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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.
- Organismo
- Special Rapporteur on the rights of indigenous peoples
- Tipo de documento
- Special Procedures' report
- Temas
- Environment
- Governance & Rule of Law
- Personas afectadas
- Ethnic minorities
- Año
- 2011
- Tipo de párrafo
- Conclusion / Recommendation
Párrafo
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.
- Organismo
- Special Rapporteur on the rights of indigenous peoples
- Tipo de documento
- Special Procedures' report
- Temas
- Environment
- Governance & Rule of Law
- Personas afectadas
- Ethnic minorities
- Año
- 2011
- Tipo de párrafo
- Conclusion / Recommendation
Párrafo
Corporate responsibility with respect to indigenous rights 2010, para. 86
- Paragraph text
- In addition, within the framework of due diligence, companies must take account of the criteria, as laid down in international rules, for recognition of the rights of indigenous peoples, in particular their right to lands, territories and natural resources, including in cases where domestic law differs substantially from such criteria. Companies must therefore grant, in all respects, full recognition of the indigenous territorial rights arising from customary land tenure, independent of official State recognition.
- Organismo
- Special Rapporteur on the rights of indigenous peoples
- Tipo de documento
- Special Procedures' report
- Temas
- Environment
- Governance & Rule of Law
- Social & Cultural Rights
- Personas afectadas
- Ethnic minorities
- Año
- 2010
- Tipo de párrafo
- Conclusion / Recommendation
Párrafo
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.
- Organismo
- Special Rapporteur on the rights of indigenous peoples
- Tipo de documento
- Special Procedures' report
- Temas
- Environment
- Social & Cultural Rights
- Personas afectadas
- Ethnic minorities
- Año
- 2012
- Tipo de párrafo
- Conclusion / Recommendation
Párrafo
Violence against indigenous women and girls; rights of indigenous peoples in relation to extractive industries 2012, para. 82
- Paragraph text
- In this connection, the State's protective role in the context of extractive industries entails ensuring a regulatory framework that fully recognizes indigenous peoples' rights over lands and natural resources and other rights that may be affected by extractive operations; that mandates respect for those rights both in all relevant State administrative decision-making and in corporate behaviour; and that provides effective sanctions and remedies when those rights are infringed either by Governments or by corporate actors.
- Organismo
- Special Rapporteur on the rights of indigenous peoples
- Tipo de documento
- Special Procedures' report
- Temas
- Environment
- Governance & Rule of Law
- Personas afectadas
- Ethnic minorities
- Año
- 2012
- Tipo de párrafo
- Conclusion / Recommendation
Párrafo
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.
- Organismo
- Special Rapporteur on the rights of indigenous peoples
- Tipo de documento
- Special Procedures' report
- Temas
- Environment
- Governance & Rule of Law
- Personas afectadas
- Ethnic minorities
- Año
- 2012
- Tipo de párrafo
- Conclusion / Recommendation
Párrafo
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;
- Organismo
- Special Rapporteur on the rights of indigenous peoples
- Tipo de documento
- Special Procedures' report
- Temas
- Education
- Environment
- Equality & Inclusion
- Personas afectadas
- Ethnic minorities
- Año
- 2010
- Tipo de párrafo
- Conclusion / Recommendation
Párrafo
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.
- Organismo
- Special Rapporteur on the rights of indigenous peoples
- Tipo de documento
- Special Procedures' report
- Temas
- Economic Rights
- Environment
- Personas afectadas
- Ethnic minorities
- Año
- 2013
- Tipo de párrafo
- Conclusion / Recommendation
Párrafo
Corporate responsibility with respect to indigenous rights 2010, para. 90
- Paragraph text
- An adequate consulting process requires full information on the planned corporate activity, which means, first of all, that impact studies must be conducted prior to the implementation of the project. From a human rights standpoint, such studies, conducted by independent technical experts under State supervision, must consider all possible negative impacts on the rights, of whatever kind, of the indigenous communities concerned. Impact studies must also identify possible ways of mitigating those impacts. In the event that such solutions do not exist or are not technically feasible, companies must compensate for all types of damage sustained by the indigenous peoples concerned.
- Organismo
- Special Rapporteur on the rights of indigenous peoples
- Tipo de documento
- Special Procedures' report
- Temas
- Environment
- Equality & Inclusion
- Personas afectadas
- Ethnic minorities
- Año
- 2010
- Tipo de párrafo
- Conclusion / Recommendation
Párrafo
Extractive industries operating within or near indigenous territories 2011, para. 83
- Paragraph text
- The many responses received from Governments, indigenous peoples and organizations, business corporations and other actors to the questionnaire distributed by the Special Rapporteur in 2011 point to a state of shared awareness and concern about the past negative effects of extractive operations for indigenous peoples in many situations, in the light of the particular attachment of indigenous peoples to their traditional lands, territories and natural resources. However, the responses to the questionnaire also provide a strong indication of the existence of conflicting points of view concerning the potential adverse impact and benefits of extractive or development projects in indigenous territories; the practical implications in this context of international standards affirming the rights of indigenous peoples, and the kind of measures required to fulfil the responsibilities of States, corporate actors and indigenous peoples themselves.
- Organismo
- Special Rapporteur on the rights of indigenous peoples
- Tipo de documento
- Special Procedures' report
- Temas
- Economic Rights
- Environment
- Personas afectadas
- Ethnic minorities
- Año
- 2011
- Tipo de párrafo
- Conclusion / Recommendation
Párrafo
Extractive industries operating within or near indigenous territories 2011, para. 86
- Paragraph text
- The Special Rapporteur considers that his mandate is well placed within the wider United Nations human rights system to promote the operationalization of indigenous peoples' rights and related institutional guarantees in the context of resource extraction and development operations, in a manner that builds on the work of the Special Representative of the Secretary-General on human rights and transnational corporations and other business enterprises. This effort could be pursued through the development of specific guidelines or principles aimed at helping States, corporate actors and indigenous peoples in fulfilling the responsibilities that arise from international indigenous rights standards. In the Special Rapporteur's view, this task is entirely within and will significantly contribute to the fulfilment of his mandate to examine ways and means of overcoming existing obstacles to the full and effective protection of the rights of indigenous peoples and to identify, exchange and promote best practices.
- Organismo
- Special Rapporteur on the rights of indigenous peoples
- Tipo de documento
- Special Procedures' report
- Temas
- Economic Rights
- Environment
- Governance & Rule of Law
- Personas afectadas
- Ethnic minorities
- Año
- 2011
- Tipo de párrafo
- Conclusion / Recommendation
Párrafo
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.
- Organismo
- Special Rapporteur on the rights of indigenous peoples
- Tipo de documento
- Special Procedures' report
- Temas
- Environment
- Governance & Rule of Law
- Personas afectadas
- Ethnic minorities
- Año
- 2011
- Tipo de párrafo
- Conclusion / Recommendation
Párrafo
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.
- Organismo
- Special Rapporteur on the rights of indigenous peoples
- Tipo de documento
- Special Procedures' report
- Temas
- Environment
- Personas afectadas
- Ethnic minorities
- Año
- 2011
- Tipo de párrafo
- Conclusion / Recommendation
Párrafo
Violence against indigenous women and girls; rights of indigenous peoples in relation to extractive industries 2012, para. 79
- Paragraph text
- The common focus on consultation and free, prior and informed consent as a point of departure for discussing the issue of extractive industries in relation to indigenous peoples is blurring understanding of the relevant human rights framework by which to understand the issue. A better approach is first to consider the primary substantive rights of indigenous peoples that may be implicated in natural resource extraction. These include, in particular, rights to property, culture, religion, health, physical well-being and to set and pursue their own priorities for development, as part of their fundamental right to self-determination.
- Organismo
- Special Rapporteur on the rights of indigenous peoples
- Tipo de documento
- Special Procedures' report
- Temas
- Environment
- Personas afectadas
- Ethnic minorities
- Año
- 2012
- Tipo de párrafo
- Conclusion / Recommendation
Párrafo
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.
- Organismo
- Special Rapporteur on the rights of indigenous peoples
- Tipo de documento
- Special Procedures' report
- Temas
- Economic Rights
- Environment
- Personas afectadas
- Ethnic minorities
- Año
- 2012
- Tipo de párrafo
- Conclusion / Recommendation
Párrafo
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;
- Organismo
- Special Rapporteur on the right to food
- Tipo de documento
- Special Procedures' report
- Temas
- Environment
- Equality & Inclusion
- Food & Nutrition
- Governance & Rule of Law
- Social & Cultural Rights
- Personas afectadas
- Ethnic minorities
- Año
- 2010
- Tipo de párrafo
- Conclusion / Recommendation
Párrafo
Extractive industries operating within or near indigenous territories 2011, para. 87
- Paragraph text
- Advancing in the development of such guidelines requires a broadly encompassing dialogue with Governments, indigenous peoples' organizations, corporate actors, international institutions and other relevant stakeholders, in which consensus-building is a key element. In order to advance towards this goal, the Special Rapporteur has incorporated as a top priority for the second term of his mandate the realization of consultations with stakeholders, the exchange of best practices and the undertaking of specific expert studies in relation to indigenous peoples and extractive industries.
- Organismo
- Special Rapporteur on the rights of indigenous peoples
- Tipo de documento
- Special Procedures' report
- Temas
- Environment
- Governance & Rule of Law
- Personas afectadas
- Ethnic minorities
- Año
- 2011
- Tipo de párrafo
- Conclusion / Recommendation
Párrafo
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.
- Organismo
- Special Rapporteur on the rights of indigenous peoples
- Tipo de documento
- Special Procedures' report
- Temas
- Economic Rights
- Environment
- Governance & Rule of Law
- Personas afectadas
- Ethnic minorities
- Año
- 2013
- Tipo de párrafo
- Conclusion / Recommendation
Párrafo
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.
- Organismo
- Special Rapporteur on the rights of indigenous peoples
- Tipo de documento
- Special Procedures' report
- Temas
- Economic Rights
- Environment
- Governance & Rule of Law
- Personas afectadas
- Ethnic minorities
- Año
- 2013
- Tipo de párrafo
- Conclusion / Recommendation
Párrafo
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.
- Organismo
- Special Rapporteur on the rights of indigenous peoples
- Tipo de documento
- Special Procedures' report
- Temas
- Environment
- Governance & Rule of Law
- Personas afectadas
- Ethnic minorities
- Año
- 2016
- Tipo de párrafo
- Conclusion / Recommendation
Párrafo
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.
- Organismo
- Special Rapporteur on the rights of indigenous peoples
- Tipo de documento
- Special Procedures' report
- Temas
- Environment
- Personas afectadas
- Ethnic minorities
- Año
- 2016
- Tipo de párrafo
- Conclusion / Recommendation
Párrafo
The need to harmonize activities affecting indigenous peoples within the United Nations system 2012, para. 81
- Paragraph text
- Relevant processes within the United Nations system include those which aim to build on existing treaty regimes, particularly in the area of climate change and environmental protection; develop new instruments, such as those being discussed within the World Intellectual Property Organization concerning traditional knowledge and cultural expressions; and develop and execute new programmes or platforms of interaction, such as the upcoming World Conference on Indigenous Peoples.
- Organismo
- Special Rapporteur on the rights of indigenous peoples
- Tipo de documento
- Special Procedures' report
- Temas
- Environment
- Social & Cultural Rights
- Personas afectadas
- Ethnic minorities
- Año
- 2012
- Tipo de párrafo
- Conclusion / Recommendation
Párrafo
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.
- Organismo
- Special Rapporteur on the rights of indigenous peoples
- Tipo de documento
- Special Procedures' report
- Temas
- Economic Rights
- Environment
- Personas afectadas
- Ethnic minorities
- Año
- 2013
- Tipo de párrafo
- Conclusion / Recommendation
Párrafo
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.
- Organismo
- Special Rapporteur on the rights of indigenous peoples
- Tipo de documento
- Special Procedures' report
- Temas
- Environment
- Governance & Rule of Law
- Personas afectadas
- Ethnic minorities
- Año
- 2013
- Tipo de párrafo
- Conclusion / Recommendation
Párrafo
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.
- Organismo
- Special Rapporteur on the rights of indigenous peoples
- Tipo de documento
- Special Procedures' report
- Temas
- Civil & Political Rights
- Economic Rights
- Environment
- Personas afectadas
- Ethnic minorities
- Año
- 2010
- Tipo de párrafo
- Conclusion / Recommendation
Párrafo
Extractive industries and indigenous peoples 2013, para. 85
- Paragraph text
- In this way, free, prior and informed consent is a safeguard for the internationally recognized rights of indigenous peoples that are typically affected by extractive activities carried out within their territories.
- Organismo
- Special Rapporteur on the rights of indigenous peoples
- Tipo de documento
- Special Procedures' report
- Temas
- Environment
- Governance & Rule of Law
- Personas afectadas
- Ethnic minorities
- Año
- 2013
- Tipo de párrafo
- Conclusion / Recommendation
Párrafo
Conservation measures and their impact on indigenous peoples’ rights 2016, para. 78
- Paragraph text
- [To conservation organizations:] Shift the new paradigm from paper to practice; adopt human rights-based policies, including on the rights of indigenous peoples, and ensure effective dissemination of these and trainings for conservation staff, especially for those involved in implementation at the national and local level.
- Organismo
- Special Rapporteur on the rights of indigenous peoples
- Tipo de documento
- Special Procedures' report
- Temas
- Environment
- Governance & Rule of Law
- Personas afectadas
- Ethnic minorities
- Año
- 2016
- Tipo de párrafo
- Conclusion / Recommendation
Párrafo
Conservation measures and their impact on indigenous peoples’ rights 2016, para. 83
- Paragraph text
- [To donors:] Require that conservation organizations adopt human rights policies and monitor the application of human rights-based conservation programmes, notably in relation to indigenous peoples' rights.
- Organismo
- Special Rapporteur on the rights of indigenous peoples
- Tipo de documento
- Special Procedures' report
- Temas
- Environment
- Governance & Rule of Law
- Social & Cultural Rights
- Personas afectadas
- Ethnic minorities
- Año
- 2016
- Tipo de párrafo
- Conclusion / Recommendation
Párrafo
Impact of climate change on the right to food 2015, para. 89j
- Paragraph text
- [In this context, the Special Rapporteur recommends that:] Knowledge and information as well as technology transfer and appropriate training in relation to changing climatic conditions be prioritized and available to smallholder farmers, women and indigenous communities;
- Organismo
- Special Rapporteur on the right to food
- Tipo de documento
- Special Procedures' report
- Temas
- Environment
- Food & Nutrition
- Personas afectadas
- Ethnic minorities
- Women
- Año
- 2015
- Tipo de párrafo
- Conclusion / Recommendation
Párrafo
Analysis of the impacts of international investment agreements on the rights of indigenous peoples 2016, para. 103b
- Paragraph text
- 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;
- Organismo
- Special Rapporteur on the rights of indigenous peoples
- Tipo de documento
- Special Procedures' report
- Temas
- Economic Rights
- Environment
- Governance & Rule of Law
- Personas afectadas
- Ethnic minorities
- Año
- 2016
- Tipo de párrafo
- Conclusion / Recommendation
Párrafo