A/59/258 depletion of resources necessary for physical and cultural survival, destruction and pollution of the traditional environment, social and community disorganization, long-term negative health and nutritional impacts as well as, in some cases, harassment and violence. The Special Rapporteur therefore calls for the long-term economic, social and cultural effects of major development projects on the livelihood, identity, social organization and well-being of indigenous communities to be included in the assessment of their expected outcomes, and to be closely monitored on an ongoing basis. This process must include analysis of health and nutrition status, migration and resettlement, changes in economic activities, standards of living, as well as cultural transformations and socio-psychological conditions, with special attention given to women and children. It is also essential to respect the right of indigenous peoples to be consulted and give their free, informed and prior consent to any development project having such effects. 21. This is not presently the case in many countries in which such projects are implemented with effects on indigenous peoples and communities that may be characterized as serious violations of their human rights. The second report of the Special Rapporteur details some specific cases. Among other effects, it refers to forced displacements, dramatic changes in the subsistence economy, destruction of the environment, failure to pay promised or negotiated compensation, as well as other consequences that have had a negative impact on the living conditions of indigenous peoples. B. Social organization and local government 22. Since time immemorial, indigenous communities have had their own forms of self-government. During the period of colonization and the expansion of nation States, indigenous peoples were incorporated into State structures, generally against their will, and their forms of local government were modified or adapted to bring them into line with the interests and needs of the State. These situations sparked tensions which often resulted in conflict and violence. Indigenous organizations seek to preserve or regain the right to local (and sometimes regional) self-government, justly considering this right as part of the fundamental freedoms which international law accords to all peoples. 23. Through negotiations and treaties, constitutional reform or special legislation, indigenous peoples have been able in numerous instances to establish agreements with States regarding this right to self-government. In other cases, however, this has not been possible, and national- or regional-level government units still take it upon themselves to administer the affairs of indigenous communities. C. Administration of justice: the conflict between legislation and customary law 24. One of the areas that most clearly illustrates the vulnerable nature of indigenous peoples’ human rights is the administration of justice and the failure to recognize customary indigenous law. The Special Rapporteur therefore focused his third thematic report on the issue of justice and its implications for the human rights of indigenous peoples, with particular emphasis on the operation of judicial institutions and bodies such as courts and tribunals, official registries and land title 8

Select target paragraph3