A/HRC/45/34 San Rafael mine case, which included respect for the self-identification of the Xinka people and the need for adequate consultation. 35 29. Dams and large infrastructure projects affecting indigenous peoples’ fundamental rights, and often involving forced displacement, have also been a major concern for the mandate holder. Communications on allegations of human rights violations linked to these projects have been sent to several States, and these cases have also been assessed in mission reports. The Special Rapporteur has stressed the need for any development project to fully respect the rights of indigenous peoples as recognized by international human rights standards. Her comments and recommendations in this regard have been considered in court deliberations and decisions that have called for the halting or modification of these projects. 30. In March 2016 the Special Rapporteur undertook a country visit to Brazil. Her preliminary recommendations signalled her concerns over information received about violations of the rights of the Munduruku indigenous people due to the São Luiz do Tapajós dam project, notably the absence of good faith consultations to obtain their free, prior and informed consent, the failure to demarcate indigenous lands affected by the project, and the inadequate environmental and social impact assessments after political decisions in regard to the dam had been taken. 36 In her report to the Human Rights Council on the visit, the Special Rapporteur expressed her satisfaction at having received information that, following her preliminary recommendations, the Ministry of the Environment had suspended the licensing procedure for the dam project, stating that the project was incompatible with indigenous peoples’ constitutional rights.37 31. In Cambodia, following a communication from the Special Rapporteur in 2017 on the forced relocation of an indigenous community following the operationalization of a dam in Stung Treng Province,38 the Government subsequently allowed the community to register the non-flooded area as indigenous communal land. The registration is being processed. 32. In December 2017, the Special Rapporteur published a press release, in coordination with the Inter-American Commission on Human Rights, expressing concern about a draft law declaring the building of roads in Ucayali Province, Peru, to be of “national interest and priority”, even though they would affect lands of isolated indigenous peoples. 39 The draft law had been questioned by a vice-ministry 40 and other relevant bodies. In spite of the subsequent adoption of the law by the country’s Congress, the Government has recognized the need for respect for indigenous peoples’ rights within the context of implementation of the law.41 33. In July 2016, a federal court in Brazil cancelled the environmental permit of a hugescale Spanish-led tourism project, Cidade Nova Atlântida, on the indigenous lands of the Treembe people. The court quoted the Special Rapporteur’s Brazil country visit report in its decision. 34. The Special Rapporteur has reiterated the importance of ensuring indigenous peoples’ collective rights to lands, territories and natural resources, while expressing her concern with regard to the number of allegations received about the violation of these 35 36 37 38 39 40 41 A/HRC/39/17/Add.3, paras. 12 (regarding the self-identification of the Xinka), 39, 43 and 103 (b) and (c); and see www.business-humanrights.org/es/guatemala-corte-constitucional-confirmasuspensi%C3%B3n-a-mina-el-escobal-de-tahoe-resources-y-pide-se-haga-proceso-de-consulta-alpueblo-xinca. The Special Rapporteur has continued to monitor the implementation of the decision; see GTM 5/2019. A/HRC/33/42/Add.1, paras. 47–54, 63 and 67. Ibid., paras. 53, 68 and 89; and see https://es.mongabay.com/2016/08/hidroelectrica-sao-luiz-dotapajos-licencia-ambiental-denegada and http://archivoes.greenpeace.org/espana/Global/espana/2016/report/bosques/Inundando%20Amazonia.pdf. KHM 2/2017. PER 10/2017. Viceministerio de Interculturalidad. See www.france24.com/es/20190321-peru-carreteras-amazonia-legislacion-ambiental and https://gestion.pe/economia/gobierno-descarta-construccion-carretera-zona-frontera-ucayali-225880noticia. 9

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