A/HRC/27/52/Add.3
IX. Conclusions and recommendations
69.
As a result of extractive activities conducted in Peru over a number of years,
various indigenous peoples in the country have suffered a devastating social and
environmental impact, without receiving many benefits from these activities in return.
Consequently, there has been a high level of discontent and mistrust among
indigenous peoples towards the State and the industrial extractive sector, leading to
many protests and clashes.
70.
It may be noted that, despite this negative experience, the indigenous peoples of
Peru have not rejected extractive operations outright, but have stressed the need for
their rights to be respected, including their rights over their traditional territories,
their right to participate at all stages of decision-making related to the extractive
industries which might affect them, as well as their right to obtain benefits and
compensation for activities conducted within their territories.
71.
Peru is making significant efforts to deal with problems arising from the
extraction of natural resources that affect indigenous peoples, such as the
strengthening of environmental legislation, the development of a legal framework for
consultation with indigenous peoples, measures for establishing dialogue forums to
foment social peace in conflict areas, and the establishment of a specific system for the
protection of indigenous communities in a situation of isolation or initial contact.
Nevertheless, greater efforts are needed to ensure that extractive operations are
conducted in a manner that is compatible with the rights of indigenous peoples
through a coordinated and comprehensive effort to meet the concerns of indigenous
peoples and the requirements of social peace.
72.
In the light of the comments made in this report, the Special Rapporteur wishes
to put forward the following recommendations, which are to be considered alongside
the findings and recommendations of his 2013 report on extractive industries and
indigenous peoples (A/HRC/24/41):
• The Government should, through the Office of the President of the Council of
Ministers or other competent body, seek a review of the State’s regulatory and
programming framework related to the protection of the rights of indigenous
peoples in the context of extractive industries. The aim of this review should be
to achieve the necessary legislative, regulatory and programming reforms to
guarantee: the effective recognition and enjoyment of the rights of indigenous
peoples over the lands and natural resources that they occupy or use; the
participation of indigenous peoples in the strategic State planning of the
extraction and development of natural resources; the availability of adequate
consultation procedures related to specific extractive projects, implemented at
all stages of decision-making that might affect the rights of indigenous peoples;
the effectiveness of the protection and safeguard measures to be implemented
by the Government and companies to deal with environmental impacts;
compensation and profit-sharing on fair terms; corporative conduct that
maintains full respect for the rights of indigenous peoples; and effective
mechanisms to redress any infringement of the rights of indigenous peoples in
the context of the extractive industries;
• With respect to projects that have resulted in environmental conditions such as
to endanger the health and well-being of indigenous peoples, including in Block
1-AB, determined measures must be taken to ensure environmental
rehabilitation and to provide the compensation demanded by indigenous
communities for the use or loss of their traditional lands, and for other damage
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