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resources extracted from their traditional habitats on an industrial scale. If selfdetermination means anything, however, it means the right to choose – and not simply a
binary choice between an existing model of resource extraction that is unattractive or no
extraction at all. In his future work on extractive industries, the Special Rapporteur plans to
examine various models of natural resource extraction in which indigenous peoples have
greater control and benefits than is typically the case under the standard corporate model,
drawing on a review of the experiences of indigenous peoples in various locations.
V. Conclusions
A.
Activities under the mandate
77.
The Special Rapporteur is grateful for the opportunity to continue his work in
accordance with Human Rights Council resolution 15/14, and expresses his gratitude
to all those who have supported and continue to support him in this work.
B.
Violence against indigenous women and girls
78.
A holistic approach to combating violence against indigenous women and girls
requires that both their rights as women and children, and their rights as indigenous
peoples, be advanced. More broadly, the rights enshrined in the United Nations
Declaration on the Rights of Indigenous Peoples, which are designed to remedy the
continuing legacies of discrimination against indigenous peoples, should be advanced
concurrently with programmes that are designed specifically to target violence against
women and girls, to tackle the structural problems affecting indigenous peoples that
contribute to violence against women and girls. Lastly, indigenous self-determination
in particular must be enhanced, along with efforts that are designed to prevent and
punish violence against indigenous women and girls.
C.
Extractive industries
79.
The common focus on consultation and free, prior and informed consent as a
point of departure for discussing the issue of extractive industries in relation to
indigenous peoples is blurring understanding of the relevant human rights framework
by which to understand the issue. A better approach is first to consider the primary
substantive rights of indigenous peoples that may be implicated in natural resource
extraction. These include, in particular, rights to property, culture, religion, health,
physical well-being and to set and pursue their own priorities for development, as part
of their fundamental right to self-determination.
80.
In this connection, consultation and free, prior and informed consent are best
conceptualized as safeguards against measures that may affect indigenous peoples’
rights. Other such safeguards include but are not limited to carrying out prior impact
assessments, the establishment of mitigation measures, benefit-sharing and
compensation for any impacts, in accordance with international standards.
81.
The “protect, respect and remedy” framework, which is incorporated into the
Guiding Principles on Business and Human Rights, should apply to advance the
specific rights of indigenous peoples in the same way as it applies to advance human
rights more generally, when those rights are affected or potentially affected by
business activities, including extractive industries.
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