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Title | Date added | Template | Original document | Paragraph text | Body | Document type | Thematics | Topic(s) | Person(s) affected | Year |
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Overview of the activities carried during the first three-year term of the mandate 2011, para. 113 | Aug 19, 2019 | Paragraph | The Special Rapporteur is pleased to provide the General Assembly with the present report and looks forward to holding a dialogue with States about his work. Although he is encouraged by the positive developments that have taken place in many places, he remains concerned about the ongoing struggles for and violations of indigenous peoples' rights throughout the world. During the second term of his mandate, he will make the development of concrete measures to tackle these pressing problems a top priority by identifying good practices and workable models and building on advances already made. Through this work, he hopes to assist in the multifaceted efforts under way to achieve the future envisioned by the Assembly when it adopted the United Nations Declaration on the Rights of Indigenous Peoples in 2007, a future in which indigenous peoples' distinct identities and cultures are fully valued and in which they have the opportunity to control their own destinies, under conditions of equality, within the broader societies in which they live. | Special Rapporteur on the rights of indigenous peoples | Special Procedures' report |
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| 2011 | ||
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. 77 | Aug 19, 2019 | Paragraph | The Special Rapporteur sees three principal aspects of the external dimension. A first aspect has to do with the participation of indigenous peoples in the broader public or political life of the State. Almost invariably, the participation of indigenous peoples in the broader public life of the State is inadequate and not proportional in relation to indigenous populations. While there are numerous examples of efforts by States to increase indigenous political participation through various measures, continued steps need to be taken to ensure greater indigenous participation in the public sphere. In this regard, special measures may be required to ensure that indigenous peoples can participate on equal footing in the public and political life of States. | Special Rapporteur on the rights of indigenous peoples | Special Procedures' report |
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| 2010 | ||
Analysis of the impacts of international investment agreements on the rights of indigenous peoples 2016, para. 85 | Aug 19, 2019 | Paragraph | The outdated belief of States that they are in a position to guarantee security for investors while ignoring the human rights of indigenous peoples must be debunked. Investors must take responsibility for assessing the social and political risk associated with their investments. Otherwise, their expectations cannot be legitimate. Dispute resolution systems can no longer exclude those who are most affected by the disputes they purportedly resolve, otherwise their awards lack legitimacy. Full and effective participation of indigenous peoples in accordance with their right to give or withhold consent, together with ensuring equity of remedies, are key principles in moving beyond the current unbalanced and incoherent system. The Special Rapporteur encourages cooperation and creative thinking in that regard and looks forward to developing her final report, in which she will examine the interplay of investor protections and indigenous peoples' rights and consider how human rights and sustainable development approaches can help inform the future of international investment law. | Special Rapporteur on the rights of indigenous peoples | Special Procedures' report |
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| 2016 | ||
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. 74c | Aug 19, 2019 | Paragraph | [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:] Providing indigenous peoples with the opportunity to participate as equal partners in the development process when both their particular interests and the interests of the larger societies of which they form a part are implicated, allowing them to genuinely influence decisions concerning development activities, fully participate in their design and implementation and directly benefit from any economic or other benefits that are derived from them; | Special Rapporteur on the rights of indigenous peoples | Special Procedures' report |
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| 2010 | ||
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. 97 | Aug 19, 2019 | Paragraph | Urgent measures should be adopted to protect indigenous peoples’ rights to life and security, particularly when they are exercising or defending their rights. Impunity for crimes committed against indigenous peoples must end. | Special Rapporteur on the rights of indigenous peoples | Special Procedures' report |
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| 2017 | ||
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. 92 | Aug 19, 2019 | Paragraph | Public policies must be put in place as part of a coordinated and systematic action of the State to empower indigenous peoples to control their own destiny, through support for their own development priorities. | Special Rapporteur on the rights of indigenous peoples | Special Procedures' report |
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| 2017 | ||
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. 91 | Aug 19, 2019 | Paragraph | Domestic legal frameworks should be reviewed in order to ensure coherence with international human rights standards on the rights of indigenous peoples. New legislation should be developed where necessary or existing legislation amended. Any provisions which contravene the rights of indigenous peoples should be repealed. | Special Rapporteur on the rights of indigenous peoples | Special Procedures' report |
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| 2017 | ||
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. 90 | Aug 19, 2019 | Paragraph | All measures and actions should be developed in cooperation with indigenous peoples, as stated in the Declaration. | Special Rapporteur on the rights of indigenous peoples | Special Procedures' report |
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| 2017 | ||
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. 89 | Aug 19, 2019 | Paragraph | Recognition of indigenous peoples as distinct peoples entitled to the collective and individual human rights enshrined in the Declaration is a precondition for its implementation. | Special Rapporteur on the rights of indigenous peoples | Special Procedures' report |
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| 2017 | ||
Analysis of the impacts of international investment agreements on the rights of indigenous peoples 2016, para. 108 | Aug 19, 2019 | Paragraph | Longer-term reform of international investment law necessitates a shift in thinking about the purpose and nature of international investment agreements and dispute resolution mechanisms. Rather than viewing their role as purely, or even perhaps primarily, to protect investor rights, they need to be understood within a broader public policy and the international law framework, commensurate with our stage of economic globalization and interdependence, such that legitimate investor protections work in harmony with indigenous and human rights rather than acting as a constraint upon long-term public policy objectives and serving to further fragment the international order. This will involve redesigning aspects of the international investment law system that are not fit for purpose. The objective should be to protect the legitimate rights of investors and the need for reasonable predictability, while also guaranteeing the State's right to regulate and protect fundamental human rights, and ensuring that the rights of the most vulnerable are not subordinated to the economic interests of the most powerful. | Special Rapporteur on the rights of indigenous peoples | Special Procedures' report |
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| 2016 | ||
Analysis of the impacts of international investment agreements on the rights of indigenous peoples 2016, para. 107 | Aug 19, 2019 | Paragraph | In order to suspend or terminate an international investment agreement that affects indigenous peoples' rights, States could invoke article 62 (2) of the Vienna Convention on the law of treaties in relation to a fundamental change in circumstances, such as the recognition of indigenous peoples within their borders. To do so, they would need to show that: (a) such recognition was not foreseen when the agreement was entered into, which could be explained by the evolving understanding of States in Asia and Africa as to what constitutes an indigenous people in those regions; (b) the change radically transforms the extent of obligations still to be performed under the treaty, as could be the case given the requirement to obtain indigenous peoples' free, prior and informed consent to investment plans; and (c) the change is not the result of a breach by the party invoking it either of an obligation under the treaty or of any other international obligation owed to any other party to the treaty, a threshold that is not met by the recognition of indigenous peoples' rights within the host State. | Special Rapporteur on the rights of indigenous peoples | Special Procedures' report |
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| 2016 | ||
Analysis of the impacts of international investment agreements on the rights of indigenous peoples 2016, para. 103f | Aug 19, 2019 | Paragraph | Host States must comply with their duty to regulate in relation to indigenous peoples' rights to: (f) A permanent and enduring way of life of their own choosing. | Special Rapporteur on the rights of indigenous peoples | Special Procedures' report |
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| 2016 | ||
Analysis of the impacts of international investment agreements on the rights of indigenous peoples 2016, para. 103e | Aug 19, 2019 | Paragraph | Host States must comply with their duty to regulate in relation to indigenous peoples' rights to: (e) Their beliefs and traditional knowledge; | Special Rapporteur on the rights of indigenous peoples | Special Procedures' report |
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| 2016 | ||
Analysis of the impacts of international investment agreements on the rights of indigenous peoples 2016, para. 103b | Aug 19, 2019 | Paragraph | Host States must comply with their duty to regulate in relation to indigenous peoples' rights to: (b) Restitution of land, territories and resources taken without free, prior and informed consent; | Special Rapporteur on the rights of indigenous peoples | Special Procedures' report |
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| 2016 | ||
Analysis of the impacts of international investment agreements on the rights of indigenous peoples 2016, para. 103a | Aug 19, 2019 | Paragraph | Host States must comply with their duty to regulate in relation to indigenous peoples' rights to: (a) Lands, territories and resources, necessitating demarcation based on customary land tenure, possession and use; | Special Rapporteur on the rights of indigenous peoples | Special Procedures' report |
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| 2016 | ||
Analysis of the impacts of international investment agreements on the rights of indigenous peoples 2016, para. 100b | Aug 19, 2019 | Paragraph | Investors should: (b) Support the transition toward a model of investment that promotes the realization of human rights. | Special Rapporteur on the rights of indigenous peoples | Special Procedures' report |
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| 2016 | ||
Analysis of the impacts of international investment agreements on the rights of indigenous peoples 2016, para. 100a | Aug 19, 2019 | Paragraph | Investors should: (a) Operate under the assumption that regulatory frameworks continuously evolve to progressively realize the human rights of indigenous peoples, as explicitly required by international human rights law; | Special Rapporteur on the rights of indigenous peoples | Special Procedures' report |
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| 2016 | ||
Analysis of the impacts of international investment agreements on the rights of indigenous peoples 2016, para. 99a | Aug 19, 2019 | Paragraph | States should consider: (a) Incorporating the provisions of international investment agreements in relation to corporate responsibility into domestic law to enable their enforcement; | Special Rapporteur on the rights of indigenous peoples | Special Procedures' report |
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| 2016 | ||
Analysis of the impacts of international investment agreements on the rights of indigenous peoples 2016, para. 98c | Aug 19, 2019 | Paragraph | International investment agreements should: (c) Require public reporting by corporations in relation to the potential impact of their operations on indigenous peoples' rights and measures taken to prevent and mitigate such impacts. | Special Rapporteur on the rights of indigenous peoples | Special Procedures' report |
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| 2016 | ||
Analysis of the impacts of international investment agreements on the rights of indigenous peoples 2016, para. 97e | Aug 19, 2019 | Paragraph | States should: (e) Strengthen their human rights arguments when responding to investor-State dispute settlement claims, emphasizing their duty to regulate in order to protect indigenous peoples' rights and the corporate responsibility to respect those rights. | Special Rapporteur on the rights of indigenous peoples | Special Procedures' report |
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| 2016 | ||
Analysis of the impacts of international investment agreements on the rights of indigenous peoples 2016, para. 97d | Aug 19, 2019 | Paragraph | States should: (d) Avoid including umbrella clauses in bilateral investment treaties; | Special Rapporteur on the rights of indigenous peoples | Special Procedures' report |
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| 2016 | ||
Analysis of the impacts of international investment agreements on the rights of indigenous peoples 2016, para. 97c | Aug 19, 2019 | Paragraph | States should: (c) Appoint arbitrators with knowledge of indigenous peoples' rights and cooperate jointly to interpret relevant international investment agreements in relation to indigenous peoples' rights; | Special Rapporteur on the rights of indigenous peoples | Special Procedures' report |
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| 2016 | ||
Analysis of the impacts of international investment agreements on the rights of indigenous peoples 2016, para. 97b | Aug 19, 2019 | Paragraph | States should: (b) Ratify the United Nations Convention on Transparency in Treaty-based Investor-State Arbitration; | Special Rapporteur on the rights of indigenous peoples | Special Procedures' report |
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| 2016 | ||
Analysis of the impacts of international investment agreements on the rights of indigenous peoples 2016, para. 97a | Aug 19, 2019 | Paragraph | States should: (a) Promote the above practices through interpretative text; | Special Rapporteur on the rights of indigenous peoples | Special Procedures' report |
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| 2016 | ||
Analysis of the impacts of international investment agreements on the rights of indigenous peoples 2016, para. 94 | Aug 19, 2019 | Paragraph | States should negotiate international investment agreements in accordance with their international cooperation obligations under the International Covenant on Economic, Social and Cultural Rights and in keeping with the "clean hands" doctrine in relation to indigenous peoples' rights. | Special Rapporteur on the rights of indigenous peoples | Special Procedures' report |
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| 2016 | ||
Analysis of the impacts of international investment agreements on the rights of indigenous peoples 2016, para. 92 | Aug 19, 2019 | Paragraph | International investment agreements and interpretative text should entitle States to file counterclaims for affirmative relief arising from investor interference with their obligations under international human rights law. | Special Rapporteur on the rights of indigenous peoples | Special Procedures' report |
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| 2016 | ||
Analysis of the impacts of international investment agreements on the rights of indigenous peoples 2016, para. 90b | Aug 19, 2019 | Paragraph | Jurisdiction clauses should prohibit claims taken: (b) By shell or mailbox companies established in jurisdictions purely or primarily to take advantage of such protections in international investment agreements. | Special Rapporteur on the rights of indigenous peoples | Special Procedures' report |
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| 2016 | ||
Analysis of the impacts of international investment agreements on the rights of indigenous peoples 2016, para. 90a | Aug 19, 2019 | Paragraph | Jurisdiction clauses should prohibit claims taken: (a) In relation to investments that do not comply with the law, including international human rights law; | Special Rapporteur on the rights of indigenous peoples | Special Procedures' report |
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| 2016 | ||
Analysis of the impacts of international investment agreements on the rights of indigenous peoples 2016, para. 88 | Aug 19, 2019 | Paragraph | International investment agreements should include respect for human rights as a policy objective in their preambles. | Special Rapporteur on the rights of indigenous peoples | Special Procedures' report |
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| 2016 | ||
Conservation measures and their impact on indigenous peoples’ rights 2016, para. 86 | Aug 19, 2019 | Paragraph | [To human rights monitoring mechanisms and relevant United Nations bodies and agencies:] Devote further attention to monitoring the impact conservation measures have on indigenous peoples, in order to promote a rights-based approach to protected areas management by government authorities and conservation organizations. | Special Rapporteur on the rights of indigenous peoples | Special Procedures' report |
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| 2016 |