E/CN.4/2003/90
page 20
endorsement of the dam, but the project continued. The Philippines’ Indigenous Peoples’ Rights
Act provides for free and prior informed consent and enables an indigenous community to
prevent the implementation of any project which affects its ancestral domain in any way by
refusing consent to the project. Though Itogon’s indigenous communities petitioned the
National Commission on Indigenous Peoples to suspend the project because free and prior
informed consent had not been given, the commissioners declined to act on the petition. Thus,
the laws designed to protect the indigenous communities were in fact ignored.67
III. DAMS, DEVELOPMENT AND HUMAN RIGHTS
59.
Lack of space does not allow the Special Rapporteur to report on other cases of
large-scale development projects impacting upon indigenous peoples. The issues involving the
construction of dams are, however, emblematic of the wider picture. Given their importance, the
World Commission on Dams launched extensive studies on the matter, and concludes that:
“Large dams have significantly altered many of the world’s river basins, with disruptive,
lasting and usually involuntary impacts on the livelihoods and socio-cultural foundations
of tens of millions of people living in these regions. The impacts of dam-building on
people and livelihoods - both above and below dams - have been particularly devastating
in Asia, Africa and Latin America, where existing river systems supported local
economies and the cultural way of life of a large population containing diverse
communities.”
60.
Concerning indigenous peoples specifically the Commission’s report states:
“In the Philippines, almost all the larger dam schemes that have been built or proposed
were on the land of the country’s 6-7 million indigenous people. Similarly in India,
40-50% of those displaced by development projects were tribal people, who account for
just 8% of the nation’s 1 billion people. These costs are not balanced by any receipt of
services from dams or by access to the benefits of ancillary services or indirect economic
multipliers in the formal economy.
“… For indigenous peoples and ethnic minorities dam-induced displacement can trigger a
spiral of events that spreads beyond the submergence area. A case in point is the situation
of the 100,000 Chakma people displaced by the Kaptai hydropower dam in the
Chittagong Hill Tracts, Bangladesh. The project submerged two fifths of their cultivable
land; as a consequence, 40,000 Chakma left for India and another 20,000 were supposed
to have moved into Arakan in Burma.
“… The Bayano dam in Panama that forced the indigenous Kuna and Emberá peoples
from their traditional territories resettled them on land that was less fertile and subject to
encroachment by loggers. The Panamanian Government systematically failed to fulfil
agreements made with the affected indigenous people at the time of construction, as well
as commitments negotiated later. Among the violations was the Government’s failure to
compensate adequately for the loss of traditional territories and provide legal titles to the
new lands. What happened in Panama in the 1970s is similar to what has happened in