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
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