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The role of minority rights protection in promoting stability and conflict prevention 2011, para. 88
- Paragraph text
- States should monitor economic development projects to assess their impact on minorities, to ensure that they benefit equally with others, and that there is no detrimental effect on their rights.
- Body
- Special Rapporteur on minority issues
- Document type
- Special Procedures' report
- Topic(s)
- Economic Rights
- Equality & Inclusion
- Person(s) affected
- Ethnic minorities
- Year
- 2011
- Date added
- Aug 19, 2019
Paragraph
Analysis of the impacts of international investment agreements on the rights of indigenous peoples 2016, para. 108
- Paragraph text
- Longer-term reform of international investment law necessitates a shift in thinking about the purpose and nature of international investment agreements and dispute resolution mechanisms. Rather than viewing their role as purely, or even perhaps primarily, to protect investor rights, they need to be understood within a broader public policy and the international law framework, commensurate with our stage of economic globalization and interdependence, such that legitimate investor protections work in harmony with indigenous and human rights rather than acting as a constraint upon long-term public policy objectives and serving to further fragment the international order. This will involve redesigning aspects of the international investment law system that are not fit for purpose. The objective should be to protect the legitimate rights of investors and the need for reasonable predictability, while also guaranteeing the State's right to regulate and protect fundamental human rights, and ensuring that the rights of the most vulnerable are not subordinated to the economic interests of the most powerful.
- 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. 103f
- Paragraph text
- Host States must comply with their duty to regulate in relation to indigenous peoples' rights to: (f) A permanent and enduring way of life of their own choosing.
- 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
Analysis of the impacts of international investment agreements on the rights of indigenous peoples 2016, para. 103b
- Paragraph text
- Host States must comply with their duty to regulate in relation to indigenous peoples' rights to: (b) Restitution of land, territories and resources taken without free, prior and informed consent;
- 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
- 2016
- Date added
- Aug 19, 2019
Paragraph
Analysis of the impacts of international investment agreements on the rights of indigenous peoples 2016, para. 100b
- Paragraph text
- Investors should: (b) Support the transition toward a model of investment that promotes the realization of human rights.
- 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. 100a
- Paragraph text
- Investors should: (a) Operate under the assumption that regulatory frameworks continuously evolve to progressively realize the human rights of indigenous peoples, as explicitly required by international human rights law;
- 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. 97b
- Paragraph text
- States should: (b) Ratify the United Nations Convention on Transparency in Treaty-based Investor-State Arbitration;
- 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. 97a
- Paragraph text
- States should: (a) Promote the above practices through interpretative text;
- Body
- Special Rapporteur on the rights of indigenous peoples
- Document type
- Special Procedures' report
- Topic(s)
- Economic Rights
- Person(s) affected
- Ethnic minorities
- Year
- 2016
- Date added
- Aug 19, 2019
Paragraph
Rights of indigenous women and girls 2015, para. 78b
- Paragraph text
- [Recommendations to Member States] [With regard to civil and political rights, Member States should:] Develop interventions to increase the number of indigenous women in national and local political and public processes and explore the feasibility of implementing quota systems for indigenous women's representation in local and national politics;
- Body
- Special Rapporteur on the rights of indigenous peoples
- Document type
- Special Procedures' report
- Topic(s)
- Economic Rights
- Equality & Inclusion
- Gender
- Person(s) affected
- Ethnic minorities
- Women
- Year
- 2015
- Date added
- Aug 19, 2019
Paragraph
Extractive industries and indigenous peoples 2013, para. 82
- Paragraph text
- Just as indigenous peoples have the right to pursue their own initiatives for resource extraction, as part of their right to self-determination and to set their own strategies for development, they have the right to decline to pursue such initiatives in favour of other initiatives for their sustainable development, and they should be supported in such other pursuits as well.
- 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
- 2013
- Date added
- Aug 19, 2019
Paragraph
Extractive industries and indigenous peoples 2013, para. 81
- Paragraph text
- When indigenous peoples choose to pursue their own initiatives for natural resource extraction within their territories, States and the international community should assist them to build the capacity to do so, and States should privilege indigenous peoples' initiatives over non-indigenous initiatives.
- 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
- 2013
- 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. 72
- Paragraph text
- There are two broad areas of concern that can be identified when considering development programmes affecting indigenous peoples. The first area of concern relates to policies and initiatives aimed at the development of the economy or infrastructure of the State generally and that are said to benefit the people of the State as a whole, but that have actual or potential negative effects on indigenous peoples. These include, inter alia, development programmes involving the extraction of natural resources and mega-projects such as the construction of dams and transportation facilities on indigenous peoples' territories. Such development programmes and projects, despite their specific effects on indigenous peoples and their territories, are often undertaken without adequate consultation with them or without their free, prior and informed consent.
- Body
- Special Rapporteur on the rights of indigenous peoples
- Document type
- Special Procedures' report
- Topic(s)
- Civil & Political Rights
- Economic Rights
- Environment
- Person(s) affected
- Ethnic minorities
- Year
- 2010
- Date added
- Aug 19, 2019
Paragraph
Rights of rural women 2016, para. 78c
- Paragraph text
- [States parties should give priority to rural women's equal rights to land when undertaking land and agrarian reforms and consider it a specific and central objective of land reform. They should:] Formally recognize and review indigenous women's laws, traditions, customs and land tenure systems, with the aim of eliminating discriminatory provisions;
- Body
- Committee on the Elimination of Discrimination against Women
- Document type
- General Comment / Recommendation
- Topic(s)
- Economic Rights
- Gender
- Governance & Rule of Law
- Social & Cultural Rights
- Person(s) affected
- Ethnic minorities
- Women
- Year
- 2016
- Date added
- Aug 19, 2019
Paragraph
Analysis of the impacts of international investment agreements on the rights of indigenous peoples 2016, para. 106
- Paragraph text
- International financial institutions, including the World Bank, must implement their performance standards in a manner consistent with developments in international human rights law standards, including in relation to the requirement for free, prior and informed consent.
- 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
Analysis of the impacts of international investment agreements on the rights of indigenous peoples 2016, para. 103d
- Paragraph text
- Host States must comply with their duty to regulate in relation to indigenous peoples' rights to: (d) Good-faith prior consultation to give or withhold free, prior and informed consent in relation to measures affecting their rights;
- 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
Rights of indigenous peoples on the impact of international investment and free trade on the human rights of indigenous peoples 2015, para. 77i
- Paragraph text
- [Concerning the reform of investment and free trade practices, the Special Rapporteur recommends that:] Member States publish the results of all arbitration decisions made in investor-State dispute settlement cases, including any specific information on dimensions relating to the rights of indigenous peoples;
- 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
- 2015
- Date added
- Aug 19, 2019
Paragraph
Extractive industries and indigenous peoples 2013, para. 83
- Paragraph text
- Indigenous individuals and peoples have the right to oppose and actively express opposition to extractive projects promoted by the State or third party business interests. Indigenous peoples should be able to oppose or withhold consent to extractive projects free from reprisals or acts of violence, or from undue pressures to accept or enter into consultations about extractive projects.
- 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
- 2013
- Date added
- Aug 19, 2019
Paragraph
Extractive industries and indigenous peoples 2013, para. 80
- Paragraph text
- A preferred model for natural resource extraction within indigenous territories is one in which indigenous peoples themselves control the extractive operations, through their own initiatives and enterprises. Indigenous peoples may benefit from partnerships with responsible, experienced and well-financed non-indigenous companies to develop and manage their own extractive enterprises.
- 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
- 2013
- Date added
- Aug 19, 2019
Paragraph
The role of minority rights protection in promoting stability and conflict prevention 2011, para. 90
- Paragraph text
- States should collect disaggregated data concerning the access of all sectors of society to economic opportunities and political decision-making. Data should be disaggregated by ethnicity and gender to highlight patterns of inequality that have an impact on minority women in different ways than on minority men. Data collection programmes should be designed with the involvement of representatives of minority communities, should allow for diverse forms of self-identification and should provide effective guarantees of data protection.
- Body
- Special Rapporteur on minority issues
- Document type
- Special Procedures' report
- Topic(s)
- Economic Rights
- Equality & Inclusion
- Person(s) affected
- Ethnic minorities
- Women
- Year
- 2011
- Date added
- Aug 19, 2019
Paragraph
Protection of minority rights in conflict prevention 2010, para. 98
- Paragraph text
- States should collect disaggregated data concerning the access of all sectors of society to economic opportunities and political decision-making. Data should be disaggregated by ethnicity and gender to highlight patterns of inequality that have an impact on minority women in different ways than on minority men. Data collection programmes should be designed with the involvement of representatives of minority communities, should allow for diverse forms of self-identification and should provide effective guarantees of data protection.
- Body
- Special Rapporteur on minority issues
- Document type
- Special Procedures' report
- Topic(s)
- Economic Rights
- Equality & Inclusion
- Person(s) affected
- Ethnic minorities
- Women
- Year
- 2010
- Date added
- Aug 19, 2019
Paragraph
Analysis of the impacts of international investment agreements on the rights of indigenous peoples 2016, para. 95
- Paragraph text
- States should negotiate international investment agreements in accordance with their international cooperative on obligations under international human rights law, and in keeping with the "clean hands" doctrine, through the conduct of human rights impact assessments, appropriate due diligence and knowledge generation in relation to all potential impacts on indigenous peoples' rights, both at home and abroad.
- 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
Analysis of the impacts of international investment agreements on the rights of indigenous peoples 2016, para. 93a
- Paragraph text
- In accordance with the recommendations of the Special Rapporteur in her 2015 report to the General Assembly (A/70/301): (a) Appropriate consultation procedures and mechanisms should be developed in cooperation with indigenous peoples in relation to the drafting, negotiation and approval of international investment agreements, and their right to consultation should be guaranteed prior to the ratification of the Trans-Pacific Partnership;
- 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. 84
- Paragraph text
- Strong arguments exist for radically reforming the system of investor-State dispute settlements and to reform the investment dispute system. Mechanisms aimed at resolving disputes between investors and States that extend to affected communities and individuals through the use of fact-finding and mediation, and possibly through judicial powers, modelled on a body such as the Inter-American Court of Human Rights, have been proposed.
- 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
Rights of indigenous women and girls 2015, para. 77g
- Paragraph text
- [Recommendations to Member States] [With regard to economic, social and cultural rights, Member States should:] When developing initiatives to improve the economic, social and cultural rights, pro-actively engage with indigenous women and girls and other members of indigenous communities on how best to meet their needs; apply the principle of free, prior and informed consent to the development of all laws, policies and programmes;
- 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
- Girls
- 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. 78b
- Paragraph text
- [Concerning deeper systemic reform, the Special Rapporteur recommends that Member States:] Participate actively in the Open-ended intergovernmental working group on transnational corporations and other business enterprises with respect to human rights, established by the Human Rights Council in its resolution 29/6, to elaborate on a legally binding instrument and develop ways to strengthen legal accountability and remedy for corporate violations of human rights;
- 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
- 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. 75
- Paragraph text
- The need for wholesale and collective change is not, however, at odds with more immediate and incremental reform. The Special Rapporteur is also interested in the potential of emerging positive practices in relation to international investment agreements and believes that there are immediate steps States can take individually to better protect the rights of indigenous peoples.
- 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
- 2015
- Date added
- Aug 19, 2019
Paragraph
Challenges and lessons in combating contemporary forms of slavery 2013, para. 82
- Paragraph text
- Slavery and slavery-like practices are often clandestine. The majority of those affected are from the poorest, most vulnerable and marginalized social groups in society such as indigenous and caste-based groups. In order to effectively eradicate such exploitation in all its forms, Governments and other stakeholders must address the root causes of poverty, social exclusion and all forms of discrimination. At the heart of these campaigns, poverty reduction, the promotion of the Millennium Development Goals, the protection of human dignity and the establishment of robust protections against human and labour rights abuses, including effective access to remedy, should guide national and international strategies.
- Body
- Special Rapporteur on contemporary forms of slavery, including its causes and consequences
- Document type
- Special Procedures' report
- Topic(s)
- Economic Rights
- Poverty
- Person(s) affected
- Ethnic minorities
- Year
- 2013
- Date added
- Aug 19, 2019
Paragraph
Protection of minority rights in conflict prevention 2010, para. 96
- Paragraph text
- States should monitor economic development projects to assess their impact on minorities, to ensure that they benefit equally with others, and that there is no detrimental effect on their rights.
- Body
- Special Rapporteur on minority issues
- 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. 87
- Paragraph text
- Mechanisms should be developed to amend existing international investment agreements to include the right to regulate and to mandate respect for human rights.
- 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. 77
- Paragraph text
- Foreign investment can contribute to economic growth and development. However, there is a long-standing debate as to the conditions necessary for developing countries to benefit from such investment, and the extent to which international investment agreements facilitate those conditions.
- 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