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Rights of persons belonging to national or ethnic, religious and linguistic minorities, para. 26
- Paragraph text
- 6 (g) Ensuring the full and effective participation of minority youth in economic life, as appropriate, without discrimination based on language, religion or ethnicity, including by developing training and professional orientation programmes and ensuring that such programmes are made available in minority languages;
- Body
- United Nations Human Rights Council
- Document type
- Resolution
- Topic(s)
- Economic Rights
- Equality & Inclusion
- Social & Cultural Rights
- Person(s) affected
- Ethnic minorities
- Youth
- Year
- 2018
Paragraph
Rights of persons belonging to national or ethnic, religious and linguistic minorities, para. 39
- Paragraph text
- 12. Decides to continue its consideration of this issue in accordance with its programme of work.
- Body
- United Nations Human Rights Council
- Document type
- Resolution
- Topic(s)
- Economic Rights
- Governance & Rule of Law
- Person(s) affected
- Ethnic minorities
- Year
- 2018
Paragraph
Financialization of housing and the right to adequate housing 2017, para. 54
- Paragraph text
- Claims have recently been brought against the Dominican Republic and Panama, for example, on the basis that government decisions to cancel planned luxury developments in order to protect indigenous territories or environmental resources violated investors' rights under bilateral investment treaties. The Government of Mauritius is currently being taken to arbitration by a group of property development companies from the United Kingdom that invested in luxury real estate developments in Mauritius and are now seeking damages for a decision on the part of the Government to change its planning policy to restrict such developments.
- Body
- Special Rapporteur on adequate housing as a component of the right to an adequate standard of living
- Document type
- Special Procedures' report
- Topic(s)
- Economic Rights
- Environment
- Governance & Rule of Law
- Person(s) affected
- Ethnic minorities
- Year
- 2017
Paragraph
Financialization of housing and the right to adequate housing 2017, para. 44
- Paragraph text
- The housing sector in the global South has not been subject to extensive financing of homeownership. Only about 17 per cent of the population in Botswana, Kenya, Namibia and Zambia, for example, would be eligible for mortgage finance based on existing criteria. Low-income, informal and indigenous communities have nevertheless experienced, first-hand, the power of financial corporations to appropriate land and real estate and to generate vast disparities in wealth by treating housing and land as commodities. The displacement of Garifuna communities by model cities containing luxury developments for tourists and wealthy residents in Honduras is an example of the kinds of displacements of communities and forced evictions that are occurring in many countries (see A/HRC/33/42/Add.2, para. 56). Many local and national governments looking for capital investment have opted to sell land to major developers at the expense of indigenous and impoverished communities and those living in precarious housing.
- Body
- Special Rapporteur on adequate housing as a component of the right to an adequate standard of living
- Document type
- Special Procedures' report
- Topic(s)
- Economic Rights
- Movement
- Social & Cultural Rights
- Person(s) affected
- Ethnic minorities
- Persons on the move
- Year
- 2017
Paragraph
Human rights and indigenous peoples 2017, para. 6
- Paragraph text
- Taking note with appreciation of the study of the Expert Mechanism on the Rights of Indigenous Peoples on the theme “Good practices and challenges, including discrimination, in business and in access to financial services by indigenous peoples, in particular indigenous women and indigenous persons with disabilities”, submitted to the Human Rights Council at its thirty-sixth session, and encouraging all parties to consider the examples of good practices and recommendations included in the study as practical advice on how to attain the end goals of the United Nations Declaration on the Rights of Indigenous Peoples,
- Body
- United Nations Human Rights Council
- Document type
- Resolution
- Topic(s)
- Economic Rights
- Equality & Inclusion
- Person(s) affected
- Ethnic minorities
- Women
- Year
- 2017
Paragraph
Rights of indigenous peoples 2017, para. 23
- Paragraph text
- Concerned about the extreme disadvantages that indigenous peoples have typically faced across a range of social and economic indicators and about the impediments to their full enjoyment of their rights,
- Body
- United Nations General Assembly
- Document type
- Resolution
- Topic(s)
- Economic Rights
- Equality & Inclusion
- Social & Cultural Rights
- Person(s) affected
- Ethnic minorities
- Year
- 2017
Paragraph
State obligations under the International Covenant on Economic, Social and Cultural Rights in the context of business activities 2017, para. 12
- Paragraph text
- The obligation to respect economic, social and cultural rights is violated when States parties prioritize the interests of business entities over Covenant rights without adequate justification, or when they pursue policies that negatively affect such rights. This may occur for instance when forced evictions are ordered in the context of investment projects. Indigenous peoples’ cultural values and rights associated with their ancestral lands are particularly at risk. States parties and businesses should respect the principle of free, prior and informed consent of indigenous peoples in relation to all matters that could affect their rights, including their lands, territories and resources that they have traditionally owned, occupied or otherwise used or acquired.
- Body
- Committee on Social, Economic and Cultural Rights
- Document type
- General Comment / Recommendation
- Topic(s)
- Economic Rights
- Environment
- Social & Cultural Rights
- Person(s) affected
- Ethnic minorities
- Year
- 2017
Paragraph
Implementation of the United Nations Declaration on the Rights of Indigenous Peoples and the work of the Special Rapporteur on the rights of indigenous peoples 2017, para. 43
- Paragraph text
- While there are some good practices of indigenous-led initiatives supported by States, it remains a serious concern that certain traditional livelihoods and indigenous economic practices are still disregarded and marginalized in many countries, in disregard of article 20 of the Declaration. This is the case with traditional pastoralism in eastern Africa, hunting and gathering, traditional agricultural practices such as shifting cultivation in South-East Asia, small-scale traditional fishing in many coastal areas, or reindeer-herding in the Arctic. Moreover, the contributions of these indigenous livelihoods and economic activities to the general economy are not adequately valuated and taken into account. The right of indigenous peoples to continue practising their traditional livelihoods is often violated in contrast with the protection of the rights and claims of those dominating the national economy.
- Body
- Special Rapporteur on the rights of indigenous peoples
- Document type
- Special Procedures' report
- Topic(s)
- Economic Rights
- Environment
- Social & Cultural Rights
- Person(s) affected
- Ethnic minorities
- Year
- 2017
Paragraph
Implementation of the United Nations Declaration on the Rights of Indigenous Peoples and the work of the Special Rapporteur on the rights of indigenous peoples 2017, para. 16
- Original document
- Paragraph text
- In this sense, the work of the mandate holder has sought to clarify standards contained in the Declaration, and other relevant existing human rights instruments, both in general and in specific contexts. For instance, after the adoption of the Guiding Principles on Business and Human Rights, the previous Special Rapporteur analysed how indigenous peoples’ rights should be interpreted and implemented in the context of business activities affecting them, both in relation to State duties and companies’ responsibilities, and developed further in-depth work on the issue focused on the activities of extractive industries. The current Special Rapporteur has provided interpretations of standards in relation to economic, social and cultural rights and sustainable development and to investment agreements, as well as analyses of conservation activities and climate change measures.
- Body
- Special Rapporteur on the rights of indigenous peoples
- Document type
- Special Procedures' report
- Topic(s)
- Economic Rights
- Environment
- Governance & Rule of Law
- Person(s) affected
- Ethnic minorities
- Year
- 2017
Paragraph
Rights of indigenous peoples 2017, para. 17
- Paragraph text
- Underlining the responsibility of transnational corporations and other business enterprises to respect all human rights, applicable laws and international principles and operate transparently and in a socially and environmentally responsible manner, and emphasizing the need to refrain from negatively affecting the well-being of indigenous peoples and to take further action towards corporate responsibility and accountability, including the prevention, mitigation and remediation of human rights abuses,
- Body
- United Nations General Assembly
- Document type
- Resolution
- Topic(s)
- Economic Rights
- Environment
- Person(s) affected
- Ethnic minorities
- Year
- 2017
Paragraph
Rights of indigenous peoples 2017, para. 20
- Paragraph text
- Recognizing further the importance of traditional sustainable agricultural practices, including traditional seed supply systems, as well as access to credit and other financial services, markets, secure land tenure, health care and health-care services, social services, education, training, knowledge and appropriate and affordable technologies, including efficient irrigation, the reuse of treated wastewater and water harvesting and storage for indigenous peoples and others living in rural areas,
- Body
- United Nations General Assembly
- Document type
- Resolution
- Topic(s)
- Economic Rights
- Health
- Social & Cultural Rights
- Water & Sanitation
- Person(s) affected
- Ethnic minorities
- Year
- 2017
Paragraph
The right to food 2017, para. 21
- Paragraph text
- Welcomes the outcome document of the high-level plenary meeting of the General Assembly known as the World Conference on Indigenous Peoples, held on 22 and 23 September 2014, and the commitment to developing, in conjunction with the indigenous peoples concerned and where appropriate, policies, programmes and resources to support indigenous peoples' occupations, traditional subsistence activities, economies, livelihoods, food security and nutrition;
- Body
- United Nations Human Rights Council
- Document type
- Resolution
- Topic(s)
- Economic Rights
- Equality & Inclusion
- Food & Nutrition
- Governance & Rule of Law
- Health
- Person(s) affected
- Ethnic minorities
- Year
- 2017
Paragraph
State obligations under the International Covenant on Economic, Social and Cultural Rights in the context of business activities 2017, para. 17
- Paragraph text
- States parties should ensure that, where appropriate, the impacts of business activities on indigenous peoples specifically (in particular, actual or potential adverse impacts on indigenous peoples’ rights to land, resources, territories, cultural heritage, traditional knowledge and culture) are incorporated into human rights impact assessments. In exercising human rights due diligence, businesses should consult and cooperate in good faith with the indigenous peoples concerned through indigenous peoples’ own representative institutions in order to obtain their free, prior and informed consent before the commencement of activities. Such consultations should allow for identification of the potentially negative impact of the activities and of the measures to mitigate and compensate for such impact. They should also lead to design mechanisms for sharing the benefits derived from the activities, since companies are bound by their duty to respect indigenous rights to establish mechanisms that ensure that indigenous peoples share in the benefits generated by the activities developed on their traditional territories.
- Body
- Committee on Social, Economic and Cultural Rights
- Document type
- General Comment / Recommendation
- Topic(s)
- Economic Rights
- Environment
- Equality & Inclusion
- Social & Cultural Rights
- Person(s) affected
- Ethnic minorities
- Year
- 2017
Paragraph
State obligations under the International Covenant on Economic, Social and Cultural Rights in the context of business activities 2017, para. 9
- Paragraph text
- Certain segments of the population face a greater risk of suffering intersectional and multiple discrimination. For instance, investment-linked evictions and displacements often result in physical and sexual violence against, and inadequate compensation and additional burdens related to resettlement for, women and girls. In the course of such investment-linked evictions and displacements, indigenous women and girls face discrimination both due to their gender and because they identify as indigenous people. In addition, women are overrepresented in the informal economy and are less likely to enjoy labour-related and social security protections. Furthermore, despite some improvement, women continue to be underrepresented in corporate decision-making processes worldwide. The Committee therefore recommends that States parties address the specific impacts of business activities on women and girls, including indigenous women and girls, and incorporate a gender perspective into all measures to regulate business activities that may adversely affect economic, social and cultural rights, including by consulting the Guidance on National Action Plans on Business and Human Rights. States parties should also take appropriate steps, including through temporary special measures, to improve women’s representation in the labour market, including at the upper echelons of the corporate hierarchy.
- Body
- Committee on Social, Economic and Cultural Rights
- Document type
- General Comment / Recommendation
- Topic(s)
- Economic Rights
- Equality & Inclusion
- Movement
- Social & Cultural Rights
- Person(s) affected
- Ethnic minorities
- Girls
- Persons on the move
- Women
- Year
- 2017
Paragraph
Implementation of the United Nations Declaration on the Rights of Indigenous Peoples and the work of the Special Rapporteur on the rights of indigenous peoples 2017, para. 32
- Paragraph text
- Furthermore, Nepal (2007), Spain (2007), Chile (2008), the Central African Republic (2010) and Nicaragua (2010) have ratified the Indigenous and Tribal Peoples Convention, 1989 (No. 169) of the International Labour Organization (ILO) during the past decade.
- Body
- Special Rapporteur on the rights of indigenous peoples
- Document type
- Special Procedures' report
- Topic(s)
- Economic Rights
- Governance & Rule of Law
- Person(s) affected
- Ethnic minorities
- Year
- 2017
Paragraph
Environmental human rights defenders 2016, para. 31
- Paragraph text
- Reports also indicate that most individuals and groups facing threats are those who oppose land grabbing, extractive industries, the industrial timber trade and large-scale development projects. Indigenous communities and ethnic and racial minorities are particularly vulnerable (see A/HRC/24/41 and A/71/291). They are the most affected because the resources exploited are usually located in their lands; they lack legal protection while exerting strong and vocal opposition; many indigenous communities do not hold formal title over the land they inhabit; and their access to justice is limited.
- Body
- Special Rapporteur on the situation of human rights defenders
- Document type
- Special Procedures' report
- Topic(s)
- Civil & Political Rights
- Economic Rights
- Environment
- Person(s) affected
- Ethnic minorities
- Year
- 2016
Paragraph
Analysis of the impacts of international investment agreements on the rights of indigenous peoples 2016, para. 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. 37
- Paragraph text
- International investment agreements that have facilitated and protected investments in indigenous territories are often accompanied by the deployment of military and private security services. The effects of this are a major concern in many jurisdictions, in particular those with histories of low-intensity conflict. As a result, under international human rights law, and as reflected in article 30 of the United Nations Declaration on the Rights of Indigenous Peoples, military activities should not take place in the lands or territories of indigenous peoples, unless justified by a relevant public interest or otherwise freely agreed to or requested by the indigenous peoples concerned. However, such security presences are effectively mandated under certain existing interpretations of the provisions of such agreements on full protection and security, leading to a direct conflict between international investment law and international human rights law.
- Body
- Special Rapporteur on the rights of indigenous peoples
- Document type
- Special Procedures' report
- Topic(s)
- Economic Rights
- Governance & Rule of Law
- Humanitarian
- Person(s) affected
- Ethnic minorities
- Year
- 2016
Paragraph
Analysis of the impacts of international investment agreements on the rights of indigenous peoples 2016, para. 38
- Paragraph text
- In some cases, international investment agreements, and measures deemed necessary to facilitate their implementation, have triggered large-scale conflict and significant loss of life. On 1 January 1994, when the North American Free Trade Agreement came into effect and triggered privatization of indigenous peoples' communal lands, the Zapatista National Liberation Army, composed of indigenous peoples from Chiapas, initiated an armed rebellion, calling the Agreement a "death sentence" for indigenous peoples.
- Body
- Special Rapporteur on the rights of indigenous peoples
- Document type
- Special Procedures' report
- Topic(s)
- Economic Rights
- Environment
- Governance & Rule of Law
- Person(s) affected
- Ethnic minorities
- Year
- 2016
Paragraph
Analysis of the impacts of international investment agreements on the rights of indigenous peoples 2016, para. 39
- Paragraph text
- Some 14 years later, the free trade agreement between the United States and Peru was used as a pretext for a series of neo-liberal legislative decrees, 10 of which had seriously negative implications for Amazonian indigenous peoples' territorial rights. The refusal of the Government of Peru to accept proposals made by indigenous peoples triggered mobilization, resulting in the tragic deaths of 30 people when the military was deployed in response.
- Body
- Special Rapporteur on the rights of indigenous peoples
- Document type
- Special Procedures' report
- Topic(s)
- Economic Rights
- Environment
- Governance & Rule of Law
- Person(s) affected
- Ethnic minorities
- Year
- 2016
Paragraph
Analysis of the impacts of international investment agreements on the rights of indigenous peoples 2016, para. 41
- Paragraph text
- In the International Centre for Settlement of Investment Disputes case Burlington Resources Inc. v. Ecuador (2010) the oil and gas company claimed that Ecuador had failed to meet its obligations to give its operations full protection and security against indigenous peoples' opposition and at times violent protests. The State argued that the indigenous peoples' actions had been a case of force majeure and did not address the issue of indigenous peoples' rights in its defence. The security aspect of the claim was rejected on procedural grounds without addressing the indigenous rights issues. The case was also subject to parallel consideration by the Inter-American Commission on Human Rights and the Inter-American Court of Human Rights . In 2012, the Court ruled that the failure to consult the indigenous peoples and obtain their free, prior and informed consent, and the use of force by the State, had put the indigenous peoples' survival at risk.
- Body
- Special Rapporteur on the rights of indigenous peoples
- Document type
- Special Procedures' report
- Topic(s)
- Economic Rights
- Environment
- Governance & Rule of Law
- Person(s) affected
- Ethnic minorities
- Year
- 2016
Paragraph
Analysis of the impacts of international investment agreements on the rights of indigenous peoples 2016, para. 42
- Paragraph text
- In Chevron v. Ecuador (2014), the company took a series of arbitration cases to avoid paying damages awarded by Ecuadorian courts in 2011. The $8.6 billion award followed a class action suit addressing harms suffered by indigenous peoples as a result of environmental contamination. The case demonstrates the extremely broad and potentially indigenous rights-denying interpretation of "investment" as including a lawsuit in domestic courts and payments to affected people arising from the lack of remediation. Precautionary measures were subsequently sought from the Inter-American Commission on Human Rights seeking to prevent any action arising from the investor-State dispute settlement award that would contravene, undermine, or threaten the human rights of the concerned indigenous communities.
- Body
- Special Rapporteur on the rights of indigenous peoples
- Document type
- Special Procedures' report
- Topic(s)
- Economic Rights
- Environment
- Governance & Rule of Law
- Person(s) affected
- Ethnic minorities
- Year
- 2016
Paragraph
Analysis of the impacts of international investment agreements on the rights of indigenous peoples 2016, para. 67
- Paragraph text
- All of the above reflects the fact that, at its core, the investor-State dispute settlement system is adversarial and based on private law, in which affected third-party actors, such as indigenous peoples, have no standing and extremely limited opportunities to participate. Amicus submissions and participations at the request of States are grossly inadequate in a context where States and investors are involved in causing and benefiting from harm to indigenous peoples' rights.
- Body
- Special Rapporteur on the rights of indigenous peoples
- Document type
- Special Procedures' report
- Topic(s)
- Economic Rights
- Governance & Rule of Law
- Person(s) affected
- Ethnic minorities
- Year
- 2016
Paragraph
Analysis of the impacts of international investment agreements on the rights of indigenous peoples 2016, para. 68
- Paragraph text
- In their responses to questionnaires, a number of States pointed to the approach adopted by the European Union, which is to a degree reflected in chapter 8 of the Comprehensive Economic and Trade Agreement between Canada and the European Union, as a step towards reforming dispute resolution systems. Among its improved features is a revised model for appointing State party-nominated arbitrations, eliminating conflicts of interest arising from arbitrators who also act as council and expert, and gaining access to a full appellate review after awards have been rendered. The approach of Brazil in its recent bilateral investment treaties, which do not provide access to investor-State dispute settlements and instead rely on a combination of mediation and diplomatic approaches and State to State arbitration, is also noteworthy.
- Body
- Special Rapporteur on the rights of indigenous peoples
- Document type
- Special Procedures' report
- Topic(s)
- Economic Rights
- Governance & Rule of Law
- Person(s) affected
- Ethnic minorities
- Year
- 2016
Paragraph
Analysis of the impacts of international investment agreements on the rights of indigenous peoples 2016, para. 69
- Paragraph text
- In addition to acknowledging the need to reform dispute resolution systems, States emphasized the need to guarantee the regulatory space necessary for the realization of indigenous peoples' rights, including the requirement for prior consultation with the objective of free, prior and informed consent. The responses suggest that the intent and expectation of home and host States when entering into international investment agreements was not to place limitations on their ability to fulfil indigenous peoples' rights, the presumption being that the State maintains the right to regulate without facing compensation demands and that, where necessary, protections afforded to investors must be balanced in a proportionate manner against the duty to protect indigenous peoples' rights. The Special Rapporteur encourages more States to respond to her questionnaires, which are available in English, French and Spanish and will inform her final report on the issue.
- Body
- Special Rapporteur on the rights of indigenous peoples
- Document type
- Special Procedures' report
- Topic(s)
- Economic Rights
- Governance & Rule of Law
- Person(s) affected
- Ethnic minorities
- Year
- 2016
Paragraph
Analysis of the impacts of international investment agreements on the rights of indigenous peoples 2016, para. 83
- Paragraph text
- The Special Rapporteur believes that it is possible to develop a system of international investment law that reduces risk to indigenous peoples' rights and serves to benefit them and the State, while providing greater investment security to foreign investors. Both short- and longer-term reforms, at the level of international investment law and in domestic regulatory frameworks of home and host States, and in the policies, practices and obligations of investors, will be necessary in order to realize this.
- Body
- Special Rapporteur on the rights of indigenous peoples
- Document type
- Special Procedures' report
- Topic(s)
- Economic Rights
- Governance & Rule of Law
- Person(s) affected
- Ethnic minorities
- Year
- 2016
Paragraph
Analysis of the impacts of international investment agreements on the rights of indigenous peoples 2016, para. 18
- Paragraph text
- Human rights bodies have consequently clarified that economic growth or national development cannot be used as a basis for non-consensual infringements on the territorial and cultural rights of indigenous peoples. This is reinforced by the erga omnes nature of the right of all peoples to self-determination, the prohibition of racial discrimination and the fact that their protection is a matter of public interest.
- Body
- Special Rapporteur on the rights of indigenous peoples
- Document type
- Special Procedures' report
- Topic(s)
- Economic Rights
- Equality & Inclusion
- Social & Cultural Rights
- Person(s) affected
- Ethnic minorities
- Year
- 2016
Paragraph
Minorities and discrimination based on caste and analogous systems of inherited status 2016, para. 120
- Paragraph text
- Civil society organizations are instrumental in advancing the cause of caste-affected communities through advocacy at both the national and international levels, networking and implementation of specific programmes and campaigns to combat caste and caste-like discrimination. There are numerous good practice initiatives led by civil society actors to eradicate caste-based discrimination against Dalit communities in South Asia; however, similar initiatives to combat discrimination against other caste-affected groups in other regions are, with some exceptions, still emerging.
- Body
- Special Rapporteur on minority issues
- Document type
- Special Procedures' report
- Topic(s)
- Economic Rights
- Equality & Inclusion
- Person(s) affected
- Ethnic minorities
- Year
- 2016
Paragraph
Rights of indigenous peoples 2016, para. 21
- Paragraph text
- Concerned about the extreme disadvantages that indigenous peoples have typically faced across a range of social and economic indicators and about the impediments to their full enjoyment of their rights,
- Body
- United Nations General Assembly
- Document type
- Resolution
- Topic(s)
- Economic Rights
- Equality & Inclusion
- Social & Cultural Rights
- Person(s) affected
- Ethnic minorities
- Year
- 2016
Paragraph
Fundamentalism and its impact on the rights to freedom of peaceful assembly and of association 2016, para. 76
- Paragraph text
- Caste-based systems found in some countries in South Asia, the Middle East, Africa and the Asia-Pacific region are considered to be discrimination on the basis of descent, but are also illustrative of cultural fundamentalism that violates the rights of those considered to be of inferior status. Caste-based systems are hereditary in nature, and they determine labour and occupation status, which is confined to menial and so-called "polluting" jobs. Caste systems also include untouchability practices based on the belief that contact with individuals from lower castes is "polluting", and discourage or prohibit intercaste interactions such as marriages, eating together and sharing goods and services (see A/HRC/31/56, para. 28).
- Body
- Special Rapporteur on the rights to freedom of peaceful assembly and association
- Document type
- Special Procedures' report
- Topic(s)
- Economic Rights
- Equality & Inclusion
- Social & Cultural Rights
- Person(s) affected
- Ethnic minorities
- Year
- 2016
Paragraph