A/HRC/18/35
“indigenous peoples are left with no option other than to try to find something positive for
their communities out of the disaster left behind by the extraction of oil, mineral, and other
resources” in their traditional territories.
B.
Preliminary assessment
56.
The various points of view communicated by indigenous peoples, Governments,
business enterprises and other relevant stakeholders concerning natural resource and energy
extractive development projects in indigenous territories reveal that, despite a growing
awareness of the need to respect the rights of indigenous peoples as an integral part of those
projects, many problems remain.
57.
The responses to the questionnaire confirm the Special Rapporteur’s perception,
derived from the various activities carried out during the first three years of his mandate,
that the implementation of natural resource extraction and other development projects on or
near indigenous territories has become one of the foremost concerns of indigenous peoples
worldwide, and possibly also the most pervasive source of the challenges to the full
exercise of their rights. Together with those of indigenous peoples’ organizations and
representatives, the responses of many Governments and corporations reflect a clear
understanding of the negative and even catastrophic effects on the economic, social and
cultural rights of indigenous peoples due to irresponsible or negligent projects that have
been or are being implemented in indigenous territories without proper guarantees or the
involvement of the peoples concerned.
58.
The growing awareness of the actual or potential negative impact of industry
operations on the rights of indigenous peoples is further marked by an increasing number of
legal regulations and other Government initiatives, as well as by enhanced action by
domestic courts and human rights institutions, which were cited in the responses to the
Special Rapporteur’s questionnaire. Furthermore, this growing awareness is evident in the
development or strengthening by business enterprises of internal human rights safeguards
and even of specific indigenous rights policies.
59.
The United Nations Declaration on the Rights of Indigenous Peoples and the
worldwide endorsement of its principles and directives, the growing empowerment of
indigenous peoples to defend their internationally affirmed human rights and denounce the
violations of these rights, and the lessons learned from the many negative experiences,
within the context of the wider interest of the international community about the impact of
business enterprises on human rights are factors that have surely contributed to this
enhanced state of awareness.
60.
Despite this growing level of awareness, however, the responses to the Special
Rapporteur’s questionnaire also show the lack of a minimum shared understanding about
the basic implications of accepted international standards or about the institutional
arrangements and methodologies required to give them full effect in the context of
extractive or development operations that may affect indigenous peoples. In this
connection, differing or vague understandings persist about the scope and content of
indigenous peoples’ rights and about the degree and nature of the responsibility of the State
to ensure the protection of these rights in the context of extractive industries.
61.
The current global discussion about the impact of business activities on human
rights has reaffirmed that the State has the ultimate international legal responsibility to
respect, protect and fulfil human rights. As much is made clear in the “Protect, Respect and
Remedy” framework proposed by the Special Representative of the Secretary-General on
human rights and transnational corporations and other business enterprises,10 which was
10
14
A/HRC/17/31.