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with specific projects for which the State has failed to carry out an adequate
consultation with indigenous peoples.
100. Without prejudice to the principle that States bear the main responsibility to
consult, companies must respect the right of indigenous peoples to participate in
decisions affecting them by ensuring adequate mechanisms for consultation and
dialogue. Here, the purpose of consultations with indigenous peoples should be to
seek consensus on key aspects such as identification of the potentially negative
impact of the activities, measures to mitigate and compensate for such impact, and
mechanisms for sharing the benefits derived from the activities.
4.
Impact studies and compensation measures
101. Impact studies and the definition of appropriate measures to compensate for
any negative impact identified are, by definition, related to the consultation process.
In recognition of indigenous peoples’ right to the conservation and protection of
their lands and environments, international standards and practice now require that
social and environmental impact studies be conducted as a specific guarantee for the
protection of indigenous rights, in particular with regard to projects involving
investment in or the development, exploration or extraction of natural resources
likely to affect those rights.
5.
Benefit-sharing
102. Aside from being entitled to compensation for damages or mitigation measures
for negative impacts, indigenous peoples have the right to share in the benefits
arising from activities taking place on their traditional territories, especially in
relation to natural resource development. Companies are bound by their duty to
respect indigenous rights to establish mechanisms that ensure that indigenous
peoples share in the benefits generated by the activities in question. Benefit-sharing
should be regarded as a means of complying with a right, not as a charitable award
or favour granted by the company in order to secure social support for the project or
minimize potential conflicts. Consideration should be given to the development of
benefit-sharing mechanisms that genuinely strengthen the capacity of indigenous
peoples to establish and pursue their own development priorities and that help
indigenous peoples to make their own decision-making mechanisms and institutions
more effective.
D.
Extractive industries operating in or near indigenous territories 4
103. The impact that extractive industries have on indigenous peoples is a subject
of particular concern to the Special Rapporteur. In several country-specific and
special reports, and in his review of particular cases, he has examined various
situations in which extractive industry activities generate effects that infringe upon
indigenous peoples’ rights. The Special Rapporteur aims to contribute to efforts to
clarify and resolve the problems arising from the activities of extractive industries in
relation to indigenous peoples. In 2011 the Special Rapporteur disseminated a
questionnaire on natural resource extraction and development projects in or near
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This section summarizes the report of the Special Rapporteur’s discussion of extractive
industries in A/HRC/18/35.
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