A/HRC/41/54
to produce goods for the world market and to serve the purposes and needs of capitalism”.32
Not only did colonial extractivism plunder colonial territories and racially stratify labour
globally, but it also forced territories of extraction into political and economic
subordination to colonial nations (and, in the case of Latin America especially,
subordination also to the Catholic Church).33
27.
During the colonial period, corporations – State-owned and otherwise – played a
crucial role in establishing and maintaining colonial extractivism, and generally (though not
invariably) derived great profit from it. For example, in 1511, Portugal was the first
European power to establish a bridgehead in the trade market after the conquest of the
Sultanate of Malacca. In the 1500s, Spain colonized the Philippines; and, in 1619, the
Netherlands, acting through the Dutch East India Company, captured Sunda Kelapa
(present-day Jakarta) for the purposes of trade and further colonial expansion. Later, in
1641, the Dutch took Malacca from the Portuguese. These acts set in motion a long history
of colonization in South-East Asia.
28.
International legal doctrines were central to embedding racial inequality and
subordination into the colonial extractivism economy. International law denied sovereignty
to colonized peoples and it did so on a racial basis. Indeed, sovereignty doctrine in the
nineteenth century “is a history of the processes by which European states, by developing a
complex vocabulary of cultural and racial discrimination, set about establishing and
presiding over a system of authority by which they could develop the powers to determine
who is and is not sovereign”.34 The doctrine of discovery, which has been a subject of
analysis by special procedures mandate holders, also offers an example of international
legal doctrine that was pivotal for indigenous land dispossession and extractivism in
colonial territories (see E/C.19/2014/3).
IV. Global structural racial inequality and the contemporary
extractivism economy
Applicable equality framework
29.
The Declaration on the Granting of Independence to Colonial Countries and Peoples
is among the important statements that Member States have made to repudiate colonialism.
In its first two articles, the General Assembly declares the following important principles of
decolonization: the subjection of peoples to alien subjugation, domination and exploitation
constitutes a denial of fundamental human rights, is contrary to the Charter of the United
Nations and is an impediment to the promotion of world peace and cooperation; all peoples
have the right to self-determination; and by virtue of that right they freely determine their
political status and freely pursue their economic, social and cultural development.
30.
The two treaties at the foundation of the international human rights system – the
International Covenant on Civil and Political Rights and the International Covenant on
Economic, Social and Cultural Rights – both begin (in art. 1) by enshrining the equal right
to self-determination of peoples, the equal rights of all peoples freely to dispose of their
natural wealth and resources, the equal rights of all peoples not to be deprived of their
respective means of subsistence, and the obligations of all States parties to promote and
respect the realization of the right to self-determination. In the Declaration on the Right to
Development, the General Assembly explains (in art. 1 (2)) that the right of peoples to selfdetermination includes the exercise of their inalienable right to full sovereignty over all
their natural wealth and resources. It further articulates the following duties of great
importance in the context of extractivism: States have the duty to cooperate with each other
in ensuring development and eliminating obstacles to development. States should realize
their rights and fulfil their duties in such a manner as to promote a new international
32
33
34
8
Ibid., p. 550.
Brand, Dietz and Lang, “Neo-extractivism in Latin America”, p. 137.
Antony Anghie, Imperialism, Sovereignty and the Making of International Law (Cambridge, United
Kingdom, Cambridge University Press, 2012), p. 100.