execution of all those activities that may affect indigenous peoples’ right to lands.362 The CERD and the exploitation of natural resources located in indigenous peoples’ lands Turning to the issue of the exploitation of natural resources impacting indigenous lands, the CERD has constantly requested that the free, prior and informed consent of indigenous peoples be sought before undertaking any activities on their lands.363 It has explicitly clarified that ‘merely consulting these communities prior to exploiting the resources falls short of meeting the requirements set out in the CERD’s general recommendation [No. 23 on indigenous peoples]’,364 which indeed states that ‘no decisions directly relating to their rights and interests are taken without their informed consent’.365 Moreover, the CERD has called upon states to ensure that indigenous peoples receive an ‘equitable sharing of benefits’ deriving from the exploitation of natural resources.366 In some instances, the CERD has extended its consideration also to Afro-descendant communities.367 Lastly, it should be noted that in the most recent Concluding Observations, the Committee has expressly referred to the standards set in the UNDRIP. Thus, with regard to the report submitted by the United States, the CERD recommended that: ‘the State party recognize the right of Native Americans to participate in decisions affecting them, and consult and cooperate in good faith with the indigenous peoples concerned before adopting and implementing any activity in areas of spiritual and cultural significance to Native Americans. While noting the position of the State party with regard to the United Nations Declaration on the Rights of Indigenous Peoples (A/RES/61/295), the Committee finally recommends that the declaration be used as a guide to interpret the State party’s obligations under the Convention relating to indigenous peoples.’ (emphasis added)368 The Committee on Economic, Social and Cultural Rights The CESCR monitors the implementation of the ICESCR by the States parties. It thus examines the regular reports received from the States parties and then addresses to them ‘Concluding Observations’ pointing out the main subjects of concern and the consequent recommendations. In addition, it should be noted that on 10 December 2008, the UN General Assembly adopted an Optional Protocol to the Covenant which confers on the CESCR the authority to receive communications by individuals or groups of individuals claiming to be victims of a violation of any of the economic, social and cultural rights set forth in the ICESCR by a state that is party to such Optional Protocol.369 So far, the CESCR has dealt with the issue of indigenous peoples’ land rights mainly under Article 1 of the ICESCR (right to self-determination) either requiring that the discrimination suffered by indigenous peoples in the recognition of their right to traditional lands be addressed 370 or emphasizing that the recognition of indigenous peoples’ land rights is a crucial means to protect their right to maintain and develop their traditional culture and way of life.371 Nonetheless, it does not seem that the CESCR has further elaborated on indigenous peoples’ land rights. The CESCR and the exploitation of natural resources located in indigenous peoples’ lands As regards the implementation of projects for exploitation of natural resources situated in indigenous peoples’ traditional lands, the CESCR has requested that the state ‘consult and seek consent of the indigenous people concerned prior to the implementation of natural resources-extracting projects … affecting them’,372 or, in a more specific way, ‘prior to the implementation of timber, soil or subsoil mining projects … affecting them’.373 The Committee on the Elimination of Discrimination Against Women Pursuant to the Optional Protocol to the Convention on the Elimination of All Forms of Discrimination against Women, the Committee on the Elimination of Discrimination Against Women (CEDAW) can receive communications from individuals or groups of individuals claiming to be victims of a violation of any of the rights set forth in the Convention by a state which is party to the Optional Protocol. For the purpose of this section, it is worth recalling that Article 14 of the Convention provides, among other things, that states shall take all appropriate measures to ensure that women are not discriminated against with regard to access to agricultural credit and loans, marketing facilities, appropriate technology, and have equal treatment in land and agrarian reform as well as in land resettlement schemes. As will be illustrated in the subsection on ‘Multiple discrimination and international practice’ (p. 41), the CEDAW examines the situation of indigenous women through the broader categories of rural or vulnerable women. In this context, it has raised the issue of women’s access to land, especially in connection with the examination of discriminatory laws and practices concerning ownership and inheritance rights.374 For more details on the CEDAW’s general approach to indigenous MINORITY GROUPS AND LITIGATION: A REVIEW OF DEVELOPMENTS IN INTERNATIONAL AND REGIONAL JURISPRUDENCE 37