A/HRC/18/35 regarding the perceived benefits of resource extraction, resulting in conflict that, at times, erupted into violence. Social conflict appears to be particularly prevalent when economic benefits are transferred directly to individuals or limited jobs are available. Several Governments and companies also cited cases of bribery and corruption of indigenous leaders as areas of concern, although no in-depth reflection on the root causes of these patterns were included in their responses. 38. Submissions by indigenous peoples and non-governmental organizations also reported an escalation of violence by Government and private security forces as a consequence of extractive operations in indigenous territories, especially against indigenous leaders. Furthermore, a general repression of human rights was reported in situations where entire communities had voiced their opposition to extractive operations. In this connection, political instability, violent upheavals and the rise of extremist groups in indigenous areas have also reportedly resulted from the presence of extractive industries in indigenous territories. 39. Numerous questionnaire respondents highlighted the adverse effects that natural resource extraction projects operating in indigenous territories had on important aspects of indigenous culture, such as language and moral values. Additionally, respondents noted that projects had led to the destruction of places of culture and spiritual significance for indigenous peoples, including sacred sites and archaeological ruins. 40. Various respondents, including companies, recognized the need for a “different approach” when dealing with indigenous communities and extractive activities. This could include, for example, the evaluation of community-specific social and cultural effects and the development of community-specific mitigation measures. It was also suggested that cultural awareness training for company employees and subcontractors may be helpful in countering the negative impact on the social and cultural aspects of indigenous communities. 3. Lack of consultation and participation 41. An important cross-section of indigenous peoples, Governments and companies noted that affected indigenous peoples needed to be consulted about and be involved in the operation of natural resource extraction projects that affect them. This need was identified, depending on the identity of the respondent, as both a right affirmed in international and domestic law and a matter of pragmatism: a preventative measure to avoid project opposition and social conflicts that could result in the disruption of project operations. 42. Governments and business respondents provided considerable examples of social conflicts that had resulted from a lack of consultation with indigenous communities, and noted that solutions to these conflicts had invariably entailed opening a dialogue with indigenous peoples and arriving at agreements that addressed, among other issues, reparation for environmental damages and benefit-sharing. 43. Government and private-sector respondents also reported that past negative experiences often frustrated present consultations with indigenous peoples. According to the Mexican National Commission for the Development of Indigenous Peoples, as a result of past experiences, indigenous communities now fear that companies “may enter at any moment”. Lack of prior involvement, labour conflicts, unmitigated environmental damage and unfulfilled promises were identified as reasons why many indigenous communities fear or outright reject current proposals for extractive projects in their territories, even before receiving information on potential new projects or engaging in discussions about possible arrangements in this connection. 44. Several Governments provided the Special Rapporteur with information describing recent domestic legal and policy reforms that specifically relate to the regulation of the State’s duty to consult indigenous peoples regarding extractive industry activities. These reforms have entailed both the drafting of general consultation laws and policies, and 11

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