A/HRC/41/54
Manifestations of racial discrimination
48.
Within territories of extraction, indigenous peoples, small-scale farmers, rural
communities, women, displaced persons, artisanal miners and fisherfolk, pastoralists,
migrant workers, and poor and working-class communities experience the most acute
human rights violations as a result of State and corporate conduct in the extractivism
economy. For members of these groups, their race, national origin, ethnicity, nationality
and gender are important factors in their political, economic and social marginalization in
territories of extraction. Politically marginalized groups have few means of protection
against extractivist projects that violate their rights or interests when confronted with the
militarized States and corporate actors that are a mainstay of the extractivism economy.
49.
The circumstances of indigenous peoples and people of African descent in different
parts of the world are illustrative of the extreme human rights violations that racially or
ethnically specified communities can experience in the extractivism economy, where these
violations are fundamentally connected to their broader national political and
socioeconomic marginalization. The Special Rapporteur received submissions from
indigenous peoples from all over the world, all drawing attention to the examples of human
rights violations discussed in this part of the present report.
50.
In a comprehensive report on the human rights of indigenous peoples and people of
African descent, the Inter-American Commission on Human Rights highlighted the
politically and economically marginal status of these groups as important in understanding
the human rights impact of the extractivism economy on them. 71 The Commission
documents the prevalence of extractivist projects in territories traditionally inhabited by
indigenous peoples and people of African descent, with far-reaching human rights
consequences for these groups. Through the extractivism economy, host Government and
private corporate actors oversee the destruction of ecosystems, including through water
pollution (e.g. mercuric and cyanide pollution), explosions, dust emissions, deforestation,
the destruction of biodiversity and food security, and soil pollution. 72 Extractivist projects
can threaten the very physical and cultural existence of these groups as peoples 73 and, on
account of their devastating environmental impact, also result in gross violations of the
rights to health and life, by causing illness and death. The recent collapse of a dam owned
by an iron ore mining corporation, Vale S.A., in Brazil, in addition to killing hundreds and
releasing almost 12 million cubic metres of mining waste, 74 also threatens the very
existence of indigenous groups in the area.75
51.
The Commission highlighted frequent violations of the right to consultation and to
free, prior and informed consent in the implementation of extractivist projects in the
region,76 some of which are approved in direct opposition to the development of indigenous
peoples and people of African descent. 77 These projects profoundly affect the cultural
identity and religious freedoms of these groups, including cases in which these projects
cause the breakdown of the social fabrics of entire communities. When these communities
lose effective control of their lands and territories due to extractivist encroachment and
displacement, they lose their main sources of livelihood. Extractivist projects undermine
and, in some cases, destroy traditional subsistence activities, including hunting, fishing and
agriculture, violating, among other things, the right to food of affected groups. 78 This can be
the product of restrictions imposed by Governments or corporations on land use, forced
displacement or contamination of natural resources. It can also be the result of agricultural
71
72
73
74
75
76
77
78
14
www.oas.org/en/iachr/reports/pdfs/ExtractiveIndustries2016.pdf, paras. 16 and 249 (highlighting the
marginalization, poverty and extreme poverty of indigenous and Afrodescendent communities, which
then find themselves subject to the extractivism economy).
Ibid., para. 17.
Ibid., para. 251. The Commission notes that “in the most severe cases, impact can reach a total loss of
their ethnic and cultural identity, as well as a serious deterioration of their institutions” (para. 264).
www.nytimes.com/interactive/2019/02/09/world/americas/brazil-dam-collapse.html.
www.aljazeera.com/news/2019/02/brazil-pataxo-depended-river-turned-mud-190212165216265.html.
www.oas.org/en/iachr/reports/pdfs/ExtractiveIndustries2016.pdf, para. 250.
Ibid., para. 251.
Ibid., para. 288. Submissions from the Sami on Norway and Finland raised these concerns, too.