A/HRC/24/41
sectors, including some of the world’s major mining and oil and gas companies. The
Voluntary Principles employ a human rights framework to address company relations with
State and private security providers. This multi-stakeholder process is to be encouraged,
although the Special Rapporteur considers that adherence to principles should not be
considered voluntary. All extractive companies and relevant State authorities should
become aware of and adhere to the Voluntary Principles along with all applicable human
rights standards.
2.
Freedom from undue pressures to accept extractive projects or engage in
consultations
24.
Apart from concerns over abusive use of force or direct reprisals, indigenous peoples
should be free from pressure from State or extractive company agents to compel them to
accept extractive projects. To this end, basic services for which the State is responsible,
including for education, health and infrastructure, should not be conditioned upon
acceptance of extractive projects. Furthermore, States and companies should guard against
acts of manipulation or intimidation of indigenous leaders by State or company agents.
25.
Finally, States should not insist, or allow companies to insist, that indigenous
peoples engage in consultations about proposed extractive projects to which they have
clearly expressed opposition. As is now well understood, States have the obligation to
consult with indigenous peoples about decisions that affect them, including decisions about
extractive projects. In complying with this obligation States are required to make available
to indigenous peoples adequate consultation procedures that comply with international
standards and to reasonably encourage indigenous peoples to engage in the procedures.
(See paras. 58-71 below). In the view of the Special Rapporteur, however, when States
make such efforts to consult about projects and, for their part, the indigenous peoples
concerned unambiguously oppose the proposed projects and decline to engage in
consultations, as has happened in several countries, the States’ obligation to consult is
discharged. In such cases, neither States nor companies need or should insist on
consultations, while, at the same time, they must understand that the situation is one in
which indigenous peoples have affirmatively withheld their consent. The question then
becomes what consequences for decisions about the project follow from the indigenous
opposition and withholding of consent.
B.
The principle of free, prior and informed consent
26.
Beyond being protected expression, indigenous peoples’ opposition to extractive
projects can have determinative consequences, in the light of the principle of free, prior and
informed consent, a principal that is articulated in several provisions of the United Nations
Declaration on the Rights of Indigenous Peoples and that is gaining increasing acceptance
in practice.12
12
8
The Special Rapporteur has already devoted considerable attention to examining the contours of this
principle and its relation to the duty of States to consult with indigenous peoples on decisions affecting
them. See, for example, A/HRC/12/34, paras. 36-57; and A/HRC/21/47, paras. 47-53 and 62-71.