A/HRC/24/41/Add.3
that all laws and administrative practices related to lands and natural resources align
with international standards concerning indigenous peoples’ rights to lands,
territories and resources. To this end, the Governments should establish mechanisms
to comprehensively review at the national level all such laws and related institutions
and procedures, and implement necessary reforms.
45.
Where they have not done so already, States should enact and effectively
implement legislation recognizing indigenous peoples’ customary tenure rights over
lands and resources. This legislation should provide for demarcation of indigenous
peoples’ territories in a manner that is efficient and not burdensome on the groups
concerned, and ensure that respect for indigenous peoples’ authorities and customary
laws and practices is a paramount consideration. These mechanisms should also
provide for restitution and compensation for lands taken from indigenous peoples
without their free, prior and informed consent, including lands taken as a result of
concessions issued for extractive or other projects or the establishment of conservation
areas such as natural parks
46.
States should ensure good-faith consultations with indigenous peoples on
extractive activities that would affect them and engage in efforts to reach agreement
or consent. In any event, the State remains bound to respect and protect the rights of
indigenous peoples and must ensure that other applicable safeguards are implemented
as well, in particular steps to minimize or offset any limitation on the rights through
environmental and social impact assessments, measures of mitigation, compensation
and benefit sharing. The Special Rapporteur reiterates in this regard,
recommendations made in his final study on extractive industries and indigenous
peoples (A/HRC/24/41).
47.
Indigenous peoples should be able to oppose or withhold consent to extractive
projects free from reprisals or acts of violence, or from undue pressures to accept or
enter into consultations about extractive projects. In no circumstances should States
use criminal prosecutions to silence indigenous peoples’ opposition to development
projects.
48.
Consultation and free, prior and informed consent processes should ensure the
effective participation of all affected indigenous groups and guarantee sufficient time
and culturally appropriate processes for internal consensus-building. Communities
should be protected from interference of government agencies, companies or the
military in their internal decision-making processes. Overregulation and
bureaucratization of consultation and free, prior and informed consent processes
should be avoided. Instead, States should guarantee flexibility so that rights-based
consultation processes are consistent with the customary laws and decision-making
practices of the indigenous peoples concerned.
49.
States in the region should take steps to increase the participation of indigenous
peoples in the management of natural parks and other conservation areas, and should
minimize any restrictions that prohibit these peoples from carrying out traditional
subsistence and cultural activities within these areas.
Conflict, peace and physical security
50.
With respect to the presence of military forces in indigenous territories, States
should by guided by article 30 of the United Nations Declaration on the Rights of
Indigenous Peoples, which affirms that military activities shall not take place in the
lands or territories of indigenous peoples, unless justified by a relevant public interest
or otherwise freely agreed with or requested by the indigenous peoples concerned.
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