A/73/176
notably between States and indigenous peoples, and on appropriate ways to
operationalize those rights. In many cases, such divergences occur in national
contexts where severe conflicts and violence have occurred in the context of projects
that have been undertaken without good-faith consultations or the free, prior and
informed consent of the indigenous peoples concerned. This, in turn, generates a lack
of trust by indigenous peoples towards legal and other initiatives promoted by
Governments in the area of consultation.
13. In the view of the Special Rapporteur, measures to build trust must be taken
before initiating discussions on a potential consultation law. In this sense, dialogue
should be undertaken between indigenous peoples and State actors about the nature
and content of the relevant international standards, while taking into account
indigenous peoples’ views on how to implement them. The underlying concerns of
indigenous peoples, notably the need for strengthened respect for and protection of
their rights to lands, territories and natural resources, their culture and their
development priorities, must also be addressed. The Special Rapporteur is particularly
concerned about the manner in which the development and discussion of legal
proposals are currently being conducted, as those processes risk becoming new
sources of conflict, which would ultimately increase tensions in already violent
contexts.
C.
Indigenous peoples in isolation and initial contact
14. An issue that requires urgent attention and commitment from the international
community is the extremely vulnerable human rights situation of indigenous peoples
living in isolation and initial contact. Their critical vulnerability arises from several
reasons, including their small populations, health risks due to immunodeficiencies for
common illnesses and the challenges they face in defending their human rights on
their own.
15. With a view to addressing those concerns, the Special Rapporteur convened a
working meeting on international human rights standards on indigenous peoples in
voluntary isolation and initial contact in the Amazon and Gra n Chaco regions. The
meeting, held in Lima on 8 and 9 June 2017, was organized jointly with the
Inter-American Commission on Human Rights, the Regional Office for South
America of the Office of the United Nations High Commissioner for Human Rights
(OHCHR) and the non-governmental organization, International Work Group for
Indigenous Affairs. The findings and conclusions drawn from the event were outlined
in a report submitted to the Human Rights Council at its thirty-ninth session
(A/HRC/39/17/Add.1).
16. OHCHR and the Inter-American Commission on Human Rights have issued
guidelines and special reports outlining the human rights standards applicable to
indigenous peoples in isolation and initial contact. 2 The documents establish
important principles for the survival of these peoples, such as the principle of no
contact as an expression of their right to self-determination, the intangibility of their
territories and the applicability of the precautionary principle, according to which
actions that potentially endanger the health, well-being and other human rights of
indigenous peoples should be avoided.
__________________
2
18-11856
Office of the United Nations High Commissioner for Human Rights (OHCHR), “Directrices de
Protección para los Pueblos Indígenas en Aislamiento y en Contacto Inicial de la Región
Amazónica, el Gran Chaco y la Región Oriental de Paraguay” (Geneva, 2012); and
Inter-American Commission on Human Rights, Indigenous Peoples in Voluntary Isolation and
Initial Contact in the Americas: Recommendations for the Full Respect of Their Human Rights
(2013).
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