A/HRC/27/52/Add.3
resources other than those of the resident indigenous peoples are permitted.53 Despite this
overall prohibition, however, an exception is allowed in the case of “a natural resource
which is exploitable and the development of which is of public necessity for the State”.54
64.
In such exceptional cases, the sectoral authority responsible will request a technical
opinion from the competent authority, which will then issue recommendations and will
coordinate the necessary protection measures for the indigenous peoples in a situation of
isolation or initial contact.55 The Office of the Deputy Minister of Intercultural Relations is
the competent authority in charge of coordinating measures at government level to protect
the rights of indigenous peoples in a situation of isolation or initial contact in the areas of
health, land and natural resources. The Office of the Deputy Minister is currently in the
process of strengthening its capacity in this respect, with the creation of an attached
Directorate of Indigenous Peoples in a Situation of Isolation or Initial Contact.
65.
The case of the Camisea project illustrates the challenges that arise when extractive
activities are undertaken on the traditional territories of indigenous peoples in a situation of
isolation or initial contact. The Camisea project includes a programme for the exploitation
of natural gas in Block 88, the greater part of which overlaps with the reservation
established for the Kugapakori, Nahua, Nanti and other peoples. The Special Rapporteur
has put forward specific comments and recommendations in connection with the plan to
expand extractive activities in Block 88, which are shown in the appendix to this report.
66.
At the same time, it should be remembered that the terms “isolation” and “initial
contact” used by the Government and the defenders of indigenous peoples refer to a variety
of indigenous groups that entertain different sorts of relations with the surrounding majority
society, ranging from groups in situations of no contact at all to groups in evolving
situations of growing contact. In the course of his visit, the Special Rapporteur called at
Santa Rosa de Serjali, a Nahua community identified as a population in a situation of initial
contact within the reservation of Kugapakori, Nahua, Nanti and other peoples. He was
received by an assembly of the community, which was attended by many leaders and
members of the community — men, women and young people — who expressed the wish
to receive better services from the Government, especially in the areas of health and
education, to be given greater opportunities for development and to participate in all
decisions that affect them.
67.
These views, which are evidently not to be confused with the feelings of the isolated
groups that refuse all contact, indicate a need to adapt the protection system to the specific
circumstances of the different groups that inhabit the reservation. In this respect, there is
clearly a need to review the Government’s regulatory restrictions, which have limited both
the supply of State services for indigenous peoples in situations of initial contact and the
consultations with those peoples on the subject of extractive activities that might affect
them.
68.
Five territorial reservations have at present been created for the protection of
indigenous peoples in a situation of isolation or initial contact. In June 2013, the
Multisectoral Commission in charge of preparing studies for the establishment of
reservations for indigenous peoples in a situation of isolation or initial contact had
recommended setting up five additional indigenous reservations for indigenous peoples in a
situation of isolation or initial contact.
53
54
55
GE.14-07246
Ibid, art. 5 (a).
Ibid, art. 5 (c).
Supreme Decree No. 008/07/MIMDES, Implementing Regulations of Act No. 28736, art. 35.
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