A/HRC/21/52
20.
Grand Chief John, Chairperson of the Permanent Forum on Indigenous Issues,
outlined the recommendations of the Permanent Forum relating to the World Conference
contained in the report on its eleventh session.3
21.
Ms. Lasimbang and the Chairperson-Rapporteur expressed concern that State
representatives from Asia or Africa did not make statements concerning the agenda item.
22.
Mr. Morales Morales noted that 2014 would also mark the end of the Second
International Decade of the World’s Indigenous People, and the Chairperson-Rapporteur
called for the establishment of a Third International Decade. In Mr. Morales’ view, the
World Conference should take place over three days.
23.
Mr. Henriksen expressed his gratitude for observers’ and experts’ views and
suggestions, noting that they would be considered in future consultations. He assured
observers that he and his co-facilitator, Ambassador Luís Alfonso de Alba of the Permanent
Mission of Mexico to the United Nations in New York, were open to further
communications.
V. Follow-up to thematic studies and advice
24.
Mr. Morales Morales, in introducing the Expert Mechanism’s follow-up report on
indigenous peoples and the right to participate in decision-making, with a focus on
extractive industries, highlighted the duty to ensure free, prior and informed consent and the
permanent sovereignty of indigenous peoples over natural resources.
25.
The Chairperson-Rapporteur provided a brief summary of the conference room
paper prepared by the Expert Mechanism entitled, “Comment on the Human Rights
Council’s Guiding Principles on Business and Human Rights as related to indigenous
peoples and the right to participate in decision-making with a focus on extractive
Industries” (A/HRC/EMRIP/2012/CRP.1). The Chairperson-Rapporteur noted the
importance of ongoing and future collaboration between the Working Group on the issue of
human rights and transnational corporations and other business enterprises, the Special
Rapporteur on the rights of indigenous peoples, the Permanent Forum on Indigenous Issues
and the Expert Mechanism to promote the effective implementation of the United Nations
Declaration on the Rights of Indigenous Peoples in relation to the Guiding Principles on
Business and Human Rights.
26.
Observers noted that the follow-up report on indigenous peoples and the right to
participate in decision-making, with a focus on extractive industries provided an important
opportunity for engagement on one of the most pressing issues facing indigenous peoples
around the world. Observers also raised concerns that reliance on voluntary compliance by
corporate interests failed to address the power imbalance that typically existed between
indigenous peoples and the proponents of extractive development. Respect for indigenous
peoples’ right to free, prior and informed consent was emphasized as a key component in
the development of improved relations among indigenous peoples, States and extractive
industries, including the right of indigenous peoples to decide not to proceed with resource
development if they so choose.
27.
Some States noted that agreements between indigenous peoples and extractive
companies had been reached in relation to extractive projects, and described different
3
10
See Official Records of the Economic and Social Council, 2012, Supplement No. 23 (E/2012/43E/C.19/2012/13).