A/HRC/15/37/Add.5 Lands and natural resources 83. It is essential that the State urgently bring coherence, consistency and certainty to the various laws that concern the rights of indigenous peoples and particularly their access to land and resources. In accordance with international standards, guarantees for indigenous land and resource rights should be legally certain; implemented fully and fairly for all indigenous communities; consistent between federal and regional frameworks; and consistent throughout various legislation dealing with property rights, land leases and auctions, fisheries and forestry administration, national parks and environmental conservation, oil development and regulation of commercial enterprises. 84. Legislated land and resource use guarantees for indigenous people should be able to withstand any future land reform, hunting or fishing law amendments, and any other new laws that affect indigenous communities. Urgent attention should be paid to ensuring proper modifications or revisions to the land code, the federal law on hunting, and other legal provisions that currently contradict or hinder indigenous land and resource rights. Extractive and other industrial activities 85. Additional federal legislation is needed to regulate the interaction between industrial and extractive enterprises and indigenous communities, with a special emphasis on the right of indigenous peoples to be effectively consulted about industrial activities affecting them, and the right to compensation and mitigation measures. The federal legislature should develop standards and models for consultation mechanisms between indigenous peoples and industrial and extractive industries, in accordance with relevant international standards, and should enact a requirement for ethnographic impact assessments and ensure that ecological resources are shared with a view towards their sustainable long-term usefulness. It is essential to note that indigenous peoples’ right to be consulted about decisions that affect them should be protected whenever industrial development affects their communities, even when there is no established territory of traditional nature use or other recognized land use entitlement. 86. In many instances agreements have been concluded for the development of natural resources on or near indigenous lands, bringing some benefits to the indigenous peoples concerned. However, a broader understanding of cooperation is called for: rather than limiting the interaction between extractive industries and indigenous people to compensation agreements, administrators should encourage ownership interest and profit-sharing in extractive industries, when indigenous communities are so inclined. 87. The federal Government should establish reliable methods of monitoring the development of industrial projects, such as the Evenkia Dam, to ensure that indigenous people’s rights to effective consultation, compensation and mitigation measures are fully respected. This is especially crucial for Government-approved projects requiring relocation – an especially intrusive and disruptive measure, which should be implemented only with the free, prior, and informed consent of the indigenous peoples affected. It is essential that the Government authorities and the indigenous community in question agree together on a relocation site, that their land use rights are legally guaranteed, and that they receive all necessary support to be able to establish their new community in a manner they choose. 20 GE.10-14779

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