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.
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