A/HRC/24/41/Add.3
military and security forces are alleged to use force and intimidation against indigenous
peoples who opposed hydroelectric projects, and at times such opposition has led to an
eruption of violence between protestors and security and military forces.
18.
As is the case with mining and hydroelectric projects, recent years have seen a rapid
growth in biofuel, sugar cane, rubber and timber plantations in indigenous peoples’
territories in a number of Asian countries. Plantations cover millions of hectares of land
throughout the region, significant portions of which are in indigenous peoples’ territories.
The Special Rapporteur received information that, in some jurisdictions, communal titles
are reportedly provided to indigenous communities with the intent of facilitating oil palm
plantations, rather than facilitating the pursuit of development models chosen by indigenous
peoples themselves. Major social and cultural impacts of plantations were also raised as a
matter of concern. Furthermore, a concern exists around the extent of the migration into
indigenous territories that is necessary to operate the plantations. In many cases brought to
the attention of the Special Rapporteur, the presence of police, military and private security
in relation to plantation projects was associated with a climate of intimidation and
allegations of widespread abuses.
19.
The Special Rapporteur received information about inadequate or absent
consultation and consent procedures in relation to all kinds of development projects.
Consultations that are conducted are described as ranging from exercises in intimidation to
mere information provision, or as efforts to convince peoples to accept projects rather than
opportunities to make informed decisions. The Special Rapporteur also received
information that consultation and consent procedures are often highly abbreviated processes
and, in some jurisdictions, the imposition of bureaucratic rules and time frames
incompatible with indigenous decision-making processes have rendered consultation and
consent procedures largely ineffective. Further, even where agreements have been reached,
the agreements are said to provide inadequate protection for indigenous peoples’ underlying
substantive rights, especially rights to lands and resources.
20.
Meeting participants also highlighted as a matter of concern that inadequate and
inappropriate compensation and remedial measures are available to indigenous peoples
affected by extractive operations. Where compensation has been awarded for negative
impacts on indigenous peoples, it has often allegedly been limited to financial awards rather
than restitution of lands. In addition, consultation and consent-seeking processes are often
conducted by multinational companies that implement projects, and indigenous
representatives at the consultation with the Special Rapporteur suggested that the
Governments of the countries that are home to these companies need to ensure that those
companies are not complicit in rights violations. Finally, constitutional or legislative
frameworks that recognize indigenous peoples’ participatory rights are, according to the
information received, frequently subordinated to legislation facilitating resource
development.
B.
Conflict, peace and physical security in indigenous territories
21.
During the consultation, indigenous participants from a number of countries cited
the militarization of indigenous peoples’ territories as one of the major challenges to the
realization of their rights. Low-scale protracted conflict has persisted for decades in some
countries and continues to affect indigenous peoples, and in other countries, even where
conflict has formally ended, military presence in indigenous areas continues. According to
the information raised at the consultation, in some States the term “indigenous” or “tribal”
has become synonymous with separatist movements among security forces and the police.
Another allegation is that indigenous peoples, as well as the human rights organizations
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