A/66/288
indigenous territories to collect
recommendations on the issue.
1.
and
understand
views,
concerns
and
Preliminary assessment of the responses to the questionnaire
104. The views communicated by indigenous peoples, Governments, businesses and
other relevant stakeholders concerning the development of projects for extracting
natural resources and energy-related projects in indigenous territories reveal that,
despite a growing awareness of the need to respect the rights of indigenous peoples,
many problems still remain. The responses of indigenous peoples’ organizations and
representatives, Governments and corporations reflect a clear understanding of the
negative, even catastrophic, impact on the economic, social and cultural rights of
indigenous peoples caused by irresponsible or negligent projects that have been or
are being implemented in indigenous territories without proper guarantees or the
involvement of the peoples concerned.
105. In addition, while many Governments are committed to and have demonstrated
an awareness of the need to protect the rights of indigenous peoples, the responses
to the questionnaire received by the Special Rapporteur from States, coupled with
those received from other sources, also reflect a lack of consensus with regard to the
extent of a State’s duties concerning resource extraction and development projects
and the means of ensuring such protection. In several responses, particularly those
received from businesses, it was pointed out that Governments tend to distance
themselves from the implementation of the outcomes of consultation procedures and
other measures to safeguard the rights of indigenous peoples in the context of
extractive operations and to act as mere regulators. The fact that States tended to
delegate their protective role to business enterprises was repeatedly pointed out as a
matter of concern, particularly in cases in which the State’s regulatory frameworks
regarding indigenous rights, including in relation to the protection of lands and
resources, consultation and benefit-sharing, are insufficient or do not exist.
106. Another significant area that elicited divergent responses concerned the
balance of costs and benefits of extractive development projects. Although
responders were aware of the negative impact that extractive activities had had on
the lives of indigenous peoples in the past, they expressed widely divergent
perspectives about the incidence and value of actual or potential benefits from
extractive industries, especially with regard to the future. In their responses to the
Special Rapporteur’s questionnaire, many Governments underscored the key
importance of such activities for their economies. Many businesses shared the view
that indigenous peoples could benefit from the activities of extractive industries.
107. For their part, indigenous peoples expressed considerable scepticism and, in
many cases, outright rejection of the possibility of benefiting from extractive or
development projects in their traditional territories. The vast majority of indigenous
peoples, many of whom had direct experience of specific projects affecting their
territories and communities, emphasized in their responses a perception of
disenfranchisement, the impression that States and businesses were ignorant of the
rights and concerns of indigenous peoples and constant insecurity in terms of their
livelihoods in the face of encroaching extractive activities. These perceptions have
led indigenous peoples to see no positive impact from these operations, which are
seen more as a top-down imposition of decisions taken in collusion by the State and
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