accordingly, indigenous consent is presumptively a requirement for those aspects of any extractive project taking place within the officially recognized or customary land use areas of indigenous peoples, or that otherwise affect resources that are important to their 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
- 2012
- Paragraph type
- Conclusion / Recommendation
Paragraph
Extractive industries and indigenous peoples 2013, para. 79
- Paragraph text
- Indigenous peoples around the world have suffered negative, even devastating, consequences from extractive industries. Despite such negative experiences, looking toward the future it must not be assumed that extractive industries' and indigenous peoples' interests are entirely or always at odds with each other. However, models of resource extraction that are different from the heretofore prevailing model are required if resource extraction within indigenous peoples' territories is to be carried out in a manner consistent with their rights.
- Body
- Special Rapporteur on the rights of indigenous peoples
- Document type
- Special Procedures' report
- Topic(s)
- Environment
- Person(s) affected
- Ethnic minorities
- Year
- 2013
- Paragraph type
- Conclusion / Recommendation
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 type
- Conclusion / Recommendation
Paragraph
Corporate responsibility with respect to indigenous rights 2010, para. 82
- Paragraph text
- These conflicts, which are worsening as new regions of the world get involved in natural resource exploitation or infrastructure building, have given rise to situations of genuine ungovernability, which limit the capacity of States and the companies themselves to carry out projects that fail to take into account indigenous rights.
- Body
- Special Rapporteur on the rights of indigenous peoples
- Document type
- Special Procedures' report
- Topic(s)
- Environment
- Person(s) affected
- Ethnic minorities
- Year
- 2010
- Paragraph type
- Conclusion / Recommendation
Paragraph
Extractive industries and indigenous peoples 2013, para. 92
- Paragraph text
- Agreements with indigenous peoples allowing for extractive projects within their territories must be crafted on the basis of full respect for their rights in relation to the affected lands and resources and, in particular, should include provisions providing for impact mitigation, for equitable distribution of the benefits of the projects within a framework of genuine partnership, and grievance mechanisms.
- 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
- 2013
- Paragraph type
- Conclusion / Recommendation
Paragraph
Extractive industries and indigenous peoples 2013, para. 80
- Paragraph text
- A preferred model for natural resource extraction within indigenous territories is one in which indigenous peoples themselves control the extractive operations, through their own initiatives and enterprises. Indigenous peoples may benefit from partnerships with responsible, experienced and well-financed non-indigenous companies to develop and manage their own extractive enterprises.
- Body
- Special Rapporteur on the rights of indigenous peoples
- Document type
- Special Procedures' report
- Topic(s)
- Economic Rights
- Environment
- Person(s) affected
- Ethnic minorities
- Year
- 2013
- Paragraph type
- Conclusion / Recommendation
Paragraph
Extractive industries operating within or near indigenous territories 2011, para. 82
- Paragraph text
- On the basis of the experience gained during the first term of his mandate, the Special Rapporteur has come to identity natural resource extraction and other major development projects in or near indigenous territories as one of the most significant sources of abuse of the rights of indigenous peoples worldwide. In its prevailing form, the model for advancing with natural resource extraction within the territories of indigenous peoples appears to run counter to the self-determination of indigenous peoples in the political, social and economic spheres.
- Body
- Special Rapporteur on the rights of indigenous peoples
- Document type
- Special Procedures' report
- Topic(s)
- Environment
- Person(s) affected
- Ethnic minorities
- Year
- 2011
- Paragraph type
- Conclusion / Recommendation
Paragraph
Extractive industries operating within or near indigenous territories 2011, para. 84
- Paragraph text
- In this connection, while the existing problems and challenges ahead are significant and complex, the Special Rapporteur is encouraged by what he perceives to be a growing degree of awareness and assumption of responsibility on the part of States and corporate actors. This growing awareness opens a historical opportunity for advancing towards a common normative understanding and the operationalization of indigenous peoples' rights and related institutional safeguards in the context of natural resource extraction and development projects in indigenous territories. This process would not only contribute to enhanced implementation of the standards affirmed in the United Nations Declaration on the Rights of Indigenous Peoples and other international instruments, but also to operationalizing and realizing the "Protect, Respect and Remedy" framework.
- 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
- 2011
- Paragraph type
- Conclusion / Recommendation
Paragraph
Violence against indigenous women and girls; rights of indigenous peoples in relation to extractive industries 2012, para. 80
- Paragraph text
- In this connection, consultation and free, prior and informed consent are best conceptualized as safeguards against measures that may affect indigenous peoples' rights. Other such safeguards include but are not limited to carrying out prior impact assessments, the establishment of mitigation measures, benefit-sharing and compensation for any impacts, in accordance with international standards.
- Body
- Special Rapporteur on the rights of indigenous peoples
- Document type
- Special Procedures' report
- Topic(s)
- Environment
- Equality & Inclusion
- Person(s) affected
- Ethnic minorities
- Year
- 2012
- Paragraph type
- Conclusion / Recommendation
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 type
- Conclusion / Recommendation
Paragraph
Ongoing obstacles to the full realization of indigenous peoples’ rights; vision for the mandate 2014, para. 71
- Paragraph text
- While there are numerous issues that merit thematic attention, the Special Rapporteur intends to focus her efforts over the next three years of her mandate on issues surrounding economic, social, cultural and environmental rights of 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
- 2014
- Paragraph type
- Conclusion / Recommendation
Paragraph
The right of indigenous peoples to development with culture and identity, the right of indigenous peoples to participation and the obligation of States to implement the United Nations Declaration on the Rights of Indigenous Peoples 2010, para. 72
- Paragraph text
- There are two broad areas of concern that can be identified when considering development programmes affecting indigenous peoples. The first area of concern relates to policies and initiatives aimed at the development of the economy or infrastructure of the State generally and that are said to benefit the people of the State as a whole, but that have actual or potential negative effects on indigenous peoples. These include, inter alia, development programmes involving the extraction of natural resources and mega-projects such as the construction of dams and transportation facilities on indigenous peoples' territories. Such development programmes and projects, despite their specific effects on indigenous peoples and their territories, are often undertaken without adequate consultation with them or without their free, prior and informed consent.
- Body
- Special Rapporteur on the rights of indigenous peoples
- Document type
- Special Procedures' report
- Topic(s)
- Civil & Political Rights
- Economic Rights
- Environment
- Person(s) affected
- Ethnic minorities
- Year
- 2010
- Paragraph type
- Conclusion / Recommendation
Paragraph
Extractive industries and indigenous peoples 2013, para. 81
- Paragraph text
- When indigenous peoples choose to pursue their own initiatives for natural resource extraction within their territories, States and the international community should assist them to build the capacity to do so, and States should privilege indigenous peoples' initiatives over non-indigenous initiatives.
- Body
- Special Rapporteur on the rights of indigenous peoples
- Document type
- Special Procedures' report
- Topic(s)
- Economic Rights
- Environment
- Person(s) affected
- Ethnic minorities
- Year
- 2013
- Paragraph type
- Conclusion / Recommendation
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 type
- Conclusion / Recommendation
Paragraph