A/HRC/18/35
regarding the perceived benefits of resource extraction, resulting in conflict that, at times,
erupted into violence. Social conflict appears to be particularly prevalent when economic
benefits are transferred directly to individuals or limited jobs are available. Several
Governments and companies also cited cases of bribery and corruption of indigenous
leaders as areas of concern, although no in-depth reflection on the root causes of these
patterns were included in their responses.
38.
Submissions by indigenous peoples and non-governmental organizations also
reported an escalation of violence by Government and private security forces as a
consequence of extractive operations in indigenous territories, especially against indigenous
leaders. Furthermore, a general repression of human rights was reported in situations where
entire communities had voiced their opposition to extractive operations. In this connection,
political instability, violent upheavals and the rise of extremist groups in indigenous areas
have also reportedly resulted from the presence of extractive industries in indigenous
territories.
39.
Numerous questionnaire respondents highlighted the adverse effects that natural
resource extraction projects operating in indigenous territories had on important aspects of
indigenous culture, such as language and moral values. Additionally, respondents noted that
projects had led to the destruction of places of culture and spiritual significance for
indigenous peoples, including sacred sites and archaeological ruins.
40.
Various respondents, including companies, recognized the need for a “different
approach” when dealing with indigenous communities and extractive activities. This could
include, for example, the evaluation of community-specific social and cultural effects and
the development of community-specific mitigation measures. It was also suggested that
cultural awareness training for company employees and subcontractors may be helpful in
countering the negative impact on the social and cultural aspects of indigenous
communities.
3.
Lack of consultation and participation
41.
An important cross-section of indigenous peoples, Governments and companies
noted that affected indigenous peoples needed to be consulted about and be involved in the
operation of natural resource extraction projects that affect them. This need was identified,
depending on the identity of the respondent, as both a right affirmed in international and
domestic law and a matter of pragmatism: a preventative measure to avoid project
opposition and social conflicts that could result in the disruption of project operations.
42.
Governments and business respondents provided considerable examples of social
conflicts that had resulted from a lack of consultation with indigenous communities, and
noted that solutions to these conflicts had invariably entailed opening a dialogue with
indigenous peoples and arriving at agreements that addressed, among other issues,
reparation for environmental damages and benefit-sharing.
43.
Government and private-sector respondents also reported that past negative
experiences often frustrated present consultations with indigenous peoples. According to
the Mexican National Commission for the Development of Indigenous Peoples, as a result
of past experiences, indigenous communities now fear that companies “may enter at any
moment”. Lack of prior involvement, labour conflicts, unmitigated environmental damage
and unfulfilled promises were identified as reasons why many indigenous communities fear
or outright reject current proposals for extractive projects in their territories, even before
receiving information on potential new projects or engaging in discussions about possible
arrangements in this connection.
44.
Several Governments provided the Special Rapporteur with information describing
recent domestic legal and policy reforms that specifically relate to the regulation of the
State’s duty to consult indigenous peoples regarding extractive industry activities. These
reforms have entailed both the drafting of general consultation laws and policies, and
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