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 8

Select target paragraph3