A/HRC/18/35 “indigenous peoples are left with no option other than to try to find something positive for their communities out of the disaster left behind by the extraction of oil, mineral, and other resources” in their traditional territories. B. Preliminary assessment 56. The various points of view communicated by indigenous peoples, Governments, business enterprises and other relevant stakeholders concerning natural resource and energy extractive development projects in indigenous territories reveal that, despite a growing awareness of the need to respect the rights of indigenous peoples as an integral part of those projects, many problems remain. 57. The responses to the questionnaire confirm the Special Rapporteur’s perception, derived from the various activities carried out during the first three years of his mandate, that the implementation of natural resource extraction and other development projects on or near indigenous territories has become one of the foremost concerns of indigenous peoples worldwide, and possibly also the most pervasive source of the challenges to the full exercise of their rights. Together with those of indigenous peoples’ organizations and representatives, the responses of many Governments and corporations reflect a clear understanding of the negative and even catastrophic effects on the economic, social and cultural rights of indigenous peoples due to irresponsible or negligent projects that have been or are being implemented in indigenous territories without proper guarantees or the involvement of the peoples concerned. 58. The growing awareness of the actual or potential negative impact of industry operations on the rights of indigenous peoples is further marked by an increasing number of legal regulations and other Government initiatives, as well as by enhanced action by domestic courts and human rights institutions, which were cited in the responses to the Special Rapporteur’s questionnaire. Furthermore, this growing awareness is evident in the development or strengthening by business enterprises of internal human rights safeguards and even of specific indigenous rights policies. 59. The United Nations Declaration on the Rights of Indigenous Peoples and the worldwide endorsement of its principles and directives, the growing empowerment of indigenous peoples to defend their internationally affirmed human rights and denounce the violations of these rights, and the lessons learned from the many negative experiences, within the context of the wider interest of the international community about the impact of business enterprises on human rights are factors that have surely contributed to this enhanced state of awareness. 60. Despite this growing level of awareness, however, the responses to the Special Rapporteur’s questionnaire also show the lack of a minimum shared understanding about the basic implications of accepted international standards or about the institutional arrangements and methodologies required to give them full effect in the context of extractive or development operations that may affect indigenous peoples. In this connection, differing or vague understandings persist about the scope and content of indigenous peoples’ rights and about the degree and nature of the responsibility of the State to ensure the protection of these rights in the context of extractive industries. 61. The current global discussion about the impact of business activities on human rights has reaffirmed that the State has the ultimate international legal responsibility to respect, protect and fulfil human rights. As much is made clear in the “Protect, Respect and Remedy” framework proposed by the Special Representative of the Secretary-General on human rights and transnational corporations and other business enterprises,10 which was 10 14 A/HRC/17/31.

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