A/HRC/61/49/Add.1
(h)
Put an end to all acts of reprisal against human rights defenders, including
through transnational repression, make available all information about the fate of
Sombath Somphone, and hold accountable those responsible for his disappearance;
(i)
Ensure that development and nature conservation projects do not
jeopardize the enjoyment of cultural rights; ensure a cultural rights-based approach to
sustainable development, which requires that development processes be culturally
sensitive and culturally appropriate, contextualized to specific cultural environments
and designed to ensure full alignment with the aspirations, customs, traditions, systems
and world views of the individuals and groups most likely to be affected; and ensure
that development processes reflect full respect for, and integrate, the rights of affected
people and communities to participation and to free, prior and informed consent, and
be self-determined and community led;
(j)
Require and ensure that development and nature conservation projects
be designed on the basis of prior human rights impact assessments, including a
thorough analysis regarding cultural rights; in particular, the potential cumulative
impacts of dams, combined with climate change effects, on the cultural sites and
practices, ways of life and living conditions of local communities should be fully
considered and addressed, for example in the context of the Luang Prabang
hydropower project;
(k)
Refrain from the resettlement of villages as a matter of principle,
exploring other possible options to deliver services, in particular in the areas of health,
water and sanitation and education;
(l)
Ensure fair compensation for resettlement when it is carried out; in
particular, the Government should ensure that the repeal of Decree No. 84, on
compensation and resettlement management in development projects (2016), does not
leave people without formal land titles, especially Indigenous Peoples living on their
ancestral customary lands, without full remedy;
(m) Ensure that communities participate in any development or conservation
of nature projects affecting their cultural rights, including any process concerning their
resettlement, and that free, prior and informed consent processes guarantee the consent
of affected communities and allow their full participation in designing solutions; in this
regard, the Government and local authorities should learn from the process carried out
in the Hin Nam No National Park, and:
(i)
Organize continual training of national, regional and local authorities and
of members of local communities on free, prior and informed consent to ensure
effective participation and representation in decision-making;
(ii)
Increase awareness among local communities about their rights under the
free, prior and informed consent framework and the implications of development
and conservation initiatives, empowering them to engage meaningfully;
(iii) Ensure that consultation mechanisms and methodologies allow for
continuous dialogue between local communities and authorities, ensuring that
community concerns are heard and their voices are integrated into development
or conservation strategies;
(iv) Acknowledge and respect the rights of local communities to manage their
land and resources, ensuring that their traditional knowledge and practices are
integrated into conservation efforts;
(v)
Establish systems for monitoring and evaluating the outcomes of free,
prior and informed consent processes to assess their effectiveness and adjust
them based on community feedback;
(vi) Recognize the right of affected communities to oppose projects as a
guarantee to build authentic agreements;
(n)
Ensure that the local authorities, in collaboration with relevant
communities and partners such as the German Agency for International Cooperation,
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