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devised and implemented with full respect for indigenous peoples’ own justice and dispute
resolution systems.
V. Conclusions and recommendations
79.
Indigenous peoples around the world have suffered negative, even devastating,
consequences from extractive industries. Despite such negative experiences, looking
toward the future it must not be assumed that extractive industries’ and indigenous
peoples’ interests are entirely or always at odds with each other. However, models of
resource extraction that are different from the heretofore prevailing model are
required if resource extraction within indigenous peoples’ territories is to be carried
out in a manner consistent with their rights.
80.
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.
81.
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.
82.
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.
83.
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.
84.
Indigenous peoples’ free, prior and informed consent is required, as a general
rule, when extractive activities are carried out within indigenous territories.
Indigenous consent may also be required when extractive activities otherwise affect
indigenous peoples, depending on the nature of the activities and their potential
impact on the exercise of indigenous peoples’ rights.
85.
In this way, free, prior and informed consent is a safeguard for the
internationally recognized rights of indigenous peoples that are typically affected by
extractive activities carried out within their territories.
86.
The general requirement of indigenous consent for extractive activities within
indigenous territories may be subject to certain limited exceptions, in particular, when
any limitations on indigenous peoples’ substantive rights comply with standards of
necessity and proportionality with regard to a valid public purpose, defined within an
overall framework of respect for human rights.
87.
When a State determines that it is permissible to proceed with an extractive
project that affects indigenous peoples without their consent, and chooses to do so,
that decision should be subject to independent judicial review.
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