A/HRC/39/17
(b)
A zero-tolerance approach to the killing of and violence against
indigenous human rights defenders must be adopted at the highest level of
Government. All public officials must refrain from stigmatizing indigenous
communities affected by large-scale development projects and those defending their
rights, and recognize that their concerns are legitimate components in a process aimed
at securing sustainable development;
(c)
States should ensure that legislation creates due diligence obligations for
companies registered in their jurisdictions and those of their subsidiaries where there
is a risk of human rights violations against indigenous peoples;
(d)
Addressing criminalization requires a comprehensive review of national
laws, the adoption of laws to ensure due process and the revocation of laws and
criminal procedures that violate the principle of legality and contradict international
obligations. Legislation that criminalizes indigenous livelihoods such as rotational
agriculture, hunting and gathering should be repealed;
(e)
Legislation and policies should be adopted to expressly support the
protection of indigenous defenders and communities. Protection measures should
ensure that both individual and collective protection aspects are addressed in practice,
in close consultation with the indigenous peoples concerned. Indigenous-led protection
initiatives should inform the design of all measures that are adopted by authorities in
favour of indigenous communities at risk;
(f)
In order to address the root causes of attacks and criminalization,
collective land rights of indigenous peoples need to be recognized. This requires, inter
alia, accessible, prompt and effective procedures to adjudicate land titles; the review
of laws on expropriation; adequate mechanisms to resolve land disputes; effective
protection from encroachment, including through early warning systems and on-site
monitoring systems; and the prohibition of forced evictions;
(g)
Law enforcement officials and prosecutors should be trained on human
rights standards and refrain from the criminalization of indigenous peoples who are
peacefully defending their rights to lands and resources;
(h)
In order to implement the right to consultation and to free, prior and
informed consent, such processes need to be based on good faith. It is indispensable
that indigenous peoples be afforded genuine participation and access to information in
a culturally appropriate manner in a language they understand. This requires their
involvement at all phases, including human rights impact assessments, project
planning, implementation and monitoring.
92.
The Special Rapporteur recommends that independent national human rights
institutions closely monitor complaints relating to large-scale development projects
through regular dialogue with and visits to affected indigenous communities at risk of
attacks.
93.
The Special Rapporteur recommends that private companies:
(a)
Exert human rights due diligence in all operations and adopt clear policy
commitments to that effect;
(b)
Perform ongoing human rights impact assessments for all projects, with
the full participation of potentially affected indigenous communities;
(c)
Avoid any acts of defamation which stigmatize indigenous peoples.
94.
The Special Rapporteur recommends that international financial institutions
and donors, as well as State agencies that provide international assistance, should
adopt and implement environmental and social safeguards that are consistent with
human rights obligations, including by:
(a)
Requiring human rights impact assessments of all projects;
(b)
Including specific protections for indigenous peoples;
(c)
Requiring the effective participation of affected indigenous communities;
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