A/HRC/21/47
make concerted efforts to strengthen their own traditional justice systems, where these fall
short of providing effective remedies to punish and prevent violence against indigenous
women and girls in accordance with relevant human rights standards.
IV. Report on progress in the study of the rights of indigenous
peoples in relation to extractive industries
34.
In his previous report to the Human Rights Council, the Special Rapporteur
underlined that natural resource extraction and development on or near indigenous
territories had become one of the foremost concerns of indigenous peoples worldwide, and
possibly also the most pervasive source of the challenges to the full exercise of their rights
(A/HRC/18/35, para. 57). He expressed his intention to include a focus on the issue as part
of his workplan for the remainder of his mandate, with the objective of helping to clarify
and make operational the relevant international standards.
A.
Activities related to the study
35.
Over the past year, the Special Rapporteur engaged in consultations with
representatives of indigenous peoples, Governments and transnational corporations to
obtain their perspectives on the various dimensions of the issue of extractive and other
major development operations affecting indigenous peoples. Concerns about extractive and
other resource development industries were repeatedly raised by indigenous peoples in the
context of the Special Rapporteur’s official visits to Argentina, Costa Rica and the United
States. The Special Rapporteur had the occasion to examine cases of mining, the extraction
of hydrocarbon resources and hydroelectric power development, and to discuss those cases
with both Government agents and the representatives of affected indigenous communities.
36.
In addition, the Special Rapporteur exchanged information on cases of extractive
industries with representatives of indigenous peoples, Governments and transnational
corporations in the context of the communications procedure (see paras. 15-17). Also
relevant to his studies of extractive industries were his discussions with representatives of
indigenous peoples and Government actors in Brazil and Peru in the context of developing
laws or regulations for consultations procedures (see para. 10).
37.
The Special Rapporteur further engaged with relevant actors regarding extractive
industries through his participation in conferences and meetings in Norway, Spain, Sweden
and the United Kingdom of Great Britain and Northern Ireland. In October 2011, he
participated in a conference with the theme “A dangerous business: the human cost of
advocating against environmental degradation and land rights violations”, organized by
Peace Brigades International and other non-governmental organizations. The conference,
which took place in London, brought together representatives of civil society, the
Government of the United Kingdom and transnational corporations based in the United
Kingdom to discuss the impacts of extractive industries on the human rights of indigenous
peoples and other local communities and the challenges faced by human rights defenders in
that context. The Special Rapporteur gave a keynote speech in which he emphasized the
need to build the negotiating capacity of indigenous peoples in order for them to be able to
overcome power disparities and effectively engage in consultation procedures involving
proposed extractive activities on or near their territories. While in London, the Special
Rapporteur held informal meetings with representatives of the Government of the United
Kingdom, Members of Parliament and representatives of civil society organizations to
gather information and views on official policies and legislation concerning the impact of
transnational companies based in the United Kingdom on indigenous peoples around the
world.
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