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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
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
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
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
Analysis of the impacts of international investment agreements on the rights of indigenous peoples 2016, para. 22
- Paragraph text
- The Guiding Principles on Business and Human Rights affirm the independent corporate responsibility to respect indigenous peoples' rights as recognized in international human rights law. This responsibility is bolstered by the incorporation of the Principles into standards, such as the Organization for Economic Cooperation and Development (OECD) Guidelines on Multinational Corporations. A growing body of standards exists in relation to investment that affects indigenous peoples' lands, including performance standards of most international financial institutions, such as the International Finance Corporation, and apply to private banks that adhere to the Equator Principles, which require clients to respect indigenous peoples' rights, including free, prior and informed consent. The World Bank has included the requirement for such consent in its draft revised policy. However, other banks, such as the African Development Bank and the Brazilian Development Bank, have yet to develop safeguard policies for indigenous peoples.
- Body
- Special Rapporteur on the rights of indigenous peoples
- Document type
- Special Procedures' report
- Topic(s)
- Economic Rights
- Equality & Inclusion
- Governance & Rule of Law
- Person(s) affected
- Ethnic minorities
- Year
- 2016
- Date added
- Aug 19, 2019
Paragraph
Conservation measures and their impact on indigenous peoples’ rights 2016, para. 39
- Paragraph text
- At the global level, protected-areas policy is shaped by the International Union for Conservation of Nature (IUCN). A membership organization, as at April 2016, IUCN had 1,351 members, including 89 States, 128 government agencies, 48 affiliates, 112 international NGOs, and 974 national NGOs. The latter two categories include 12 indigenous peoples' organizations. Every four years, IUCN members meet at the World Conservation Congress, where resolutions are adopted on conservation policies, and every ten years a World Parks Congress is held to deliberate on global commitments related to protected areas. World Parks Congresses constitute the most important global forums for setting international standards and guidelines for protected areas. At the Congress held in Durban in 2003, the world's leading conservationists announced a "new paradigm" for protected areas which would respect the rights of indigenous peoples and local communities. This important shift in the approach to conservation was adopted in response to growing public opinion that conventional protected area models wrongly excluded or marginalized indigenous peoples and local communities from their governance and management.
- Body
- Special Rapporteur on the rights of indigenous peoples
- Document type
- Special Procedures' report
- Topic(s)
- Environment
- Equality & Inclusion
- Governance & Rule of Law
- Social & Cultural Rights
- Person(s) affected
- Ethnic minorities
- Year
- 2016
- 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. 42
- Paragraph text
- International investment agreements also have the potential to negatively affect the realization of a number of the economic and social rights of indigenous peoples. The costs borne by States in defending themselves in investor-State dispute settlement cases and in paying awards when defeated can be extremely high. That diverts public resources, which could limit the ability of States to invest in the realization of economic and social rights. International investment agreements can also drive and maintain the practice of privatizing public services and goods, including health care and water. For example, expropriation and fair and equal treatment clauses could make it prohibitively expensive for Governments to revoke private contracts for the provision of public health services. Given the private sector's poor track record of catering to the needs of the most marginalized and vulnerable, demonstrated, for example, by the privatization of water, the impact on the economic and social rights of indigenous peoples is significant.
- Body
- Special Rapporteur on the rights of indigenous peoples
- Document type
- Special Procedures' report
- Topic(s)
- Economic Rights
- Governance & Rule of Law
- Health
- 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. 12
- Paragraph text
- One barrier to the implementation of the international human rights standards concerning indigenous peoples relates to how the concept of "indigenous peoples" is applied in relation to certain groups, as its application can be both under- and over-inclusive: the indigenous rights framework can be applied in relation to groups that share characteristics similar to indigenous peoples worldwide and, to a somewhat lesser extent, to groups that do not. Clearly, the human rights situation of groups around the world is diverse and complex, and varies from country to country and community to community, and yet there are issues and circumstances that are common to certain groups that are generally identified as indigenous peoples. The Special Rapporteur is concerned that, by failing to recognize groups as indigenous peoples, States and other powerful actors avoid applying the international standards and protection mechanisms that are most appropriate to address the kinds of human rights concerns that these groups face in common with groups which are generally identified as indigenous around the world.
- 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
Violence against indigenous women and girls; rights of indigenous peoples in relation to extractive industries 2012, para. 59
- Paragraph text
- For their part, business enterprises have a responsibility to respect human rights, including the rights of indigenous peoples, and this responsibility is independent of the State duty to protect. In referring to the human rights that corporations are responsible for respecting, principle 12 of the Guiding Principles states that these include, "at a minimum", those rights specified in the International Bill of Human Rights and the International Labour Organization's Fundamental Principles and Rights at Work, while the commentary to principle 12 clarifies that, when applicable, other human rights instruments, such as those applying to particular groups, including indigenous peoples, should inform the corporate responsibility to respect human rights. It is therefore evident, especially in the light of the mandate to apply the Guiding Principles in a non-discriminatory manner (see para. 55), that the rights that corporations should respect include the rights of indigenous peoples as set forth in the United Nations Declaration on the Rights of Indigenous Peoples and in other sources.
- 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
- 2012
- Date added
- Aug 19, 2019
Paragraph
Violence against indigenous women and girls; rights of indigenous peoples in relation to extractive industries 2012, para. 38
- Paragraph text
- In February 2012, the Special Rapporteur also participated in and gave a keynote speech at a conference on indigenous peoples, corporations and the environment, which was held in Kirkenes, Norway, and organized by the Working Group of Indigenous Peoples of the Barents Euro-Arctic Council and the Barents Regional Council, a consultative body comprising representatives of the Nenets, Sami and Vepsian peoples within the Barents region in the northern parts of Finland, Norway and the Russian Federation. The conference featured presentations by representatives of indigenous peoples, Governments and industry about the implications for indigenous peoples of strategies and proposals for new natural resources extractive activities in the Barents region. In his keynote speech, the Special Rapporteur emphasized that there was a need to implement a new development model in which indigenous peoples would have the opportunity to be genuine partners, in particular in the context of natural resource extractive activities taking place in or near their traditional territories.
- 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
- 2012
- Date added
- Aug 19, 2019
Paragraph
The need to harmonize activities affecting indigenous peoples within the United Nations system 2012, para. 66
- Paragraph text
- A related process in which indigenous peoples have been active is the United Nations Conference on Sustainable Development, which was held from 20 to 22 June 2012 in Rio de Janeiro and was attended by heads of State, international institutions, non-governmental organizations and other relevant stakeholders. The conference marked the twentieth anniversary of the adoption of the three environmental conventions mentioned in paragraph 63 above at the United Nations Conference on Environment and Development, held in Rio de Janeiro in 1992. Also adopted at that conference was Agenda 21, a plan of action addressing various issues related to environmental protection, including economic and social development, conservation and resource management and strengthening the role of "major groups", a designation that includes indigenous peoples. The objective of the United Nations Conference on Sustainable Development was to build on commitments made at the United Nations Conference on Environment and Development in 1992 and to adopt clear and practical measures which would support and advance sustainable development.
- 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
- 2012
- Date added
- Aug 19, 2019
Paragraph
The need to harmonize activities affecting indigenous peoples within the United Nations system 2012, para. 60
- Paragraph text
- Provisions of the Nagoya Protocol regarding genetic resources have been slightly more problematic in relation to the rights of indigenous peoples. In particular, the Protocol states that parties shall take measures, again with the qualifier "as appropriate", to ensure that benefits arising from the utilization of genetic resources held by indigenous and local communities, in accordance with domestic legislation on the rights of these communities, are equitably shared (article 5.2). As regards the sharing of benefits in relation to the use of genetic resources, the Protocol similarly requires that the parties take measures to ensure that the prior and informed consent, or approval and involvement of indigenous and local communities be obtained, but adds "where they have the established right to grant access to such resources" (article 6.2). Concern has been expressed that the reference to established rights in accordance with domestic legislation in these articles could be interpreted to suggest that the rights of indigenous peoples to genetic resources can only be established by domestic law, not international law.
- Body
- Special Rapporteur on the rights of indigenous peoples
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Governance & Rule of Law
- Social & Cultural Rights
- Person(s) affected
- Ethnic minorities
- Year
- 2012
- Date added
- Aug 19, 2019
Paragraph
Overview of the activities carried during the first three-year term of the mandate 2011, para. 259
- Paragraph text
- We welcome increasing efforts to improve the quality of official development assistance and to increase its development impact. We also recognize the need to improve development effectiveness, increase programme-based approaches, use country systems for activities managed by the public sector, reduce transaction costs and improve mutual accountability and transparency, and in this regard we call upon all donors to untie aid to the maximum extent. We will further make development more effective and predictable by providing developing countries with regular and timely indicative information on planned support in the medium term. We recognize the importance of efforts by developing countries to strengthen leadership of their own development, national institutions, systems and capacity to ensure the best results for effective development by engaging with parliaments and citizens in shaping those policies and deepening engagement with civil society organizations. We should also bear in mind that there is no one-size-fits-all formula that will guarantee development effectiveness. The specific situation of each country needs to be fully considered.
- 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. 88h
- Paragraph text
- [We are committed to strengthening the role of the United Nations Environment Programme as the leading global environmental authority that sets the global environmental agenda, promotes the coherent implementation of the environmental dimension of sustainable development within the United Nations system and serves as an authoritative advocate for the global environment. We reaffirm General Assembly resolution 2997 (XXVII) of 15 December 1972 establishing the United Nations Environment Programme and other relevant resolutions that reinforce its mandate, as well as the Nairobi Declaration on the Role and Mandate of the United Nations Environment Programme of 7 February 1997 and the Malmö Ministerial Declaration of 31 May 2000. In this regard, we invite the Assembly, at its sixty-seventh session, to adopt a resolution strengthening and upgrading the United Nations Environment Programme in the following manner:] Ensure the active participation of all relevant stakeholders, drawing on best practices and models from relevant multilateral institutions and exploring new mechanisms to promote transparency and the effective engagement of civil society.
- 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
- 2011
- Date added
- Aug 19, 2019
Paragraph
Overview of the activities carried during the first three-year term of the mandate 2011, para. 88a
- Paragraph text
- [We are committed to strengthening the role of the United Nations Environment Programme as the leading global environmental authority that sets the global environmental agenda, promotes the coherent implementation of the environmental dimension of sustainable development within the United Nations system and serves as an authoritative advocate for the global environment. We reaffirm General Assembly resolution 2997 (XXVII) of 15 December 1972 establishing the United Nations Environment Programme and other relevant resolutions that reinforce its mandate, as well as the Nairobi Declaration on the Role and Mandate of the United Nations Environment Programme of 7 February 1997 and the Malmö Ministerial Declaration of 31 May 2000. In this regard, we invite the Assembly, at its sixty-seventh session, to adopt a resolution strengthening and upgrading the United Nations Environment Programme in the following manner:] Establish universal membership in the Governing Council of the United Nations Environment Programme, as well as other measures to strengthen its governance as well as its responsiveness and accountability to Member States;
- 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
- 2011
- Date added
- Aug 19, 2019
Paragraph
Overview of the activities carried during the first three-year term of the mandate 2011, para. 76e
- Paragraph text
- [We recognize that effective governance at the local, subnational, national, regional and global levels representing the voices and interests of all is critical for advancing sustainable development. The strengthening and reform of the institutional framework should not be an end in itself, but a means to achieve sustainable development. We recognize that an improved and more effective institutional framework for sustainable development at the international level should be consistent with the Rio Principles, build on Agenda 21 and the Johannesburg Plan of Implementation, and its objectives on the institutional framework for sustainable development, contribute to the implementation of our commitments in the outcomes of United Nations conferences and summits in the economic, social, environmental and related fields and take into account national priorities and the development strategies and priorities of developing countries. We therefore resolve to strengthen the institutional framework for sustainable development, which will, inter alia:] Promote full and effective participation of all countries in decision-making processes;
- Body
- Special Rapporteur on the rights of indigenous peoples
- Document type
- Special Procedures' report
- Topic(s)
- Environment
- 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. 76a
- Paragraph text
- [We recognize that effective governance at the local, subnational, national, regional and global levels representing the voices and interests of all is critical for advancing sustainable development. The strengthening and reform of the institutional framework should not be an end in itself, but a means to achieve sustainable development. We recognize that an improved and more effective institutional framework for sustainable development at the international level should be consistent with the Rio Principles, build on Agenda 21 and the Johannesburg Plan of Implementation, and its objectives on the institutional framework for sustainable development, contribute to the implementation of our commitments in the outcomes of United Nations conferences and summits in the economic, social, environmental and related fields and take into account national priorities and the development strategies and priorities of developing countries. We therefore resolve to strengthen the institutional framework for sustainable development, which will, inter alia:] Promote the balanced integration of the three dimensions of sustainable development;
- Body
- Special Rapporteur on the rights of indigenous peoples
- Document type
- Special Procedures' report
- Topic(s)
- Environment
- 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. 105
- Paragraph text
- In addition, while many Governments are committed to and have demonstrated an awareness of the need to protect the rights of indigenous peoples, the responses to the questionnaire received by the Special Rapporteur from States, coupled with those received from other sources, also reflect a lack of consensus with regard to the extent of a State's duties concerning resource extraction and development projects and the means of ensuring such protection. In several responses, particularly those received from businesses, it was pointed out that Governments tend to distance themselves from the implementation of the outcomes of consultation procedures and other measures to safeguard the rights of indigenous peoples in the context of extractive operations and to act as mere regulators. The fact that States tended to delegate their protective role to business enterprises was repeatedly pointed out as a matter of concern, particularly in cases in which the State's regulatory frameworks regarding indigenous rights, including in relation to the protection of lands and resources, consultation and benefit-sharing, are insufficient or do not exist.
- 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
- 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. 57
- Paragraph text
- While strengthening of support for the Declaration is to be celebrated, it is all too apparent that a great deal remains to be done to see the objectives of the Declaration become a reality in the everyday lives of the indigenous peoples of the world. Today, the Declaration serves more as a reminder of how far there is to go in bringing justice and dignity to the lives of indigenous peoples than a reflection of what has actually been achieved on the ground. Indeed, historical patterns of oppression continue to manifest themselves in ongoing barriers to the full enjoyment of human rights by indigenous peoples. It is feared that the wide gap between the Declaration and its effective implementation will persist, leading to a certain complacency and acceptance of that condition by dominant actors and within the United Nations system. This cannot be allowed to happen.
- 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. 51
- Paragraph text
- Regarding the third aspect of external participation, participation at the international level, the Special Rapporteur notes that there is strong participation of indigenous peoples at the sessions of the Permanent Forum on Indigenous Issues and the Expert Mechanism on the Rights of Indigenous Peoples. Furthermore, over the past two years the Special Rapporteur has observed increased interaction by indigenous peoples with his mandate and notes a heightened engagement by indigenous groups with all the relevant international mechanisms. The formation of the Inter-Agency Support Group on Indigenous Issues is an example of an initiative for strengthening cooperation among United Nations agencies and mainstreaming indigenous issues within the United Nations system, which could also provide an important forum for indigenous peoples' participation at the international level.
- Body
- Special Rapporteur on the rights of indigenous peoples
- Document type
- Special Procedures' report
- Topic(s)
- 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. 40
- Paragraph text
- As outlined by the Expert Mechanism in its recent progress report, the right to participation is present in a wide range of international instruments, including the United Nations Declaration on the Rights of Indigenous Peoples, International Labour Organization Convention No. 169 on Indigenous and Tribal Peoples in Independent Countries, the International Convention on the Elimination of All Forms of Racial Discrimination and the International Covenant on Civil and Political Rights, as well as regional human rights instruments, including the American Convention on Human Rights. In particular, as highlighted in the Expert Mechanism's progress report, the United Nations Declaration on the Rights of Indigenous Peoples contains more than 20 provisions affirming indigenous peoples' right to participate in decision-making on a wide range of matters.
- Body
- Special Rapporteur on the rights of indigenous peoples
- Document type
- Special Procedures' report
- Topic(s)
- Economic Rights
- Equality & Inclusion
- Governance & Rule of Law
- Person(s) affected
- Ethnic minorities
- Year
- 2010
- Date added
- Aug 19, 2019
Paragraph
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. 82
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- The mass media also plays a role, which it should be aware of and accountable for, in terms of perpetuating racist assumptions about indigenous peoples. Positive promotion of a better understanding of indigenous rights in mainstream media is important.
- Body
- Special Rapporteur on the rights of indigenous peoples
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Governance & Rule of Law
- Social & Cultural Rights
- Person(s) affected
- Ethnic minorities
- Year
- 2017
- Date added
- Aug 19, 2019
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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. 55
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- The nature of the allegations received by the mandate holder indicates an increase in violence against indigenous peoples when they defend their basic human rights, including their rights to lands and resources. Within this context, the use of anti-terrorist legislation, the terming of human rights defence as a criminal activity, and impunity when crimes against indigenous peoples are committed remain very serious concerns. In the past 10 years the mandate holder has addressed, often together with other special procedures mandate holders, many cases of violence against indigenous peoples, their leaders and representatives. This has been undertaken through the communications procedure and the release of public statements. The mandate holder has also sought to address these situations by engaging the Governments in constructive dialogues and by undertaking working visits to examine the issues in more depth. The Special Rapporteur intends to develop further research on this issue but would like to emphasize that the underlying reason for the key problems seen in these cases is the lack of observance of indigenous land, natural resources and related rights recognized in the Declaration and other human rights instruments.
- Body
- Special Rapporteur on the rights of indigenous peoples
- Document type
- Special Procedures' report
- Topic(s)
- Civil & Political Rights
- Environment
- Governance & Rule of Law
- Violence
- Person(s) affected
- Ethnic minorities
- Year
- 2017
- Date added
- Aug 19, 2019
Paragraph
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. 45
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- The establishment of special departments within different Ministries focused on indigenous peoples and parliamentary commissions on indigenous issues can be instrumental in the development of appropriate measures to achieve the ends of the Declaration. Within the justice system, some countries have established specialized Public Prosecutor’s Offices which play an important role in trying to ensure access to justice for indigenous peoples. In several countries joint bodies, such as dialogue round tables, with participation of indigenous peoples and State institutions, have been created: they either deal with specific matters or exist as permanent mechanisms. Provided they comply with the basic requirements of full and effective participation by indigenous peoples in decision-making and respect for indigenous appointment processes, these bodies can play a decisive role in advancing respectful and continuous intercultural dialogue between indigenous peoples and States that may bring about the needed changes. They can also be instrumental in preventing and solving conflict situations.
- Body
- Special Rapporteur on the rights of indigenous peoples
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Governance & Rule of Law
- Humanitarian
- Person(s) affected
- Ethnic minorities
- Year
- 2017
- Date added
- Aug 19, 2019
Paragraph
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. 40
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- Public policies should address the underlying causes of poverty and marginalization that indigenous peoples suffer as a result of the denial of their rights. They should also be considered as elements of the coordinated and systematic action States should develop to ensure that indigenous peoples enjoy their collective and individual human rights, and not as marginal, stand-alone initiatives dependent on available funding. The mandate holder has observed positive examples of public policies to implement indigenous rights on different sectoral issues, such as for example the National Aboriginal and Torres Strait Islander Health Plan 2013-2023 which affirms that it adopts a human rights-based approach informed by the Declaration. Other examples include the Whanau Ora policy in New Zealand; the bilingual intercultural education programme in Panama and the policies for the protection of indigenous peoples in isolation and recent contact in Bolivia and Ecuador. In El Salvador the recently adopted national policy on indigenous peoples considers the Declaration as its framework. Canada is undertaking a review of its policies to ensure coherence with the Declaration, and dialogue processes with indigenous peoples on public policies are ongoing in Costa Rica or Paraguay.
- Body
- Special Rapporteur on the rights of indigenous peoples
- Document type
- Special Procedures' report
- Topic(s)
- Education
- Equality & Inclusion
- Governance & Rule of Law
- Social & Cultural Rights
- Person(s) affected
- Ethnic minorities
- Year
- 2017
- Date added
- Aug 19, 2019
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