A/73/176
I. Introduction
1.
The present report is submitted to the General Assembly by the Special
Rapporteur on the rights of indigenous peoples pursuant to her mandate under Human
Rights Council resolution 33/12.
2.
In the report, the Special Rapporteur first provides a summary of her activities
since her previous report to the Assembly (A/72/186), then introduces the theme,
“Indigenous peoples and self-governance”, in particular as it relates to the
achievement of sustainable development. The Special Rapporteur intends to devote a
future thematic report to the issue of indigenous governance systems, to identify and
promote best practices and provide Member States with relevant recommendations.
II. Activities of the Special Rapporteur in 2017 and 2018
3.
As part of her mandate, the Special Rapporteur has engaged in a number of
activities, with the aim being (a) to conduct thematic studies; (b) to conduct country
visits; (c) to communicate with Governments and other actors on alleged violations
of the rights of indigenous peoples; and (d) to promote good practices. Some of the
focus areas addressed and activities carried out by the Special Rapporteur during the
past year are highlighted below.
A.
Attacks against and criminalization of indigenous peoples
4.
In recent years, there has been a worrying escalation in the criminalization and
harassment of, and attacks and threats against, indigenous peoples who have been
defending their rights to protect their lands, territories and resources. Violations
increasingly arise when indigenous leaders and community members voice concerns
over extractive and investment projects, such as mining, agribusiness or hydroelectric
dams. Such projects are commonly developed without consultations or the free, prior
and informed consent of the peoples whose lands, territories and natural resources are
affected. Intensified competition over natural resources has placed indigenous
communities seeking to protect their traditional lands at the forefront of conflict, as
targets of persecution.
5.
The Special Rapporteur therefore dedicated her thematic report to the Human
Rights Council at its thirty-ninth session (A/HRC/39/17) to an analysis of those
concerns, through the optic of indigenous peoples’ rights. The report specifically
analyses the individual and collective impacts on indigenous peoples and the need to
develop collective prevention and protection measures. In order to consult a broa d
range of actors during the preparation of the report, the Special Rapporteur issued a
public call for input on the subject, resulting in over 70 written submissions, and
convened consultations in Geneva and New York in March and April 2018.
B.
Consultation and free, prior and informed consent
6.
The Special Rapporteur continues to receive reports from indigenous peoples
with allegations on the violation of their rights to consultation and to free, prior and
informed consent. She has also had the opportunity to hear the views of States and
the private sector on the need to regulate those rights, for the sake of legal clarity, and
has received requests from various actors to provide commentaries and technical
advice.
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