A/HRC/33/42/Add.1 (d) Ensure that all courts have a clear and uniform interpretation of the limitations of the Raposa-Serra do Sol ruling and its inapplicability to the issuance of eviction orders for indigenous peoples or the halting of demarcation procedures. The Federal Supreme Court should continue to accept requests for the suspension of eviction orders and ensure that future rulings concerning indigenous peoples’ rights are fully consistent with national and international human rights standards. Self-determination, the duty to consult and free, prior and informed consent 98. The Special Rapporteur recommends that the Government: (a) In collaboration with representatives of indigenous peoples and in accordance with their right to self-determination, develop a national action plan for the implementation of the United Nations Declaration on the Rights of Indigenous Peoples in keeping with Brazil’s commitment at the World Conference on Indigenous Peoples;19 (b) Implement the State duty to consult indigenous peoples in relation to projects, policies and legislative and administrative measures that have an impact on their rights. Such consultations should be conducted to see their free, prior and informed consent in a manner that takes into account the specificities of each indigenous people, as affirmed in ILO Convention No. 169, the United Nations Declaration on the Rights of Indigenous Peoples and the Organization of American States draft American Declaration on the Rights of Indigenous Peoples. In the case of development projects, consultations should be informed by independent and participatory environmental, social and human rights impact assessments; (c) Acknowledge and support the proactive measures taken by indigenous peoples to realize their rights, including their right to self-determination. This includes observing and responding to consultation and consent protocols developed by indigenous peoples in the context of the State duty to consult;20 (d) Ensure full respect for the rights of indigenous peoples in voluntary isolation in accordance with the United Nations Declaration on the Rights of Indigenous Peoples and the draft guidelines on their protection.21 Impacts of development projects 99. The Special rapporteur recommends that the Government: (a) Adopt measures to redress the impacts and consequences of mining activities, agribusiness expansion and other large-scale development projects on indigenous peoples’ health, lands, cultures and way of life, including their social and economic forms of organization. These measures should also address the secondary impacts of such projects, which are often associated with speculation and the entry of third parties as a result of increased ease of access to indigenous lands; (b) In the light of the allegations of ethnocide in the Belo Monte case brought by the Public Prosecutor, extreme caution should be exercised in relation to the Belo Sun mining and the Tapajós dam projects. These projects should not be considered if the potential for similar impacts exists or if the indigenous peoples concerned withhold their free, prior and informed consent following the conduct of 19 20 21 See General Assembly resolution 69/2, para. 8 See the protocols developed by the Wajãpi in Amapá and the Munduruku in Pará. See A/HRC/EMRIP/2009/6. 21

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