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implementation are often overlooked, leaving resettled individuals struggling to
rebuild their livelihoods. 55
60. Finding suitable replacement land remains a persistent challenge, often
confronted only during project implementation. 56 Replacement land may not be
feasible for sacred or historical sites. For example, the Blueberry River First Nation
in British Columbia demonstrated that industrial development had left no territories
for it to carry out its traditional ways of life. 57
61. Non-economic losses, such as cultural heritage and Indigenous knowledge, are
challenging to calculate and compensate for. Communities are often treated as a single
entity, overlooking diverse needs, while livelihood assistance programmes suffer
from inadequate oversight, hindering their effectiveness. These programmes typically
rely on short-term financial aid and basic training, assuming that it is sufficient for
long-term livelihood restoration.
62. Benefit-sharing. Current resettlement practices often view livelihood restoration
as a means to compensate for asset loss rather than support actual livelihood
restoration. Despite efforts, such as those seen in the Nam Theun 2 project in the Lao
People’s Democratic Republic, research reveals persistent impoverishment and
human rights issues. 58 Resource development on Indigenous land often fails to deliver
sufficient local benefits, and agreed compensation is frequently inadequate (see
A/HRC/24/41). 59 Numerous examples illustrate that, all too often, projects purporting
to be of “vital national interest” are not necessarily in the interest of all, and usually
not in the interest of those directly affected (see A/HRC/55/53/Add.1, para. 50).
63. However, some natural resources and mining companies are developing new
approaches to agreement-making and benefit-sharing with affected communities. In
Canada, for example, First Nations, Métis and Inuit entities were partners or
beneficiaries in nearly 20 per cent of the country’s electricity-generating infrastructure
in 2022, most of which produces renewable energy. 60 In Nepal, benefit-sharing
policies in the hydropower sector formalize royalty distribution to communities,
though issues with clarity and uneven distribution remain. 61 In Australia, land rights
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World Bank Group, “World Bank acknowledges shortcomings in resettlement projects, announces
action plan to fix problems”, 2015. Available at www.worldbank.org/en/news/press-release/2015/
03/04/world-bank-shortcomings-resettlement-projects-plan-fix-problems. See also World Bank,
“Involuntary resettlement portfolio review: phase II – resettlement implementation”, 2014.
Ana Maria Esteves, “A people-centred approach to assessing livelihoods impacts”, Impact
Assessment and Project Appraisal, vol. 39, No. 6 (2021), pp. 478–495.
The Supreme Court of British Columbia released its decision in Yahey v. British Columbia on
29 June 2021. See https://news.gov.bc.ca/releases/2023WLRS0004-000043#:~:text=
On%20June%2029%2C%202021%2C%20the,their%20traditional%20ways%20of%20life .
Thayer Scudder, “A retrospective analysis of Laos’s Nam Theun 2 dam”, International Journal of
Water Resources Development, vol. 36, No. 2 (2020), pp. 351–370.
The Indigenous villages of Newtok and Nakapiak in Alaska, United States of America, each
received $25 million for relocation as part of the tribal relocation assistance programme
established in 2021, which was reportedly one quarter of the amount required for the full
relocation of the communities.
The Cree Nation has signed over 75 agreements with federal and provincial governments,
including benefit agreements and agreements on payments to Cree communities. See Canada
Energy Regulator, “Market snapshot: Indigenous ownership of Canadian renewable en ergy
projects is growing”, 2021; available at www.cer-rec.gc.ca/en/data-analysis/energy-markets/
market-snapshots/2023/market-snapshot-indigenous-ownership-canadian-renewable-energyprojects-growing.html. See also Main Agreements of the Cree Nation Government; available at
www.cngov.ca/governance-structure/legislation/agreements/#:~:text=
In%202001%2C%20the%20Cree%20and,between%20the%20Cree%20and%20Quebec .
International Centre for Integrated Mountain Development, “Benefit sharing and sustainable
hydropower in Nepal”, 2016.
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