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Access to justice and the right to food: the way forward 2015, para. 41
- Paragraph text
- Development-induced displacement is an increasingly widespread phenomenon with devastating impact. An estimated 15 million people each year are forced to relocate and resettle as a result of such interventions. Despite some of the more recent efforts to highlight land dispossession, as yet global institutions have been unable to discourage the practices and processes that undermine land rights, prevent equitable access and establish the context for large and small-scale displacements. The expanding mining sector has contributed to strong economic growth in some countries, with mining and oil concessions dramatically increasing in countries. The industry has however also generated social conflict in many States, particularly in rural areas, with mining activities coming into direct competition with small-scale agriculture. Indigenous peoples are particularly vulnerable as they are often forced to leave their land and sources of livelihood. A lack of engagement and opportunities for participation in decisions that affect their lives has left many communities in situations of dire poverty and without access to adequate food and nutrition.
- Body
- Special Rapporteur on the right to food
- Document type
- Special Procedures' report
- Topic(s)
- Environment
- Food & Nutrition
- Governance & Rule of Law
- Humanitarian
- Movement
- Poverty
- Person(s) affected
- Ethnic minorities
- Persons on the move
- Year
- 2015
Paragraph
Access to justice and the right to food: the way forward 2015, para. 51
- Paragraph text
- There are a number of cases involving TNCs and right to food violations at the domestic level; however, in many of these cases, claims are either based on tort or criminal law rather than human rights legislation, or decisions focus on the involvement of the Government in the violation of rights, and not the company. The case against Nigeria submitted through the African Commission on Human Rights is an example thereof. Another example is the case brought to the Inter-American Commission on Human Rights on behalf of indigenous Guarani people living in the Oriente region in Ecuador against the oil exploitation activities by their own Government and Texaco.
- Body
- Special Rapporteur on the right to food
- Document type
- Special Procedures' report
- Topic(s)
- Food & Nutrition
- Governance & Rule of Law
- Person(s) affected
- Ethnic minorities
- Year
- 2015
Paragraph
Access to justice and the right to food: the way forward 2015, para. 60
- Paragraph text
- General comments do not establish legal obligations, but elaborate on the practical implications of those obligations. The treaty bodies, however, have legally binding powers. In February 2013, the Committee of the Rights of the Child adopted general comment No. 16 (2013) on State obligations regarding the impact of the business sector on children's rights to elaborate on the practical implications of those obligations. The Committee also noted that the existing instruments and guidance did not sufficiently address the particular situation and needs of children. The treaty bodies have also contributed to the protection of the rights of groups such as indigenous people and small-scale farmers, whose rights are routinely disregarded by foreign States and private actors based in third countries. Moreover, in recent years a number special procedure mandate holders have sent various communications to States concerning the application of extraterritorial obligations, especially in cases involving allegations of corporate abuse of human rights in host States.
- Body
- Special Rapporteur on the right to food
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Food & Nutrition
- Governance & Rule of Law
- Person(s) affected
- Children
- Ethnic minorities
- Year
- 2015
Paragraph
Access to justice for people living in poverty 2012, para. 18
- Paragraph text
- Certain groups that suffer from structural discrimination and exclusion and are disproportionately represented among the poor, particularly ethnic and racial minorities, migrants and indigenous peoples, encounter additional barriers to accessing justice. Those difficulties are multiplied for women living in poverty, who experience compounded discrimination and disempowerment, not to mention financial constraints. Therefore, across different contexts, women living in poverty experience particular difficulties in accessing justice mechanisms and winning judicial recognition, action and enforcement for crimes, discrimination and human rights violations they are disproportionately subject to. Children are often denied the due process guarantees that they are entitled to on the same basis as adults, as well as additional protections that are necessary, in particular when they are particularly deprived or marginalized.
- Body
- Special Rapporteur on extreme poverty and human rights
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Governance & Rule of Law
- Poverty
- Social & Cultural Rights
- Person(s) affected
- Children
- Ethnic minorities
- Persons on the move
- Women
- Year
- 2012
Paragraph
Access to justice for people living in poverty 2012, para. 95
- Paragraph text
- Given the great diversity of social contexts, there is no "one size fits all" solution for ensuring access to justice for persons living in poverty. Differing national and local contexts create a variety of challenges and opportunities for reform that must be taken into account. Success in all contexts, however, will share the features of a human rights-based approach. Solutions require tackling not only legal obstacles but also a range of extralegal factors: social, economic, cultural, linguistic, etc. Solutions must be sought at local levels, designed and implemented with the active participation of the communities affected. Therefore, policymakers and legal authorities should have a specific contextual understanding of local legal institutions and the variety of obstacles on the ground that impede access to justice by persons living in poverty, and implement multidimensional solutions that can strengthen their agency and ensure their enjoyment of their rights. Special attention must be paid to women and groups that are particularly excluded, such as indigenous peoples, older persons and migrants. With this in mind, States must take immediate and effective action to ensure that persons living in poverty are not denied enjoyment of their human rights because of insurmountable obstacles which prevent them from accessing the justice system. To this end, the Special Rapporteur wishes to present the following recommendations.
- Body
- Special Rapporteur on extreme poverty and human rights
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Governance & Rule of Law
- Poverty
- Person(s) affected
- Ethnic minorities
- Persons on the move
- Women
- Year
- 2012
Paragraph
Access to land and the right to food 2010, para. 11
- Paragraph text
- Indigenous peoples are increasingly victims of the exploitation of natural resources on their lands, which are often regarded as belonging to the State. The demarcation of their lands and territories is a lengthy process that includes many obstacles. Participation is generally lacking. Yet, International Labour Organization (ILO) Convention No. 169, concerning indigenous and tribal peoples in independent countries, which entered into force in 1991, provides for a number of guarantees related to land. Although the Convention has been insufficiently ratified, that has been compensated for in part through the adoption on 13 September 2007 by the General Assembly, in its resolution 61/295, of the Declaration on the Rights of Indigenous Peoples, which contributes to the formation of international customary law on this issue. The Declaration provides, in its article 8 (2) (b), that States should prohibit "any action which has the aim or effect of dispossessing [indigenous peoples] of their lands, territories or resources", a requirement that replicates article 18 of ILO Convention No. 169. It also prohibits, in its article 10, any forcible removal of indigenous peoples from their lands or territories, imposing the requirements of free, prior and informed consent, agreement on just and fair compensation and, where possible, the option of return (for relocations).
- Body
- Special Rapporteur on the right to food
- Document type
- Special Procedures' report
- Topic(s)
- Civil & Political Rights
- Environment
- Governance & Rule of Law
- Person(s) affected
- Ethnic minorities
- Year
- 2010
Paragraph
Access to land and the right to food 2010, para. 12
- Paragraph text
- In addition, the right of all peoples to freely dispose of their natural wealth and resources - as provided for in article 1 of the International Covenant on Economic, Social and Cultural Rights of 16 December 1966 and in article 1 of the International Covenant on Civil and Political Rights of 16 December 1966 - entails the protection of indigenous peoples from certain forms of dispossession from their territories or from the resources on which they depend. Article 5 (d) (v) of the International Convention on the Elimination of All Forms of Racial Discrimination also protects the right of indigenous communities to their lands. And the right of indigenous peoples to the official recognition and registration of their territories has been affirmed under relevant regional human rights instruments. The Inter-American Court of Human Rights and the African Commission on Human and Peoples' Rights consider that indigenous people's traditional possession of their lands has effects equivalent to those of a State-granted full property title: therefore, where members of indigenous peoples have unwillingly lost possession of their lands after a lawful transfer to innocent third parties, they are entitled to the restitution thereof or to obtain other lands of equal extension and quality. The right of indigenous communities to their lands includes the right to the natural resources contained therein. Property, as protected under article 21 of the American Convention on Human Rights, is considered to constitute a collective right of indigenous people, since land ownership is often centred not on the individual, but rather on the group and its community. Thus, States may have to recognize the customary systems of land tenure that protect communal property rights - for example, by giving the community a right to veto the alienation of its land by one of its constituent members, whether an individual or a clan, village or tribe.
- Body
- Special Rapporteur on the right to food
- Document type
- Special Procedures' report
- Topic(s)
- Environment
- Governance & Rule of Law
- Social & Cultural Rights
- Person(s) affected
- Ethnic minorities
- Year
- 2010
Paragraph
Access to land and the right to food 2010, para. 13
- Paragraph text
- International human rights law protects the relationship of indigenous communities with their lands, territories and resources by requiring States to demarcate such land, protect it from encroachment and respect the right of the communities concerned to manage it according to their internal modes of organization. Although sometimes those guarantees seem to be honoured more in the breach than in the observance, case law shows that use rights derived from customary tenure can be recognized and protected by the legal system; it also shows that the right to communal property - a right of the community rather than of the individual - is an alternative to individual property rights. On both counts, it can serve as a source of inspiration, in order to enhance the protection of the rights of other users of natural resources.
- Body
- Special Rapporteur on the right to food
- Document type
- Special Procedures' report
- Topic(s)
- Environment
- Governance & Rule of Law
- Social & Cultural Rights
- Person(s) affected
- Ethnic minorities
- Year
- 2010
Paragraph
Access to land and the right to food 2010, para. 23
- Paragraph text
- As customary forms of tenure are recognized, the relationship between individual and communal rights may vary. For instance, communal land rights may be formalized as an aggregation of individual rights. In Cambodia, although land may be held by indigenous communities as a whole, the 2001 Land Law allows individual community members to leave and receive their share of communal land, subject to the agreement of the entire community. Another approach is to allow local community authorities to administer rights. In Latin American States where indigenous groups have been granted both political rights and land rights, such groups have been able to achieve a degree of autonomy over land management, while gaining tenure security.
- Body
- Special Rapporteur on the right to food
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Social & Cultural Rights
- Person(s) affected
- Ethnic minorities
- Year
- 2010
Paragraph
Access to land and the right to food 2010, para. 40c
- Paragraph text
- [In order to respect the right to food, States should:] Respect the needs of special groups. States should implement the specific rights of indigenous peoples by demarcating their lands and territories and by providing them with specific protection. States should also protect access to fishing grounds, grazing grounds and water points for fisherfolk, herders and pastoralists, for whom the protection of commons is vital. The recognition of communal rights should extend beyond indigenous communities, at least to certain communities that entertain a similar relationship with the land, centred on the community rather than on the individual;
- Body
- Special Rapporteur on the right to food
- Document type
- Special Procedures' report
- Topic(s)
- Environment
- Equality & Inclusion
- Food & Nutrition
- Governance & Rule of Law
- Social & Cultural Rights
- Person(s) affected
- Ethnic minorities
- Year
- 2010
Paragraph
Access to land and the right to food 2010, para. 43a (ii)
- Paragraph text
- [The Special Rapporteur also makes the following recommendations to the international community:] Establish adequate governance instruments to operationalize the commitments set out in the Final Declaration of the International Conference on Agrarian Reform and Rural Development. The Voluntary Guidelines on Responsible Governance of Tenure of Land and other Natural Resources could make a significant contribution, provided that they: Provide for the systematic and comprehensive interpretation of existing provisions of international human rights and environmental law that protect the rights of land users in all categories, whether indigenous peoples or other rural groups such as peasants, pastoralists and fisherfolk. The international recognition of the rights of these groups is scattered among various instruments and lacks systematic interpretation. The FAO Committee on World Food Security could also play an important role by: a. Establishing a mechanism for follow-up to the Conference commitments; b. Commissioning an independent review by the Committee's High-level Panel of Experts on Food Security and Nutrition of best practices in agrarian reform;
- Body
- Special Rapporteur on the right to food
- Document type
- Special Procedures' report
- Topic(s)
- Environment
- Food & Nutrition
- Governance & Rule of Law
- Person(s) affected
- Ethnic minorities
- Year
- 2010
Paragraph
Achieving durable solutions for internally displaced persons in urban settings 2014, para. 59
- Paragraph text
- In some cases, such as in Colombia, there are hundreds of associations of internally displaced persons, representing various communities of origin, women's groups or indigenous groups, among others. The Government has set up a consultative process with those associations that reaches out to such groups. The Government of Georgia has also engaged in widespread consultations with internally displaced persons (see A/HRC/26/33/Add.1). While not flawless, such processes represent a meaningful effort by Governments to consult internally displaced persons. Consultations can affect the attitude of the Government towards such persons, as was the case in Afghanistan. For example, until 2013, the authorities had not considered internally displaced persons to be permanent citizens of Herat, but, following the consultations, the political elites of the city now acknowledge the permanent settlement of those persons in the city. In a major breakthrough, the Government is now considering upgrading and regularizing the Maslakh settlement. Measures aimed at achieving durable solutions for internally displaced persons can therefore yield positive results when internally displaced persons are treated not as objects, but as active participants in the search for, and implementation of, durable solutions.
- Body
- Special Rapporteur on the human rights of internally displaced persons
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Movement
- Social & Cultural Rights
- Person(s) affected
- Ethnic minorities
- Persons on the move
- Women
- Year
- 2014
Paragraph
Activities of the Working Group 2016, para. 44
- Paragraph text
- The Working Group welcomes the 10-point plan of the Caribbean Community (CARICOM) established by the Community's Reparations Commission in order to achieve reparatory justice for the region's indigenous and African descendant communities who are the victims of crimes against humanity.
- Body
- Working Group of experts on people of African descent
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Person(s) affected
- Ethnic minorities
- Year
- 2016
Paragraph
Adequacy of the international legal framework on violence against women 2017, para. 29
- Paragraph text
- Civil society organizations also claimed that the current framework failed to address violence against women in specific contexts such as violence against women in conflict; situations of “invisible violence”, namely economic violence and psychological violence against, for instance, women belonging to minority groups; and the specific experiences of children exposed to violence against women. They also pointed out that, among the substantive issues that were missing in the current legal framework, there was the need to create an intersectionality of approach, including the initiatives by the Committee on the Rights of the Child, the Committee on Economic, Social and Cultural Rights, the Human Rights Council and the Committee on the Elimination of Racial Discrimination.
- Body
- Special Rapporteur on violence against women, its causes and consequences
- Document type
- Special Procedures' report
- Topic(s)
- Gender
- Governance & Rule of Law
- Violence
- Person(s) affected
- Children
- Ethnic minorities
- Women
- Year
- 2017
Paragraph
Adequacy of the international legal framework on violence against women 2017, para. 66
- Paragraph text
- The Secretary-General could be asked to convene a high-level panel on intensifying efforts to prevent and eliminate all forms of violence, especially violence and discrimination against indigenous women and girls. States could increase regional monitoring and interregional cooperation; the Great Lakes treaty processes have been praised in that regard.
- Body
- Special Rapporteur on violence against women, its causes and consequences
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Violence
- Person(s) affected
- Ethnic minorities
- Girls
- Women
- Year
- 2017
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. 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. 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. 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. 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
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. 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
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. 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. 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
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. 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. 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