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