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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

Body
Special Rapporteur on the rights of indigenous peoples
Legal status
Non-negotiated soft law
Document type
Special Procedures' report
Year
2010
Document code
A/65/264
Date added
Aug 19, 2019
Document

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

Body
Special Rapporteur on the rights of indigenous peoples
Legal status
Non-negotiated soft law
Document type
Special Procedures' report
Year
2017
Document code
A/72/186
Date added
Aug 19, 2019
Document

Overview of the activities carried during the first three-year term of the mandate

Body
Special Rapporteur on the rights of indigenous peoples
Legal status
Non-negotiated soft law
Document type
Special Procedures' report
Year
2011
Document code
A/66/288
Date added
Aug 19, 2019
Document

Ongoing obstacles to the full realization of indigenous peoples’ rights; vision for the mandate

Body
Special Rapporteur on the rights of indigenous peoples
Legal status
Non-negotiated soft law
Document type
Special Procedures' report
Year
2014
Document code
A/HRC/27/52
Date added
Aug 19, 2019
Document

The need to harmonize activities affecting indigenous peoples within the United Nations system

Body
Special Rapporteur on the rights of indigenous peoples
Legal status
Non-negotiated soft law
Document type
Special Procedures' report
Year
2012
Document code
A/67/301
Date added
Aug 19, 2019
Document

Violence against indigenous women and girls; rights of indigenous peoples in relation to extractive industries

Body
Special Rapporteur on the rights of indigenous peoples
Legal status
Non-negotiated soft law
Document type
Special Procedures' report
Year
2012
Document code
A/HRC/21/47
Date added
Aug 19, 2019
Document

Strengthening commitment to the Declaration on the Rights of Indigenous Peoples and its implementation

Body
Special Rapporteur on the rights of indigenous peoples
Legal status
Non-negotiated soft law
Document type
Special Procedures' report
Year
2013
Document code
A/68/317
Date added
Aug 19, 2019
Document

Analysis of the impacts of international investment agreements on the rights of indigenous peoples

Body
Special Rapporteur on the rights of indigenous peoples
Legal status
Non-negotiated soft law
Document type
Special Procedures' report
Year
2016
Document code
A/HRC/33/42
Date added
Aug 19, 2019
Document

Conservation measures and their impact on indigenous peoples’ rights

Body
Special Rapporteur on the rights of indigenous peoples
Legal status
Non-negotiated soft law
Document type
Special Procedures' report
Year
2016
Document code
A/71/229
Date added
Aug 19, 2019
Document

Rights of indigenous peoples on the impact of international investment and free trade on the human rights of indigenous peoples

Body
Special Rapporteur on the rights of indigenous peoples
Legal status
Non-negotiated soft law
Document type
Special Procedures' report
Year
2015
Document code
A/70/301
Date added
Aug 19, 2019
Document

Rights of indigenous peoples, including their economic, social and cultural rights in the post-2015 development framework

Body
Special Rapporteur on the rights of indigenous peoples
Legal status
Non-negotiated soft law
Document type
Special Procedures' report
Year
2014
Document code
A/69/267
Date added
Aug 19, 2019
Document

Extractive industries and indigenous peoples

Body
Special Rapporteur on the rights of indigenous peoples
Legal status
Non-negotiated soft law
Document type
Special Procedures' report
Year
2013
Document code
A/HRC/24/41
Date added
Aug 19, 2019
Document

Extractive industries operating within or near indigenous territories

Body
Special Rapporteur on the rights of indigenous peoples
Legal status
Non-negotiated soft law
Document type
Special Procedures' report
Year
2011
Document code
A/HRC/18/35
Date added
Aug 19, 2019
Document

Corporate responsibility with respect to indigenous rights

Body
Special Rapporteur on the rights of indigenous peoples
Legal status
Non-negotiated soft law
Document type
Special Procedures' report
Year
2010
Document code
A/HRC/15/37
Date added
Aug 19, 2019
Document

Rights of indigenous women and girls

Body
Special Rapporteur on the rights of indigenous peoples
Legal status
Non-negotiated soft law
Document type
Special Procedures' report
Year
2015
Document code
A/HRC/30/41
Date added
Aug 19, 2019
Document

Rights of indigenous women and girls 2015, para. 25

Paragraph text
Indigenous children's inability to access education is generally caused by the geographical and political marginalization of indigenous communities. When education is available, it is often blind to the specific needs of indigenous children. Curricula are often not taught in indigenous languages, which undermines indigenous children's ability to achieve school readiness and express their cultural identity in school. National school curricula tend to have very little, if any, focus on indigenous peoples, their issues and histories. Some national curricula even reinforce negative cultural stereotypes about indigenous peoples and indigenous students frequently find that the education provided by the State promotes individualism and a competitive atmosphere, rather than communal ways of life and cooperation. It is also common for indigenous children to experience racism and discrimination and ethnically motivated bullying in school. Furthermore, the education available to indigenous children is not always of adequate quality. The physical buildings in which indigenous children are educated can also fail to be fit for purpose, and teaching staff and materials may also be of poor quality.
Body
Special Rapporteur on the rights of indigenous peoples
Document type
Special Procedures' report
Topic(s)
  • Education
  • Equality & Inclusion
Person(s) affected
  • Children
  • Ethnic minorities
Year
2015
Date added
Aug 19, 2019
Paragraph

Rights of indigenous peoples on the impact of international investment and free trade on the human rights of indigenous peoples 2015, para. 37

Paragraph text
As discussed above, indigenous peoples are not included in the negotiations and drafting of free trade agreements. However, the provisions of those agreements bind their self-governance arrangements and the use of their lands, territories and resources. For example, the United States model bilateral investment treaty is strictly binding on all levels of government, including political subdivisions and other entities that exercise regulatory, administrative or other governmental authority delegated by the national Government. Not having the ability to contribute to the drafting of powerful legal agreements that affect them is a violation of indigenous peoples' right to self-determination, as provided for in article 3 of the United Nations Declaration on the Rights of Indigenous Peoples, and the right to development. Article 32, paragraph 1, of the Declaration says that "indigenous peoples have the right to determine and develop priorities and strategies for the development or use of their lands or territories".
Body
Special Rapporteur on the rights of indigenous peoples
Document type
Special Procedures' report
Topic(s)
  • Governance & Rule of Law
  • Social & Cultural Rights
Person(s) affected
  • Ethnic minorities
Year
2015
Date added
Aug 19, 2019
Paragraph

Rights of indigenous peoples on the impact of international investment and free trade on the human rights of indigenous peoples 2015, para. 20

Paragraph text
The impact of free trade and international investment agreements on human rights is broadly recognized as including issues such as land rights, environmental degradation, poverty, the State's regulatory and protective capacity, democratic deficit and challenges to the rule of law in relation to the development and enforcement of such agreements and the Government's ability to provide services such as health and water. Those issues have been recognized within the human rights and business agenda. The issue was discussed by the Special Representative of the Secretary-General on the issue of human rights and transnational corporations and other business enterprises, and is included within principle 9 of the Guiding Principles on Business and Human Rights. The principle articulates that "States should maintain adequate domestic policy space to meet their human rights obligations when pursuing business-related policy objectives with other States or business enterprises, for instance through investment treaties or contracts".
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
2015
Date added
Aug 19, 2019
Paragraph

Ongoing obstacles to the full realization of indigenous peoples’ rights; vision for the mandate 2014, para. 54

Paragraph text
A crucial element for the success of the Special Rapporteur's mandate will be assessments of the situation of indigenous peoples in specific countries. To the extent that time and resources are limited, such visits will have to be prepared carefully for maximum results. During the first year of her mandate, the Special Rapporteur hopes to carry out country visits within each of the regions. She notes that the previous Special Rapporteurs, in addition to visits to northern countries such as the Nordic countries, the United States and Canada, have carried out numerous visits to the Latin American region. The Special Rapporteur acknowledges that this is due in large part to the openness of countries within the Latin American region to visits by the Special Rapporteur to look into issues related to indigenous peoples. She hopes that countries in other regions, especially in Asia and Africa, will demonstrate a similar openness during the course of her mandate. The Special Rapporteur also envisions that visits to specific countries could feed in to her thematic studies.
Body
Special Rapporteur on the rights of indigenous peoples
Document type
Special Procedures' report
Topic(s)
  • Equality & Inclusion
  • Governance & Rule of Law
Person(s) affected
  • Ethnic minorities
Year
2014
Date added
Aug 19, 2019
Paragraph

Rights of indigenous peoples, including their economic, social and cultural rights in the post-2015 development framework 2014, para. 71

Paragraph text
When looking at available socioeconomic data disaggregated by ethnicity and gender, there is no doubt that indigenous women experience particular and interrelated forms of discrimination because of their indigenous identity and their gender. Gender-based discrimination is a sad reality in most countries, and it is also found within some indigenous societies where, for example, women may not traditionally have participated in governance institutions or where girls are not encouraged to study. In short, many indigenous women still face additional gender-based discrimination, which leads to disadvantages, marginalization and, in extreme cases, to violence, physical mutilation, trafficking, prostitution and restricted access to justice. On the other hand, there is ample documentation of the strong and crucial roles played by indigenous women in many areas of life, including food production, biodiversity conservation, climate change adaptation, transmission of languages, culture and knowledge, conflict resolution and peacekeeping.
Body
Special Rapporteur on the rights of indigenous peoples
Document type
Special Procedures' report
Topic(s)
  • Environment
  • Equality & Inclusion
  • Gender
  • Social & Cultural Rights
Person(s) affected
  • Ethnic minorities
  • Girls
  • Women
Year
2014
Date added
Aug 19, 2019
Paragraph

Extractive industries and indigenous peoples 2013, para. 35

Paragraph text
The Special Rapporteur observes that in a number of cases States have asserted the power to expropriate indigenous property interests in land or surface resources in order to have or permit access to the subsurface resources to which the State claims ownership. Such an expropriation being a limitation of indigenous property rights, even if just compensation is provided, a threshold question in such cases is whether the limitation is pursuant to a valid public purpose. The Special Rapporteur cautions that such a valid public purpose is not found in mere commercial interests or revenue-raising objectives, and certainly not when benefits from the extractive activities are primarily for private gain. It should be recalled that under various sources of international law, indigenous peoples have property, cultural and other rights in relation to their traditional territories, even if those rights are not held under a title deed or other form of official recognition. Limitations of all those rights of indigenous peoples must, at a minimum, be backed by a valid public purpose within a human rights framework, just as with limitations on rights formally recognized by the State.
Body
Special Rapporteur on the rights of indigenous peoples
Document type
Special Procedures' report
Topic(s)
  • Economic Rights
  • Environment
  • Governance & Rule of Law
  • Social & Cultural Rights
Person(s) affected
  • Ethnic minorities
Year
2013
Date added
Aug 19, 2019
Paragraph

Overview of the activities carried during the first three-year term of the mandate 2011, para. 252

Paragraph text
We reaffirm that the means of implementation identified in Agenda 21, the Programme for the Further Implementation of Agenda 21, the Johannesburg Plan of Implementation, the Monterrey Consensus and the Doha Declaration on Financing for Development are indispensable for achieving the full and effective translation of sustainable development commitments into tangible sustainable development outcomes. We reiterate that each country has primary responsibility for its own economic and social development and that the role of national policies, domestic resources and development strategies cannot be overemphasized. We reaffirm that developing countries need additional resources for sustainable development. We recognize the need for significant mobilization of resources from a variety of sources and the effective use of financing in order to promote sustainable development. We acknowledge that good governance and the rule of law at the national and international levels are essential for sustained, inclusive and equitable economic growth, sustainable development and the eradication of poverty and hunger.
Body
Special Rapporteur on the rights of indigenous peoples
Document type
Special Procedures' report
Topic(s)
  • Equality & Inclusion
  • Governance & Rule of Law
Person(s) affected
  • Ethnic minorities
Year
2011
Date added
Aug 19, 2019
Paragraph

Overview of the activities carried during the first three-year term of the mandate 2011, para. 113

Paragraph text
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.
Body
Special Rapporteur on the rights of indigenous peoples
Document type
Special Procedures' report
Topic(s)
  • Civil & Political Rights
  • Equality & Inclusion
  • Governance & Rule of Law
Person(s) affected
  • Ethnic minorities
Year
2011
Date added
Aug 19, 2019
Paragraph

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

Paragraph text
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.
Body
Special Rapporteur on the rights of indigenous peoples
Document type
Special Procedures' report
Topic(s)
  • Civil & Political Rights
  • Equality & Inclusion
  • Governance & Rule of Law
Person(s) affected
  • Ethnic minorities
Year
2010
Date added
Aug 19, 2019
Paragraph

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. 43

Paragraph text
A first aspect of the external dimension has to do with the participation of indigenous peoples in the broader public life of the State, as promoted by article 5 of the Declaration, and is related to the right of all citizens to political participation. This aspect of participation in decision-making within spheres extending beyond indigenous communities is mostly, though not entirely, a matter of the rights of indigenous individuals. As affirmed in particular by the Inter-American Court of Human Rights in the case of Yatama v. Nicaragua, the right of indigenous peoples to participate in the broader public life of the State also includes a collective element, which requires States to enact special measures to ensure the effective participation of indigenous peoples within State political structures and institutions.
Body
Special Rapporteur on the rights of indigenous peoples
Document type
Special Procedures' report
Topic(s)
  • Civil & Political Rights
  • Equality & Inclusion
  • Governance & Rule of Law
  • Social & Cultural Rights
Person(s) affected
  • Ethnic minorities
Year
2010
Date added
Aug 19, 2019
Paragraph

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. 59

Paragraph text
A starting point for the effective implementation of the Declaration is a firm commitment by States and the United Nations system to its rights and principles that is free from vague assertions that the Declaration is not obligatory. On too many occasions State and other actors attempt to diminish the normative weight of the Declaration by describing it as an instrument that is not "legally binding". As a resolution of the General Assembly, the Declaration by its nature is not, in and of itself, a legally binding instrument, given the authority of the General Assembly under the Charter of the United Nations only to make "recommendations", except in regard to membership, budgetary and administrative matters. But understanding the normative significance and legal obligations related to the Declaration does not end there.
Body
Special Rapporteur on the rights of indigenous peoples
Document type
Special Procedures' report
Topic(s)
  • Governance & Rule of Law
  • Social & Cultural Rights
Person(s) affected
  • Ethnic minorities
Year
2010
Date added
Aug 19, 2019
Paragraph

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. 35

Paragraph text
Related to capacity-building and the strengthening of self-government, indigenous peoples should be provided 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. In his experience working together with State officials and representatives of private industry, the Special Rapporteur has observed, in general, a lack of consideration of options for indigenous peoples to be real partners in development activities. Real partnership would require indigenous peoples to be able to genuinely influence decisions concerning the development activities, fully participate in their design and implementation and directly benefit from any economic or other benefits that are derived from them.
Body
Special Rapporteur on the rights of indigenous peoples
Document type
Special Procedures' report
Topic(s)
  • Economic Rights
  • Equality & Inclusion
Person(s) affected
  • Ethnic minorities
Year
2010
Date added
Aug 19, 2019
Paragraph

Analysis of the impacts of international investment agreements on the rights of indigenous peoples 2016, para. 85

Paragraph text
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.
Body
Special Rapporteur on the rights of indigenous peoples
Document type
Special Procedures' report
Topic(s)
  • Equality & Inclusion
  • Governance & Rule of Law
Person(s) affected
  • Ethnic minorities
Year
2016
Date added
Aug 19, 2019
Paragraph

Analysis of the impacts of international investment agreements on the rights of indigenous peoples 2016, para. 54

Paragraph text
The Colombia Centre on Sustainable Investment submitted an application to file a written submission in the case, but was denied by the tribunal. The amicus submission had pointed to the inconsistency between the investor's understanding of what is meant by "an investment" and the definition in the free trade agreement. Furthermore, it had raised the consequent non-applicability of the fair and equitable treatment standard and the failure to demonstrate legitimate expectations, even if that standard had been applied. Similarly, it had pointed to the central role that the requirement to seek and obtain free, prior and informed consent should play in the assessment of the facts and the determination of the award, and the urgency of ensuring compliance with this requirement, in the light of the extensive mining-related social conflict throughout Peru. According to the submission, providing compensation to the company would be equivalent to granting it a right to exploitation and would disregard indigenous peoples' rights.
Body
Special Rapporteur on the rights of indigenous peoples
Document type
Special Procedures' report
Topic(s)
  • Environment
  • Governance & Rule of Law
Person(s) affected
  • Ethnic minorities
Year
2016
Date added
Aug 19, 2019
Paragraph

Analysis of the impacts of international investment agreements on the rights of indigenous peoples 2016, para. 45

Paragraph text
In Grand River Enterprise Six Nations, Ltd. v. the United States (2011), a tobacco company owned by members of the Canadian Haudenosaunee nations challenged measure taken by the United States. One of the issues raised by the company was the absence of prior consultation in relation to some of the measures. While finding that no expropriation had occurred, the tribunal stated that it may well be that there does exist a principle of customary international law requiring governmental authorities to consult indigenous peoples as collectivities on governmental policies or actions significantly affecting them. As the enterprise was owned by individuals, the tribunal held that it did not have to address the issue of prior consultation. It did, however, add that a good case could be made that consultations should have occurred with governments of the native American tribes or nations in the United States, whose members and sovereign interests could, and apparently are, being affected by the measures to regulate commerce in tobacco.
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
Date added
Aug 19, 2019
Paragraph

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