E/CN.4/2003/90 page 23 high-priority project for regional integration and development, there are as yet no institutional and legal mechanisms in place for the effective protection of the human rights of the indigenous peoples of the area designed to offset the potential risks and threats to these peoples that the implementation of the Plan implies, nor are there as yet any effective mechanisms to ensure the full and informed participation of these peoples in the design, planning, execution and evaluation of the numerous specific projects foreseen in the Plan that may have considerable impact on the region’s indigenous communities. He calls on the international financing agencies, the international and national business community and the region’s governments to attach the highest priorities to the needs and concerns of the indigenous peoples in this matter, recalls the principles of a human-rights centred development approach and calls their attention to the declaration of the World Summit on Sustainable Development about the vital role of the indigenous peoples in sustainable development. IV. CONCLUSIONS AND RECOMMENDATIONS 66. The issue of extractive resource development and human rights involves a relationship between indigenous peoples, Governments and the private sector which must be based on the full recognition of indigenous peoples’ rights to their lands, territories and natural resources, which in turn implies the exercise of their right to self-determination.73 Sustainable development is essential for the survival and future of indigenous peoples, whose right to development means the right to determine their own pace of change, consistent with their own vision of development, including their right to say no. Free, prior, informed consent is essential for the human rights of indigenous peoples in relation to major development projects, and this should involve ensuring mutually acceptable benefit sharing, and mutually acceptable independent mechanisms for resolving disputes between the parties involved, including the private sector.74 67. To the extent that international financial institutions such as the World Bank play a vital role in facilitating major development projects by providing various forms of financial support, the current revision of the World Bank’s policy regarding indigenous peoples is of major importance. The Bank has a specific policy on indigenous peoples designed to ensure that “World Bank-financed development projects do not have adverse impacts on indigenous peoples, and that project benefits are tailored to the specific needs of indigenous peoples.”75 But some indigenous consultants argue that “the draft policy fails to uphold international human rights standards applicable to indigenous peoples” and insist particularly on the collective rights of indigenous peoples to their customary land and territories.76 The Special Rapporteur recommends that the new Bank policy on indigenous peoples should strictly adhere to all existing and evolving international indigenous human rights standards. 68. Any single major development project in indigenous areas may have either direct or indirect positive and negative effects on - or both - indigenous peoples and communities. Under pressure from Governments and NGOs, some business enterprises may undertake special efforts to improve the management of the surrounding environment, as well as to provide compensation, employment and/or social services (such as housing, schools, medical care, utilities) to the affected communities. Unfortunately, as we learn from indigenous organizations and research reports, these companies appear to be in the

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