A/HRC/41/54
is a mainstay of neo-liberal political economic analysis, and very often a human rights
analysis of political economy, including as it relates to extractivism, adopts more broadly a
colour-blind approach. Human rights analysis, especially in the business and human rights
regime, is often ahistorical and colour-blind. As a result, such analysis fails to challenge the
persisting structures of global racial inequality, which till this day keep formerly colonized
nations and peoples subordinate to the interests of powerful nations. International human
rights law and principles require a substantive approach to racial equality (discussed below
in part IV) and, properly understood, they require rejection of a colour-blind approach to
extractivism, because race, ethnicity, national origin and related categories continue to play
a role in determining the winners and the losers in such an economy.
15.
In her review of the engagement of the Human Rights Council special procedures
with the equality and non-discrimination dimensions of the extractivism economy, the
Special Rapporteur found that the most developed elaboration of human rights norms was
in the context of the rights of indigenous peoples. Among others, the Special Rapporteur on
the rights of indigenous peoples has carried out a vital analysis of how the extractivism
economy subjects indigenous peoples to gross human rights violations on a discriminatory
basis (see, for example, A/HRC/18/35, paras. 30–55; A/HRC/24/41; A/HRC/33/42; and
A/70/301). Other special procedures mandate holders have also conducted significant
human rights analyses of the different dimensions of the extractivism economy (see, for
example, A/HRC/29/25 and A/71/281).
16.
In the present report, the Special Rapporteur builds upon and further develops the
existing human rights analysis by highlighting the racial, ethnic and national origin
discrimination and inequality experienced by, among others, those who may not easily fit
within the working definition of indigenous peoples within the United Nations human
rights system. In order to do so, she develops: (a) a structural racial equality analysis at a
global or international level that highlights the racially subordinating effects of the unequal
distribution of power among States, and between States and transnational corporations (see
part III below); and (b) a more localized racial equality analysis at the national level that
highlights the human rights violations concerning racial discrimination experienced by
communities living directly on or close to the territories of extraction (see part IV below).
17.
Too often within the United Nations human rights system, global structural
inequality rooted in the histories and political economies of colonial and other forms of
imperial subordination receives limited attention. This neglect is at odds with the principles
of equality and non-discrimination that must be at the core of the United Nations system, if
this system is to maintain a commitment to universalism. To neglect the global structures of
inequality and the global systems that promote or permit the consistent exploitation of
certain nations and geographic regions at the expense of others is to endorse an
“international” system that exists largely for the benefit of powerful nations and their
transnational corporations.
18.
As is the case in all contexts, discrimination and inequality within the extractivism
economy is intersectional – it involves multiple intersectional social categories and
structures of domination. The idea of intersectionality seeks to capture both the structural
and dynamic consequences of the interaction between two or more forms of discrimination
or systems of subordination. It specifically addresses the manner in which racism,
patriarchy, economic disadvantage and other discriminatory systems contribute to the
creation of layers of inequality that determine the relative positions of women and men,
races and other groups. Moreover, it addresses the way that specific acts and policies create
obstacles that exist along the intersecting axes, contributing actively to a dynamic of
disempowerment.15
19.
The present report includes an analysis of the gendered nature of racial inequality
and discrimination related to the extractivism economy, which is due in part to the manner
in which patriarchy operates within and through such an economy. In part IV, the Special
Rapporteur describes the unique risks and heightened exposure to racially discriminatory
human rights violations experienced by women all over the world.
15
www.un.org/womenwatch/daw/csw/genrac/report.htm.
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