A/HRC/24/41/Add.3
customary law and misunderstanding of indigenous conceptions of land and natural
resource management are alleged to have led to inconsistent land tenure practices.
13.
The Special Rapporteur also received allegations that, in the face of inadequate
regulatory frameworks, indigenous peoples’ lands in Asia continue to face a number of
threats. Land dispossession by non-indigenous settlers and migrants continues in many
countries. The adoption of policies in States promoting individual titles over collective land
titles was also raised as an issue in a number of jurisdictions. In addition, the Special
Rapporteur received information that, across the Asia region, the dispossession of land is
having a profoundly negative impact on indigenous peoples’ social and cultural patterns
and means of subsistence.
14.
Another matter of growing concern is the manner in which lands that are
traditionally occupied by indigenous peoples are officially designated for conservation or
tourism. Indigenous participants highlighted that conservation wildlife management
legislation empowers Governments to declare lands as conservation areas or limit access to
wildlife resources, thereby dispossessing indigenous peoples of their customary lands or
impeding their subsistence activities. Those people who remain in, or continue to access,
conservation areas for subsistence purposes have been in many instances subjected to
criminal prosecution.
2.
Extractive, energy and development industries
15.
The Special Rapporteur has received, both during the consultation and on an
ongoing basis, information about the widespread negative impacts of extractive projects
that are implemented in or near indigenous peoples’ territories in places throughout Asia.
Such activities represent one of the major challenges to securing indigenous peoples’ rights
to land, territories and resources across the region, and in some instances are alleged to pose
an imminent threat to their physical and cultural survival. Escalating violations of
indigenous peoples’ rights are also associated with the absence of appropriate and effective
consultation and oversight processes around the planning, authorization and
implementation of mining, dam and plantation projects.
16.
The demand for minerals and metals, combined with the liberalization of mining
legislation to facilitate foreign direct investment in mineral rich areas, has fuelled an
unprecedented expansion in mining, oil and gas projects in indigenous peoples’ territories.
The Special Rapporteur was informed of the negative impacts of these projects on a range
of rights of indigenous peoples. Mining projects have reportedly resulted in displacement of
indigenous peoples, the alienation of their lands, as well as in limitations to access to areas
within their traditional territories. There are allegations of widespread health impacts of
development projects, including on the reproductive health of women. Furthermore, past
and existing exploration and exploitation projects have involved the dumping of tailings
into rivers and collapsed tailings dams, resulting in significant negative environmental
impacts within indigenous areas. Indigenous groups also cited problems with actions of
police, military and security forces in relation to extractive projects.
17.
A heightened focus by Governments on hydroelectric power appears to have set in
motion developments that are having profound effects on indigenous peoples in several
places in Asia. Over time, the construction of major hydroelectric projects has led to
massive displacement of indigenous peoples in several countries. On top of this historical
legacy of displacement, a series of additional dams involving potential displacement are
planned throughout the region. It is alleged that, in many instances, inadequate impact
assessments and safeguards have been put in place around hydroelectric projects, and that
there is a lack of transparent and reliable information in relation to the projects. Indigenous
peoples have called for a review of pending hydroelectric construction projects to ensure
compliance with social, environmental and human rights norms and safeguards. Finally,
7