A/HRC/41/54
industry was the sector with the most violations (A/71/281, paras. 36–37). He underscored
that increasing conflicts over the environment stemmed from resource exploitation, which
failed to address the legitimate concerns and demands of local communities, and
highlighted the central role played by corporations and private security firms in restricting
the legitimate activities of human rights defenders (ibid., paras. 41 and 45).
60.
Racialized criminalization of indigenous peoples and people of African descent is
now a commonplace strategy that Governments and corporate actors use to suppress and
eliminate opposition to extractivist projects that are pursued without consultation or consent
from the affected communities, and which violate their rights in the manner described
above. The Inter-American Commission on Human Rights condemned cases of such
criminalization in Argentina, Chile, Colombia, Costa Rica, Ecuador, Guatemala, Mexico,
Peru and Venezuela (the Bolivarian Republic of), among others. 108 One submission
received from the Philippines reported torture, harassment, rape and murder of indigenous
peoples by military and paramilitary forces tasked with protecting investment projects,
seemingly at all costs.
61.
Unsurprisingly, the extractivism economy has gendered effects, imposing and
interacting with patriarchal power arrangements that marginalize and oppress women, in
violation of their human rights. The Special Rapporteur received a number of submissions
that highlighted the increased workload for women, diminished access to education for
girls, greater risk of impoverishment for women, political marginalization, exclusion from
consultations on extractive projects, and violations of sexual and reproductive health rights.
62.
One submission highlighted that, within African countries, the communities in
territories of extraction were often dominated by women peasant farmers who experienced
the worst forms of land dispossession and were subject to the effects of pollution, violence
and the deleterious effects on health associated with extractivist processes.109 Submissions
from Latin America highlighted, among other things, the political marginalization and
exclusion of women. In Guatemala, for example, indigenous Mayan women, despite their
leadership in defence of their territories, have been excluded from negotiations concerning
extractive activities by male community leaders, as well as State agents and company
officials. 110 In another example, a mining company in La Guajira, (Colombia), did not
acknowledge the indigenous woman who had been elected community representative and
instead initiated talks with men from the same community. The local Government
continued to ignore her even after community members complained. 111 Denial of access to
formal education and language barriers also prevent indigenous women from participating
in decision-making, including the use of technical language by corporations and State
actors in their communication with communities. In Latin America, for example,
indigenous women are more likely than their male counterparts to speak only their native
language and not Spanish.112
63.
Gender is also a salient axis of subordination and exclusion where labour rights are
concerned. For example, women are responsible for about 80 per cent of the food crop
production in Uganda.113 Women in the Albertine Graben Region of Uganda have indicated
that access to agricultural land and crops had been affected by oil exploration activities. 114
Women face even more barriers than men in entering the workforce in the oil sector. Very
few women have benefited from job opportunities in oil extraction, partly due to
stereotypes that women are not capable of working in a physically strenuous industry. Oil
companies themselves have reported that their contractors typically prefer to hire men over
108
109
110
111
112
113
114
18
www.oas.org/en/iachr/reports/pdfs/ExtractiveIndustries2016.pdf, para. 297.
www.womin.org.za/images/WoMin_Newsletter_IssueSeptember_2018_English.pdf.
www.awid.org/sites/default/files/atoms/files/whrds-confronting_extractive_industries_report-eng.pdf,
p. 15; and https://urgentactionfund.org/in-our-bones.
www.awid.org/sites/default/files/atoms/files/whrds-confronting_extractive_industries_report-eng.pdf,
p. 14.
https://fondoaccionurgente.org.co/site/assets/files/1175/b81245_6cc6d3d7edd447d0ab461860ae
1ae64f.pdf, p. 37.
www.international-alert.org/sites/default/files/Uganda_GenderOilGas_EN_2014.pdf, p. 18.
Ibid., p. 21.