Search Tips
sorted by
30 shown of 1538 entities
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
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 women and girls 2015, para. 47c
- Paragraph text
- [Indigenous women are significantly more likely to experience rape than non-indigenous women. It has been estimated that more than one in three indigenous women are raped during their lifetime. Behind these shocking statistics are multiple forms of sexual violence against indigenous women by a multitude of actors in different geographical regions. Coordinated and comparative information on sexual violence is very limited, due in part to significant underreporting and a lack of investment in disaggregated data collection that include indigenous women and communities. That makes analysis of systemic level prevalence and trends very difficult. Different forms of sexual violence have been reported, including the following:] Women have reportedly been subjected to harassment, extortion and rape by State officials at border crossings. For example, Miskito women, whose territories straddle Nicaragua and Honduras and who cross national borders every day to work their lands or to gather medicinal plants, are routinely exposed to sexual violence. In addition, military officials may perpetrate sexual violence as a weapon to weaken the resolve of indigenous communities in militarized disputes over land and resources;
- Body
- Special Rapporteur on the rights of indigenous peoples
- Document type
- Special Procedures' report
- Topic(s)
- Violence
- Person(s) affected
- Ethnic minorities
- Women
- 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. 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
Rights of indigenous peoples, including their economic, social and cultural rights in the post-2015 development framework 2014, para. 37
- Paragraph text
- One such example is the undervaluing of the traditional livelihoods and occupations of indigenous peoples, such as traditional fishing practices, hunting and gathering, pastoralism and shifting cultivation. In all parts of the world, indigenous peoples who are engaged in such sustainable but non-sedentary subsistence activities face overwhelming threats to their collective rights to lands, territories and resources, which form the basis of their livelihoods as well as their culture and identity. As observed by the Inter-Agency Support Group on Indigenous Issue "...national development policies often consider traditional livelihood activities as no longer relevant and sometimes seek to discourage them, even in the absence of viable alternatives". The Special Rapporteur observes that this situation persists despite the fact that the dominant development strategies have led to immense challenges related to the adverse effects of climate change, loss of biodiversity, environmental degradation, financial instability, increasing inequalities and unemployment and social crises in many countries.
- Body
- Special Rapporteur on the rights of indigenous peoples
- Document type
- Special Procedures' report
- Topic(s)
- Environment
- Social & Cultural Rights
- 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. 74
- Paragraph text
- In the view of the Special Rapporteur, however, a more fundamental problem persists: the model of natural resource extraction that is being promoted by corporations and States for the development and extraction of natural resources within indigenous habitats. It is a model in which the initial plans for exploration and extraction of natural resources 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. The corporation controls the extractive operation and takes the resources and profits from it, with the State gaining royalties or taxes, and indigenous peoples at best being offered benefits in the form of jobs or community development projects that typically pale in economic value in comparison to the profits gained by the corporation. It is a model of colonial overtones, in which indigenous peoples see their territories again encroached upon by outsiders who control aspects of their habitats and take from them, even when done with the promise of corporate social responsibility.
- Body
- Special Rapporteur on the rights of indigenous peoples
- Document type
- Special Procedures' report
- Topic(s)
- Economic Rights
- Environment
- 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. 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. 55
- Paragraph text
- While the Special Rapporteur has observed a high level of acceptance of the Guiding Principles and their "protect, respect and remedy" framework, he has also noted ambiguity among Government and corporate actors about the extent to or manner in which the Guiding Principles relate to the standards of human rights that specifically concern indigenous peoples. This ambiguity should be dispelled in favour of a clear understanding that the Guiding Principles apply to advance the specific rights of indigenous peoples in the same way as they advance human rights more generally, when those rights are affected or potentially affected by business activities, including extractive industries. There is no sound reason to exclude the human rights standards that apply specifically to indigenous peoples from the application of the Guiding Principles, and to do so would be contrary to the injunction, found among the Guiding Principles' introductory paragraphs, that they should be applied "in a non-discriminatory manner", with particular attention to the rights and needs of groups that are vulnerable or marginalized.
- Body
- Special Rapporteur on the rights of indigenous peoples
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- 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. 68
- Paragraph text
- In spite of this recognition, the final text of the document was considered to be largely uninspiring and a disappointment to indigenous peoples for its failure to integrate a human rights approach adequately into environmental protection. For example, while the final text recognizes the importance of strong and effective legal and regulatory frameworks, policies and practices for the mining sector, including effective safeguards that reduce social and environmental impacts, as well as conserving biodiversity and ecosystems, it does not make any specific mention of the effect of mining activities on human rights generally or the rights of indigenous peoples in particular. The relative lack of focus on human rights in the outcome document was viewed by indigenous peoples as especially disappointing, considering that international, regional and national courts and human rights bodies are increasingly acknowledging environmental damage as a source of human rights violations and have established that States have a responsibility for environmental protection in the context of respect for human rights.
- Body
- Special Rapporteur on the rights of indigenous peoples
- Document type
- Special Procedures' report
- Topic(s)
- Environment
- 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