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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. 15
- Paragraph text
- Challenges remain regarding the interpretation of the content of the rights enshrined in the Declaration. Differences in interpretation continue to exist especially in relation to rights to lands and resources; the application of the duty of States to consult with and seek the free, prior and informed consent of indigenous peoples in matters that affect them; and the harmonization of State and customary indigenous governance and justice systems.
- Organe
- Rapporteur spécial sur les droits des peuples autochtones
- Type de document
- Rapport des procédures spéciales
- Thèmes
- Droits civils & politiques
- Droits sociaux et culturels
- Environnement
- Gouvernance & l'état de droit
- Personnes concernées
- Minorités ethniques
- Année
- 2017
- Type de paragraphe
- Autre
Paragraphe
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
- 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.
- Organe
- Rapporteur spécial sur les droits des peuples autochtones
- Type de document
- Rapport des procédures spéciales
- Thèmes
- Droits & devoirs économiques
- Environnement
- Gouvernance & l'état de droit
- Personnes concernées
- Minorités ethniques
- Année
- 2017
- Type de paragraphe
- Autre
Paragraphe
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.
- Organe
- Special Rapporteur on the rights of indigenous peoples
- Type de document
- Special Procedures' report
- Thèmes
- Environment
- Equality & Inclusion
- Personnes concernées
- Ethnic minorities
- Année
- 2010
- Type de paragraphe
- Conclusion / Recommendation
Paragraphe
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.
- Organe
- Special Rapporteur on the rights of indigenous peoples
- Type de document
- Special Procedures' report
- Thèmes
- Environment
- Governance & Rule of Law
- Personnes concernées
- Ethnic minorities
- Année
- 2011
- Type de paragraphe
- Conclusion / Recommendation
Paragraphe
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.
- Organe
- Special Rapporteur on the rights of indigenous peoples
- Type de document
- Special Procedures' report
- Thèmes
- Environment
- Governance & Rule of Law
- Personnes concernées
- Ethnic minorities
- Année
- 2012
- Type de paragraphe
- Conclusion / Recommendation
Paragraphe
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.
- Organe
- Special Rapporteur on the rights of indigenous peoples
- Type de document
- Special Procedures' report
- Thèmes
- Economic Rights
- Environment
- Governance & Rule of Law
- Personnes concernées
- Ethnic minorities
- Année
- 2013
- Type de paragraphe
- Conclusion / Recommendation
Paragraphe
Climate change and migration 2012, para. 91
- Paragraph text
- The Special Rapporteur recognizes that while no place will be protected from the impacts of climate change, already fragile environments are most vulnerable, including in particular, megadeltas, small island developing States, low-lying coastal zones, arid areas, polar regions, and places affected by sudden and extreme natural disasters. Particular groups living in these high-risk areas may thus be more affected than others, as will societies that are highly dependent on the environment for their subsistence needs. However, vulnerabilities may be exacerbated by political and social factors, with specific groups such as women, children, minority groups and indigenous peoples, often particularly vulnerable to the effects of climate change.
- Organe
- Special Rapporteur on the human rights of migrants
- Type de document
- Special Procedures' report
- Thèmes
- Environment
- Social & Cultural Rights
- Personnes concernées
- Children
- Ethnic minorities
- Women
- Année
- 2012
- Type de paragraphe
- Conclusion / Recommendation
Paragraphe
Minorities in situations of humanitarian crises 2016, para. 98
- Paragraph text
- The current global humanitarian context is alarming. Ongoing and protracted conflicts are leading to massive displacement crises: there are unprecedented numbers of refugees and internally displaced persons, and inter-ethnic and interracial tensions and conflict are erupting in nearly every region of the world. Many conflicts threaten to further deteriorate, and new conflicts are emerging. These conflicts are often rooted in power struggles, identity politics, competition for resources, rising income disparities and socioeconomic inequalities, and increasing polarization of societies, making national, ethnic, religious and linguistic minorities particularly vulnerable; indeed many of the persons who flee their countries for fear of persecution are members of minority groups targeted precisely because of their minority identity. Furthermore, with the impact of climate change, disasters are becoming all too frequent and widespread, further affecting minorities.
- Organe
- Special Rapporteur on minority issues
- Type de document
- Special Procedures' report
- Thèmes
- Environment
- Equality & Inclusion
- Humanitarian
- Movement
- Personnes concernées
- Ethnic minorities
- Persons on the move
- Année
- 2016
- Type de paragraphe
- Conclusion / Recommendation
Paragraphe
Selected groups of defenders at risk: journalists and media workers, defenders working on land and environment issues; and youth and student defenders 2012, para. 124
- Paragraph text
- States should give full recognition to the important work carried out by defenders working on land and environmental issues in trying to find a balance between economic development and respect of the environment, including the right to use land, natural wealth and resources, and the rights of certain groups, including indigenous peoples and minorities.
- Organe
- Special Rapporteur on the situation of human rights defenders
- Type de document
- Special Procedures' report
- Thèmes
- Environment
- Social & Cultural Rights
- Personnes concernées
- Ethnic minorities
- Année
- 2012
- Type de paragraphe
- Conclusion / Recommendation
Paragraphe
Violence against indigenous women and girls; rights of indigenous peoples in relation to extractive industries 2012, para. 81
- Paragraph text
- The "protect, respect and remedy" framework, which is incorporated into the Guiding Principles on Business and Human Rights, should apply to advance the specific rights of indigenous peoples in the same way as it applies to advance human rights more generally, when those rights are affected or potentially affected by business activities, including extractive industries.
- Organe
- Special Rapporteur on the rights of indigenous peoples
- Type de document
- Special Procedures' report
- Thèmes
- Environment
- Equality & Inclusion
- Personnes concernées
- Ethnic minorities
- Année
- 2012
- Type de paragraphe
- Conclusion / Recommendation
Paragraphe
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.
- Organe
- Special Rapporteur on the rights of indigenous peoples
- Type de document
- Special Procedures' report
- Thèmes
- Environment
- Governance & Rule of Law
- Social & Cultural Rights
- Personnes concernées
- Ethnic minorities
- Année
- 2010
- Type de paragraphe
- Conclusion / Recommendation
Paragraphe
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.
- Organe
- Special Rapporteur on the rights of indigenous peoples
- Type de document
- Special Procedures' report
- Thèmes
- Economic Rights
- Environment
- Governance & Rule of Law
- Personnes concernées
- Ethnic minorities
- Année
- 2013
- Type de paragraphe
- Conclusion / Recommendation
Paragraphe
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.
- Organe
- Special Rapporteur on the rights of indigenous peoples
- Type de document
- Special Procedures' report
- Thèmes
- Environment
- Social & Cultural Rights
- Personnes concernées
- Ethnic minorities
- Année
- 2012
- Type de paragraphe
- Conclusion / Recommendation
Paragraphe
Rights of indigenous peoples on the impact of international investment and free trade on the human rights of indigenous peoples 2015, para. 77f
- Paragraph text
- [Concerning the reform of investment and free trade practices, the Special Rapporteur recommends that:] In consultation with indigenous peoples, Member States consider including exception clauses to protect the rights of indigenous peoples, including to ancestral land, related resources and autonomous government, within all relevant free trade and investment agreements;
- Organe
- Special Rapporteur on the rights of indigenous peoples
- Type de document
- Special Procedures' report
- Thèmes
- Environment
- Governance & Rule of Law
- Personnes concernées
- Ethnic minorities
- Année
- 2015
- Type de paragraphe
- Conclusion / Recommendation
Paragraphe
Extractive industries and indigenous peoples 2013, para. 83
- Paragraph text
- Indigenous individuals and peoples have the right to oppose and actively express opposition to extractive projects promoted by the State or third party business interests. Indigenous peoples should be able to oppose or withhold consent to extractive projects free from reprisals or acts of violence, or from undue pressures to accept or enter into consultations about extractive projects.
- Organe
- Special Rapporteur on the rights of indigenous peoples
- Type de document
- Special Procedures' report
- Thèmes
- Economic Rights
- Environment
- Personnes concernées
- Ethnic minorities
- Année
- 2013
- Type de paragraphe
- Conclusion / Recommendation
Paragraphe
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.
- Organe
- Special Rapporteur on the rights of indigenous peoples
- Type de document
- Special Procedures' report
- Thèmes
- Environment
- Governance & Rule of Law
- Personnes concernées
- Ethnic minorities
- Année
- 2012
- Type de paragraphe
- Conclusion / Recommendation
Paragraphe
Extractive industries and indigenous peoples 2013, para. 79
- Paragraph text
- Indigenous peoples around the world have suffered negative, even devastating, consequences from extractive industries. Despite such negative experiences, looking toward the future it must not be assumed that extractive industries' and indigenous peoples' interests are entirely or always at odds with each other. However, models of resource extraction that are different from the heretofore prevailing model are required if resource extraction within indigenous peoples' territories is to be carried out in a manner consistent with their rights.
- Organe
- Special Rapporteur on the rights of indigenous peoples
- Type de document
- Special Procedures' report
- Thèmes
- Environment
- Personnes concernées
- Ethnic minorities
- Année
- 2013
- Type de paragraphe
- Conclusion / Recommendation
Paragraphe
Conservation measures and their impact on indigenous peoples’ rights 2016, para. 69
- Paragraph text
- Full recognition of indigenous land rights and participation are key enabling conditions for conservation to be sustained. The Durban Action Plan which states that all existing and future protected areas shall be managed and established in full compliance with the rights of indigenous peoples and the Sydney Vision which promised that there should be redress and remedy for past and continuing injustices in accord with international agreements are powerful commitments of the conservation community. The Special Rapporteur believes that the effective implementation of these commitments can operationalize the human rights-based conservation paradigm.
- Organe
- Special Rapporteur on the rights of indigenous peoples
- Type de document
- Special Procedures' report
- Thèmes
- Environment
- Governance & Rule of Law
- Social & Cultural Rights
- Personnes concernées
- Ethnic minorities
- Année
- 2016
- Type de paragraphe
- Conclusion / Recommendation
Paragraphe
Violence against indigenous women and girls; rights of indigenous peoples in relation to extractive industries 2012, para. 86
- Paragraph text
- Lastly, there is a fundamental problem with the current model of natural resource extraction in which the plans are developed by the corporation, with perhaps some involvement by the State, but with little or no involvement of the affected indigenous community or people, and in which the corporation is in control of the extractive operation and is the primary beneficiary of it.
- Organe
- Special Rapporteur on the rights of indigenous peoples
- Type de document
- Special Procedures' report
- Thèmes
- Environment
- Personnes concernées
- Ethnic minorities
- Année
- 2012
- Type de paragraphe
- Conclusion / Recommendation
Paragraphe
Conservation measures and their impact on indigenous peoples’ rights 2016, para. 68
- Paragraph text
- While the high rate of biodiversity in indigenous ancestral lands is well established, the contribution of indigenous peoples to conservation has yet to be fully acknowledged. Although a new rights-based paradigm to conservation has been advancing during the last decades, it remains in its initial stages of being applied. Rights-based conservation measures continue to be hampered by the legacy of past violations and by the lack of legal recognition by States of indigenous peoples' rights. Conservation organizations and indigenous organizations could be powerful allies in their mutually shared goals to safeguard biodiversity and protect nature from external threats such as unsustainable resource exploitation. Protected areas continue to expand, yet threats against them from extractive industry, energy and infrastructure projects are also increasing, and thus the urgency to address effective, collaborative and long-term conservation is of paramount importance. The escalating incidence of killings of indigenous environmentalists highlights the importance of conservationists and indigenous peoples joining forces. Insecure collective land tenure continues to undermine the ability of indigenous peoples to effectively protect their traditional lands, territories and natural resources. Conservation organizations should make much more use of their leverage vis-a-vis States to advocate for the legal recognition of indigenous peoples' rights at the national level.
- Organe
- Special Rapporteur on the rights of indigenous peoples
- Type de document
- Special Procedures' report
- Thèmes
- Environment
- Social & Cultural Rights
- Personnes concernées
- Ethnic minorities
- Année
- 2016
- Type de paragraphe
- Conclusion / Recommendation
Paragraphe
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.
- Organe
- Special Rapporteur on the rights of indigenous peoples
- Type de document
- Special Procedures' report
- Thèmes
- Environment
- Governance & Rule of Law
- Personnes concernées
- Ethnic minorities
- Année
- 2013
- Type de paragraphe
- Conclusion / Recommendation
Paragraphe
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.
- Organe
- Special Rapporteur on the rights of indigenous peoples
- Type de document
- Special Procedures' report
- Thèmes
- Economic Rights
- Environment
- Governance & Rule of Law
- Personnes concernées
- Ethnic minorities
- Année
- 2011
- Type de paragraphe
- Conclusion / Recommendation
Paragraphe
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.
- Organe
- Special Rapporteur on the rights of indigenous peoples
- Type de document
- Special Procedures' report
- Thèmes
- Environment
- Social & Cultural Rights
- Personnes concernées
- Ethnic minorities
- Année
- 2012
- Type de paragraphe
- Conclusion / Recommendation
Paragraphe
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.
- Organe
- Special Rapporteur on the rights of indigenous peoples
- Type de document
- Special Procedures' report
- Thèmes
- Environment
- Personnes concernées
- Ethnic minorities
- Année
- 2012
- Type de paragraphe
- Conclusion / Recommendation
Paragraphe
Corporate responsibility with respect to indigenous rights 2010, para. 82
- Paragraph text
- These conflicts, which are worsening as new regions of the world get involved in natural resource exploitation or infrastructure building, have given rise to situations of genuine ungovernability, which limit the capacity of States and the companies themselves to carry out projects that fail to take into account indigenous rights.
- Organe
- Special Rapporteur on the rights of indigenous peoples
- Type de document
- Special Procedures' report
- Thèmes
- Environment
- Personnes concernées
- Ethnic minorities
- Année
- 2010
- Type de paragraphe
- Conclusion / Recommendation
Paragraphe
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.
- Organe
- Special Rapporteur on the rights of indigenous peoples
- Type de document
- Special Procedures' report
- Thèmes
- Environment
- Personnes concernées
- Ethnic minorities
- Année
- 2016
- Type de paragraphe
- Conclusion / Recommendation
Paragraphe
Rights of rural women 2016, para. 59c
- Paragraph text
- [States parties should ensure that legislation guarantees rural women's rights to land, water and other natural resources on an equal basis with men, irrespective of their civil and marital status or of a male guardian or guarantor, and that they have full legal capacity. They should ensure that indigenous women in rural areas have equal access with indigenous men to ownership and possession of and control over land, water, forests, fisheries, aquaculture and other resources that they have traditionally owned, occupied or otherwise used or acquired, including by protecting them against discrimination and dispossession. In addition, States parties should:] Strengthen customary and statutory institutions and mechanisms for defending or protecting women's rights to land, water and other natural resources, including community paralegal services.
- Organe
- Committee on the Elimination of Discrimination against Women
- Type de document
- General Comment / Recommendation
- Thèmes
- Environment
- Equality & Inclusion
- Social & Cultural Rights
- Personnes concernées
- Ethnic minorities
- Women
- Année
- 2016
- Type de paragraphe
- Conclusion / Recommendation
Paragraphe
Rights of rural women 2016, para. 59a
- Paragraph text
- [States parties should ensure that legislation guarantees rural women's rights to land, water and other natural resources on an equal basis with men, irrespective of their civil and marital status or of a male guardian or guarantor, and that they have full legal capacity. They should ensure that indigenous women in rural areas have equal access with indigenous men to ownership and possession of and control over land, water, forests, fisheries, aquaculture and other resources that they have traditionally owned, occupied or otherwise used or acquired, including by protecting them against discrimination and dispossession. In addition, States parties should:] Promote rural women's access to and meaningful participation in agricultural cooperatives, in which women may be members or the sole members;
- Organe
- Committee on the Elimination of Discrimination against Women
- Type de document
- General Comment / Recommendation
- Thèmes
- Environment
- Equality & Inclusion
- Social & Cultural Rights
- Personnes concernées
- Ethnic minorities
- Women
- Année
- 2016
- Type de paragraphe
- Conclusion / Recommendation
Paragraphe
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.
- Organe
- Special Rapporteur on the rights of indigenous peoples
- Type de document
- Special Procedures' report
- Thèmes
- Environment
- Governance & Rule of Law
- Personnes concernées
- Ethnic minorities
- Année
- 2011
- Type de paragraphe
- Conclusion / Recommendation
Paragraphe
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.
- Organe
- Special Rapporteur on the rights of indigenous peoples
- Type de document
- Special Procedures' report
- Thèmes
- Environment
- Governance & Rule of Law
- Personnes concernées
- Ethnic minorities
- Année
- 2011
- Type de paragraphe
- Conclusion / Recommendation
Paragraphe