A/HRC/24/41
these rights are potentially affected by extractive activities. Further, new business models
for natural resource extraction need to be examined and developed, models that are more
conducive to the full enjoyment by indigenous peoples of their rights than the one that
currently prevails in much of the world. In previous reports to the Human Rights Council
the Special Rapporteur has endeavoured to shed light on the issues that indigenous peoples
face in relation to extractive industries, and to contribute to understanding of the
international human rights standards that apply in this context. 3
6.
In this his final report to the Council, the Special Rapporteur seeks to further
advance understanding of relevant international standards, identifying and building upon
points of consensus that he has found in relation to these standards. He provides a series of
observations and recommendations that draw from the experiences he has studied and that
point to new models for resource extraction that are or would be consistent with
international standards and even conducive to the fulfilment of indigenous peoples’ rights.
7.
In producing the present report the Special Rapporteur has benefited from extensive
consultations with representatives of indigenous peoples, States, business enterprises within
the extractives sector, non-governmental organizations and experts. The Special Rapporteur
is grateful to all those who contributed their views and insights through his questionnaires
and requests for information, and to the indigenous and other organizations and
Governments that hosted consultations. 4
II. A preferred model: resource extraction and development
through indigenous peoples’ own initiatives and enterprises
8.
In contrast to the prevailing model in which natural resource extraction within
indigenous territories is under the control of and primarily for the benefit of others,
indigenous peoples in some cases are establishing and implementing their own enterprises
to extract and develop natural resources. This alternative of indigenous-controlled resource
extraction, by its very nature, is more conducive to the exercise of indigenous peoples’
rights to self-determination, lands and resources, culturally appropriate development and
related rights, in accordance with the United Nations Declaration on the Rights of
Indigenous Peoples5 and other international sources of authority. 6
3
4
5
6
4
See A/HRC/18/35, paras. 22-89, and A/HRC/21/47, paras. 34-76 and 79-87.
The Special Rapporteur would like to thank in particular, for their assistance in organizing relevant
consultations, the National Congress of Australia’s First Peoples, the Asia Indigenous Peoples Pact, the
Saami Council, the Lowell Institute for Mineral Resources at the University of Arizona, the Barents
Euro-Arctic Council, Peace Brigades International, Amnesty International, Indigenous Peoples Links,
Almáciga, the International Council on Mining and Metals, the Harvard Project on American Indian
Economic Development, Middlesex University School of Law, the Sustainable Development Strategy
Group and RESOLVE; as well as the Governments of Norway, Spain and the United Kingdom of Great
Britain and Northern Ireland, and the state of Western Australia (Australia). He would also like to thank
the Cyrus R. Vance Center for International Justice, the University of Virginia International Human
Rights Law Clinic, and the Indigenous Peoples Law and Policy Program at the University of Arizona for
their assistance with background research used in the preparation for this report.
Inter alia, arts. 3, 5, 26 and 32.
See, inter alia, International Labour Organization (ILO) Convention No. 169 (1989) concerning
Indigenous and Tribal Peoples in Independent Countries, arts. 13-15; International Covenant on Civil
and Political Rights, arts. 1 and 27; and International Convention on the Elimination of All Forms of
Racial Discrimination, art. 5 (d) (v).