A/HRC/24/41
include mechanisms for participatory monitoring during the life of the project, as well as
provide for measures to address project closure.
74.
The Special Rapporteur has learned of a number of instances in which indigenous
peoples and companies have agreed to joint mechanisms to measure and address impacts on
natural and cultural resources. Such mechanisms can provide for continual dialogue between
indigenous peoples and companies about project impacts, thereby potentially strengthening
indigenous peoples’ confidence in the projects and helping to build healthy relationships.
2.
Arrangements for genuine partnership and sharing of benefits
75.
The Special Rapporteur has called for models of resource extraction on indigenous
territories that are different from the classical one in which indigenous peoples have little
control over and benefit minimally from the extractive projects. One such alternative
model, discussed in chapter II above and identified as a preferred model, is the one in
which indigenous peoples themselves initiate and engage in resource extraction. For
extractive projects promoted by outside companies or States, other models that are
preferable to the classical one are those based on agreements in which indigenous peoples’
rights are fully protected and indigenous peoples are genuine partners in the projects, both
participating in project decision-making and benefiting as such.
76.
The justification for indigenous peoples to benefit from projects within their
territories within a partnership model should be self-evident: even if they do not, under
domestic law, own the resources to be extracted, they provide access to the resources and
give up alternatives for the future development of their territories by agreeing to the
projects. Direct financial benefits – beyond incidental benefits like jobs or corporate charity
– should accrue to indigenous peoples because of the compensation that is due to them for
the access to their territories and for any agreed-upon adverse project effects,21 as well as
because of the significant social capital they contribute under the totality of historical and
contemporary circumstances. At the same time, while thus being entitled to benefit from
extractive projects carried out by others within their territories, indigenous peoples should
have the option of participating in the management of the extractive projects, in addition to
whatever regulatory control they may exercise, in keeping with their right to selfdetermination.
77.
In this regard, the Special Rapporteur notes a pattern of agreements in some parts of
the world in which indigenous peoples are guaranteed a percentage of profits from the
extractive operation or other income stream and are provided means of participation in
certain management decisions. In some cases the indigenous people concerned is provided
a minority ownership interest in the extractive operation, and through that interest is able to
participate in management decisions and profits from the project. The Special Rapporteur
looks forward to further developments along these lines toward models of genuine
partnership. Also, he notes the need in most cases for indigenous peoples to be assisted in
building their financial and management capacity as they accept such opportunities.
3.
Adequate grievance procedures
78.
Adequate grievance procedures should also be included in agreements for extractive
projects within indigenous peoples’ territories, in accordance with the Guiding Principles
on Business and Human Rights (principles 25-31). In cases in which a private company is
the operator of the extractive project, company grievance procedures should be established
that complement the remedies provided by the State. The grievance procedures should be
21
See Saramaka People (footnote 13 above), paras. 138-140.
19