A/HRC/24/41/Add.3 customary law and misunderstanding of indigenous conceptions of land and natural resource management are alleged to have led to inconsistent land tenure practices. 13. The Special Rapporteur also received allegations that, in the face of inadequate regulatory frameworks, indigenous peoples’ lands in Asia continue to face a number of threats. Land dispossession by non-indigenous settlers and migrants continues in many countries. The adoption of policies in States promoting individual titles over collective land titles was also raised as an issue in a number of jurisdictions. In addition, the Special Rapporteur received information that, across the Asia region, the dispossession of land is having a profoundly negative impact on indigenous peoples’ social and cultural patterns and means of subsistence. 14. Another matter of growing concern is the manner in which lands that are traditionally occupied by indigenous peoples are officially designated for conservation or tourism. Indigenous participants highlighted that conservation wildlife management legislation empowers Governments to declare lands as conservation areas or limit access to wildlife resources, thereby dispossessing indigenous peoples of their customary lands or impeding their subsistence activities. Those people who remain in, or continue to access, conservation areas for subsistence purposes have been in many instances subjected to criminal prosecution. 2. Extractive, energy and development industries 15. The Special Rapporteur has received, both during the consultation and on an ongoing basis, information about the widespread negative impacts of extractive projects that are implemented in or near indigenous peoples’ territories in places throughout Asia. Such activities represent one of the major challenges to securing indigenous peoples’ rights to land, territories and resources across the region, and in some instances are alleged to pose an imminent threat to their physical and cultural survival. Escalating violations of indigenous peoples’ rights are also associated with the absence of appropriate and effective consultation and oversight processes around the planning, authorization and implementation of mining, dam and plantation projects. 16. The demand for minerals and metals, combined with the liberalization of mining legislation to facilitate foreign direct investment in mineral rich areas, has fuelled an unprecedented expansion in mining, oil and gas projects in indigenous peoples’ territories. The Special Rapporteur was informed of the negative impacts of these projects on a range of rights of indigenous peoples. Mining projects have reportedly resulted in displacement of indigenous peoples, the alienation of their lands, as well as in limitations to access to areas within their traditional territories. There are allegations of widespread health impacts of development projects, including on the reproductive health of women. Furthermore, past and existing exploration and exploitation projects have involved the dumping of tailings into rivers and collapsed tailings dams, resulting in significant negative environmental impacts within indigenous areas. Indigenous groups also cited problems with actions of police, military and security forces in relation to extractive projects. 17. A heightened focus by Governments on hydroelectric power appears to have set in motion developments that are having profound effects on indigenous peoples in several places in Asia. Over time, the construction of major hydroelectric projects has led to massive displacement of indigenous peoples in several countries. On top of this historical legacy of displacement, a series of additional dams involving potential displacement are planned throughout the region. It is alleged that, in many instances, inadequate impact assessments and safeguards have been put in place around hydroelectric projects, and that there is a lack of transparent and reliable information in relation to the projects. Indigenous peoples have called for a review of pending hydroelectric construction projects to ensure compliance with social, environmental and human rights norms and safeguards. Finally, 7

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