A/HRC/18/35
50.
Business respondents and indigenous peoples noted that difficulties can arise even
when domestic legal and policy standards exist, because Governments often lack the
political will to implement those standards, and rather pass the responsibility on to
companies and indigenous peoples. From a business perspective, this creates uncertainty
and leads to additional business costs, beyond securing official permits and other
administrative requirements. A number of business respondents observed the need to enter
into agreements with local indigenous communities prior to launching their operations as a
means of preventing future problems.
51.
Additionally, information provided suggested that a lack of coordination and
institutional capacity leads to insufficient operational oversight of extractive industries by
States. Respondents, including Governments, observed that State institutions responsible
for indigenous affairs or other relevant State institutions often worked with limited
institutional and budgetary resources, resulting in limited or no oversight of extractive
operations.
5.
The question of tangible benefits
52.
Contrasting perspectives exist with regard to the benefits of extractive operations.
Various Governments and companies identified benefits to indigenous peoples resulting
from natural resource extraction projects, while, in general, indigenous peoples and
organizations reported that benefits were limited in scope and did not make up for the
problems associated with these projects.
53.
Several Governments highlighted the key importance of natural resource extraction
projects for their domestic economies that, in a number of countries, reportedly account for
up to 60 to 70 per cent of GNP. Governments also indicated that extractive projects have
positive benefits for indigenous peoples and others in the regions where they operate.
Responses highlighted the fact that significant proportions of State royalties and other
revenues from extractive operations are assigned to regional or local government structures
(as indicated in the response from Peru), to regional development funds (for example, in the
Ecuadorian Amazon region) or, more exceptionally, to indigenous organizations (for
example, in Bolivia (Plurinational State of)). In particular, the Government of Bolivia
(Plurinational State of) highlighted a scheme intended to benefit indigenous peoples by
allocating a significant percentage of hydrocarbon taxes either directly to the country’s
main indigenous organizations or to the Fondo de Desarrollo para los Pueblos Indígenas
Originarios y Comunidades Campesinas (a development fund for indigenous peoples and
farm worker communities). Job opportunities were also commonly cited as a direct benefit
derived from extractive operations in indigenous territories.
54.
A number of mining companies noted that indigenous peoples had been direct
beneficiaries of basic infrastructure construction required for their operations in remote
areas, including the construction of roads, improvements in communications and the
delivery of electricity and water services. They also cited social benefits derived from
resource extraction projects, such as health and educational opportunities in underserved
areas or capacity-building programmes that support indigenous organizations and local
governments. At times, these initiatives are part of broader social corporate responsibility
policies aimed at attaining a “social license” to operate.
55.
Yet contrasting perspectives with regard to benefits reflect different cultural
orientations within the development context. Most indigenous peoples and organization
responses underscored the adverse effects on their environment, culture and societies,
which they said outweighed the minimal or short-term benefits arising out of extractive
operations. In this connection, a member of the Pemon people of Venezuela (Bolivarian
Republic of) reported that benefits from extractive industries were not a top priority within
the community; rather, the group sought “healthy communities, with no infections, in a
pollution-free environment”. Similarly, an organization representing the traditional
authorities of the Cofan people of Colombia concluded that, in present circumstances,
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