A/HRC/41/54
women. As a consequence, women are relegated to positions such as catering and maid
services in the oil compounds, but even these positions require previous experience or other
qualifications. Local women who have spent their lives working in the agricultural industry
are thus disadvantaged from securing these roles as well. 115
64.
The Special Rapporteur on violence against women, its causes and consequences
reported that extractive industries had led to increased sexual violence against women
(A/HRC/23/49/Add.2, paras. 48–50). 116 While on mission to Papua New Guinea, she
received reports that the influx of extractive industries employees (most of whom were
men) into poor and isolated communities had resulted in increased cases of sexual
exploitation and abuse of women. 117 The expanding extractive industries strained policing
resources, especially because the focus on the mines drew police away from the villages. 118
This shift in resources left isolated villages unequipped to respond adequately to calls for
help. 119 Accordingly, the presence of an extractive site can present a danger to the
enjoyment of human rights by indigenous, Afrodescendent and other historically
racially/ethnically discriminated against women, by increasing the likelihood of violence
and decreasing governmental protection.120
VI. Recommendations: incorporating racial equality and nondiscrimination obligations and principles in reform,
regulation and assessment of the extractivist economy
65.
Substance over form: States, multilateral actors and transnational corporations
must anchor governance, oversight and evaluation of the extractivism economy in the
principles of sovereign equality, the right to self-determination of all peoples and the
right to development. There is a complex governance regime that exists in the
extractivism economy, and within the human rights framework, this centrally includes
the business and human rights regime anchored in the Guiding Principles on Business
and Human Rights: Implementing the United Nations “Protect, Respect and Remedy”
Framework. Global, regional and national initiatives to guarantee human rights
protections in the extractivism economy must ensure that they account for the global
structural racial inequality that is rooted in persisting sovereign inequality as
discussed in the present report. This means that corporate due diligence, State and
corporate transparency and duties to consult and ensure prior, informed consent must
all be evaluated against a substantive benchmark of how well they promote selfdetermination, development and sovereign equality. Procedural mechanisms should
not be untethered from the substantive norms these mechanisms are designed to
serve. Furthermore, States in the global South must take seriously their sovereign
responsibilities to ensure the permanent sovereignty over natural resources of their
peoples by rejecting corrupt practices and undue foreign intervention. Powerful
States – including those that have yet fully to reckon with their colonial extractivism
legacies – must commit to undoing the structures of subordination and inequality that
persist. In addition, human rights actors within the global system and elsewhere must
ensure that all of their work meaningfully confronts global structural racial inequality
in the extractivism economy
66.
No should mean no: permanent sovereignty over natural resources should be
understood to include the right of peoples, especially those most negatively affected by
the extractivism economy, to say no to extractivism, its processes and its logics. State
115
116
117
118
119
120
Ibid., p. 24.
See also Rebecca Adamson, “Vulnerabilities of women in extractive industries”, Indian Journal of
Women and Social Change, vol. 2, No. 1; and https://womin.org.za/images/papers/paper-five.pdf, p.
18.
Adamson, “Vulnerabilities of women in extractive industries”, p. 24.
Ibid.
Ibid.
Ibid.
19