A/HRC/4/32
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utilized by powerful economic consortia, with neither their prior consent nor their participation,
and without the communities securing any of the benefit of that activity. This is currently one of
the most controversial issues involving indigenous people, the State, and private enterprises, and
often also the international financial institutions.
18.
In the countries of South-East Asia, disputes between the State and the indigenous
highland inhabitants over land ownership and control of natural resources persist and usually
have to do with infrastructure works, especially dams, and the creation of new forest reserves.
In these countries, massive evictions of indigenous peoples have occurred or are being
envisaged, including in the area around the Chinese dams on the Upper Mekong and its
tributaries, the Black River project in Viet Nam, the Nam Theun in Laos, and Thai plans for
major infrastructure works in the Chiang Mai region, which threaten to disturb the ecological
balance and affect the right of the indigenous communities concerned to land, cultural integrity,
food and health
19.
The construction of 13 dams on the River Nu in China will entail the displacement of an
estimated 50,000 members of indigenous communities (Nu, Lissu, Tibetans, Yi and Pumi) and
other ethnic minorities. Part of this area, Three Parallel Rivers, has been declared a World
Heritage site by the United Nations Educational, Scientific and Cultural Organization
(UNESCO). In 2006 the World Heritage Committee expressed concern over the possible impact
of the dam construction on the affected communities. These communities claim that they have
not been consulted about these projects as other indigenous border communities in the
Myanmar-Thailand frontier area have been.
20.
The Basic principles and guidelines on development-based evictions and displacement
(E/CN.4/2006/41, annex), proposed in 2006 by Miloon Kothari, Special Rapporteur on adequate
housing, for its possible adoption by the Human Rights Council, defines forced evictions as
violations of human rights, which can only be carried out under exceptional circumstances and in
full accordance with international human rights law. The guidelines propose a series of
guarantees relating to protection of the rights of indigenous people, including a set of preventive
strategies and procedural requirements for both eviction and relocation.
21.
In the Russian Federation, a new Land Code adopted in 2001 permits private land
appropriation, but access to ownership is so mired in red tape as to exclude most indigenous
communities from the process. The same is true of the country’s Water and Forestry Codes.
Central Siberia is currently a vast petroleum, gas, coal and heavy-metal reserve. Russian and
foreign companies are vying for access to subsoil resources in this region and for the right to
build roads and pipelines for transporting fuel and timber to foreign markets. These are the
problems facing the indigenous peoples of, for instance, the Turukhansk, Taimyr and Evenk
districts in Krasnoyarsk Territory.
22.
The establishment of protected areas such as national parks and nature reserves often
involves eviction of indigenous people from large tracts of indigenous lands, the collapse of
traditional forms of land tenure, and their impoverishment, which has led to many social
conflicts. The creation of national parks in Uganda with World Bank support in the early 1990s
caused problems for the indigenous Batwa, who no longer have access to their forest resources
and have been reduced to the status of landless labourers. As a result of the new World Bank