A/HRC/18/35
understanding of indigenous peoples’ rights that is effective and practicable within the
domestic policy frameworks and business practices in which these projects are
implemented.
80.
Many debates will ensue, and are surely required, concerning the existing extractive
model and its broader social and environmental impact. In the meantime, indigenous
peoples will continue to be vulnerable to human rights abuse, which erodes the basis of
their self-determination and, in some cases, endangers their very existence as distinct
peoples. In this connection, the Special Rapporteur fully adheres to the kind of “principled
pragmatism” assumed by the Special Representative of the Secretary-General on human
rights and transnational corporations and other business enterprises: “an unflinching
commitment to the principle of strengthening the promotion and protection of human rights
as it relates to business, coupled with a pragmatic attachment to what works best in creating
change where it matters most – in the daily lives of people.”14
IV. Conclusions and recommendations
81.
The Special Rapporteur gratefully acknowledges the continuous support of
States, indigenous peoples, international organizations and bodies, business
enterprises and other civil society actors in fulfilling his mandate. In particular, he
expresses his gratitude to the reaffirmation of the trust vested in him by the Human
Rights Council, as shown by the renewal of his mandate in May 2011 for an additional
period of three years.
82.
On the basis of the experience gained during the first term of his mandate, the
Special Rapporteur has come to identity natural resource extraction and other major
development projects in or near indigenous territories as one of the most significant
sources of abuse of the rights of indigenous peoples worldwide. In its prevailing form,
the model for advancing with natural resource extraction within the territories of
indigenous peoples appears to run counter to the self-determination of indigenous
peoples in the political, social and economic spheres.
83.
The many responses received from Governments, indigenous peoples and
organizations, business corporations and other actors to the questionnaire distributed
by the Special Rapporteur in 2011 point to a state of shared awareness and concern
about the past negative effects of extractive operations for indigenous peoples in many
situations, in the light of the particular attachment of indigenous peoples to their
traditional lands, territories and natural resources. However, the responses to the
questionnaire also provide a strong indication of the existence of conflicting points of
view concerning the potential adverse impact and benefits of extractive or
development projects in indigenous territories; the practical implications in this
context of international standards affirming the rights of indigenous peoples, and the
kind of measures required to fulfil the responsibilities of States, corporate actors and
indigenous peoples themselves.
84.
In this connection, while the existing problems and challenges ahead are
significant and complex, the Special Rapporteur is encouraged by what he perceives
to be a growing degree of awareness and assumption of responsibility on the part of
States and corporate actors. This growing awareness opens a historical opportunity
for advancing towards a common normative understanding and the
operationalization of indigenous peoples’ rights and related institutional safeguards in
the context of natural resource extraction and development projects in indigenous
territories. This process would not only contribute to enhanced implementation of the
14
18
E/CN.4/2006/97, para. 81.