E/CN.4/2003/90
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The human rights of indigenous peoples and communities must be considered of the
utmost priority when development projects are undertaken in indigenous areas. Governments
should account the human rights of indigenous peoples a crucial factor when considering the
objectives, costs and benefits of any development project in such areas, particularly when major
private or public investments are intended. The potential long-term economic, social and
cultural effects of major development projects on the livelihood, identity, social organization and
well-being of indigenous communities must be taken into account in the assessment of their
expected outcomes, and must be closely monitored on an ongoing basis. Such effects would
include health and nutrition status, migration and resettlement, changes in economic activities,
levels of living, as well as cultural transformations and socio-psychological conditions, with
special attention given to women and children.
The Special Rapporteur recommends that Governments and business enterprises work
closely with indigenous peoples and organizations to seek consensus on development strategies
and projects, and set up adequate institutional mechanisms to handle these issues. Indigenous
organizations should attempt to present their viewpoints publicly on major developments at an
early stage and be prepared to work with Governments, multilateral financing institutions and
private companies to find appropriate solutions to contentious issues. Non-governmental
organizations are urged to support such efforts, particularly as regards the possibility of
preparing and promoting alternative development strategies and projects within a human
rights-centred approach.
Contentious issues between indigenous peoples, Governments and business enterprises
arising in the course of the implementation of major development projects should at all times be
considered within the framework of democratic governance, open dialogue and negotiations, and
should never be handled primarily as a problem of national security or law and order, as that
often leads to military or police action that may violate the human rights of indigenous
communities. International organizations such as development banks and United Nations
agencies in the field should at all times be ready to support indigenous peoples and communities
in making human rights the primary focus of development cooperation involving major
development projects in indigenous areas.
Addendum 1 to this report summarizes the communications on alleged human rights
violations of indigenous peoples received and processed by the Special Rapporteur during the
period since the fifty-eighth session of the Commission.