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corporations to protect their own interests than the result of negotiated decisions
with their communities.
2.
Proposed future plan of work of the Special Rapporteur
108. In the view of the Special Rapporteur, the lack of understanding of key issues
among all actors concerned is a major barrier to the effective protection and
realization of indigenous peoples’ rights in the context of extractive development
projects. That, coupled with the existence of numerous grey conceptual and legal
areas, has invariably proved to be a source of social conflict. Comparative
experiences provide ample examples of the eruption and escalation of such conflicts
and the ensuing radicalization of positions. Where social conflicts erupt in
connection with extractive or development plans in indigenous territories,
everybody loses.
109. The responses to the Special Rapporteur’s questionnaire demonstrate the need
for change in the currents state of affairs if indigenous rights standards are to have a
meaningful effect on State and corporate policies and action as they relate to
indigenous peoples. An initial step towards such change would be the establishment
of a common understanding among indigenous peoples, governmental actors,
businesses enterprises and others. The Special Rapporteur is conscious of the
complexities inherent in any effort to harmonize the various interests involved, as
well as of the difficulties of bridging the contrasting viewpoints that currently exist.
110. However, the Special Rapporteur is persuaded of the need to reach a common
understanding of the content and scope of the rights of indigenous peoples and of
the implications of those rights for the future desirability or viability of extractive
industry activities in or near indigenous territories, the nature of the responsibility
of States to protect indigenous peoples’ rights in this context, the actual or potential
impact of extractive industries (both positive and negative) and related matters.
Without such understanding, the application of indigenous rights standards will
continue to be contested, indigenous peoples will continue to be vulnerable to
serious abuses of their individual and collective human rights and extractive
activities that affect indigenous peoples will continue to face serious social and
economic problems.
111. The Special Rapporteur is committed, during the second term of his mandate,
to working in coordination with other mechanisms, in particular the Expert
Mechanism on the Rights of Indigenous Peoples of the Human Rights Council, to
develop concrete and practical recommendations, elaborating on the implications of
existing human rights standards, to help States, businesses and indigenous peoples
navigate the difficult issues that arise when extractive industries operate in or near
indigenous territories.
V. Conclusion
112. The Special Rapporteur reaffirms his strong commitment to the mandate
he holds, acknowledges with humility the responsibility it represents and
thanks all those who have supported and continue to support him in this role.
In particular, he gratefully acknowledges the trust that has been conferred
upon him by the Human Rights Council and thanks OHCHR and its staff for
their committed assistance. He also thanks the staff and affiliated researchers
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