A/70/301 Texaco/Chevron has made several attempts to pursue damages under the bilateral agreement between the United States and Ecuador. Arbitration is ongoing. 10 28. In 2007, the Government of Peru authorized a Canadian mining company, Bear Creek Mining Corporation, to operate the Santa Ana silver mine. Indigenous groups were concerned about the impact on Lake Titicaca and held a series of strikes and blockades. Following that action, and the deaths of six protestors when police fired on mostly indigenous protesters opposing the project, the Government was forced to repeal the mining company’s authorization in 2011. At the same time, the Government gave local indigenous communities the power to approve or deny any mining or drilling operations in the area. The investor is now suing the Government of Peru under the investment chapter of the Canada-Peru free trade agreement and appears likely to claim expropriation of its investment. There are indications that the Government may allow the mine to restart to avoid a costly legal battle. 11 29. Local indigenous peoples in the Plurinational State of Bolivia opposed a mining project in the area of the Mallku Khota because of its impact on sacred lagoons. Following strong social protest and recognition by the Government that the project violated a number of the provisions of the United Nations Declaration on Rights of Indigenous Peoples and the Indigenous and Tribal Peoples Convention (No. 169) of the International Labour Organization (ILO), the Government reversed the investor’s concessions. The investor sued under the United Kingdom -Bolivia bilateral investment treaty, alleging a violation of the fair and equal treatment clauses and expropriation, among other provisions. The Government is trying to bring consideration of human rights, including the Declaration, into the investor State dispute settlement case, including by claiming that the investor violated human rights, including those contained within the Declaration. 12 30. Given the multitude of mining and petroleum projects, agribusiness investments, special economic zones, tourism developments and infrastructure projects taking place across almost all of the world ’s continents, often on indigenous lands, whether demarcated or not, conflicts between land rights and inve stment and free trade agreements are likely to become increasingly common. Indigenous peoples are vulnerable to experiencing a disproportionate burden of such conflicts, not only due to the frequency with which their lands are used for investment -related projects but also as a result of the additional loss of the cultural, non -economic benefits that indigenous people often derive from land. Free, informed and prior consent 31. The right to free, informed and prior consent is included within the United Nations Declaration on the Rights of Indigenous Peoples and the right to consultation in ILO Convention No. 169. Despite those provisions, only __________________ 10 11 12 15-12526 Business & Human Rights Resource Centre, “Texaco/Chevron lawsuits (re Ecuador)”. Available from http://business-humanrights.org/en/texacochevron-lawsuits-re-ecuador. International Centre for Settlement of Investment Disputes, “Bear Creek Mining Corporation v. Republic of Peru, ICSID case No. ARB/14/2”. Available from italaw.com/cases/2848; Mitra Taj, “Peru hopes to revive Bear Creek mine, avoid legal battle”, 15 August 2014. Available from http://in.reuters.com/article/2014/08/15/peru-bear-creek-minng-santaana-idINL2N0QL00Z 20140815. Permanent Court of Arbitration, “South American Silver Limited v. Bolivia, UNCITRAL, PCA case No. 2013-15”, 2013-2015. Available from italaw.com/cases/2121. 11/24