A/HRC/18/35
the extraction or development of natural resources on or near indigenous lands. A review of
the responses to a questionnaire on these issues and an initial assessment has been
incorporated into the section below.
III.
Extractive industries operating within or near indigenous
territories
22.
The impact of extractive industries on indigenous peoples is a subject of special
concern to the Special Rapporteur. In several country-specific5 and special reports,6 and in
his review of particular cases,7 he has examined various situations in which mining,
forestry, oil and natural gas extraction and hydroelectric projects have affected the lives of
indigenous peoples. Also, as noted above, the Special Rapporteur’s previous thematic
studies have focused on the duty of States to consult indigenous peoples and corporate
responsibility, issues that invariably arise when extractive industries operate or seek to
operate on or near indigenous territories.
23.
In 2003, in his report to the Commission on Human Rights, the previous mandate
holder examined issues associated with large-scale development projects, raising concern
about the long-term effects of a certain pattern of development that entails major violations
of the collective cultural, social, environmental and economic rights of indigenous peoples
within the framework of the globalized market economy.8
24.
Since then, numerous developments have taken place in this area. In 2007, the
discussion and adoption by the General Assembly of the United Nations Declaration on the
Rights of Indigenous Peoples contributed to a greater awareness about the human rights
implications for indigenous peoples of natural resource extraction and other development
projects. Following the revision of World Bank policy on indigenous peoples in 2005,
several international and regional financial institutions have developed their own policies
and guidelines regarding public or private projects affecting indigenous peoples.9 Among
the latest of these developments, in May 2011, OECD updated its Guidelines for
Multinational Enterprises to strengthen standards for corporations in the field of
international human rights, including those pertaining to indigenous peoples. Also, the
International Financial Corporation has undertaken a revision of its performance standard
on indigenous peoples, a process to which the Special Rapporteur contributed (see
paragraph 14 above).
25.
The work of the Special Representative of the Secretary-General on human rights
and transnational corporations and other business enterprises, which has led to the
development of the “Protect, Respect and Remedy” framework and the principles for its
implementation, has further contributed to raising the awareness of the impact of business
operations on human rights. The framework and principles, which were endorsed by the
Human Rights Council in its resolution 17/4, provide further grounding for advancing in
the operationalization of indigenous peoples’ rights in the context of business operations.
26.
Extractive industry activities generate effects that often infringe upon indigenous
peoples’ rights; public agencies and private business enterprises involved in the extraction
or development of natural resources, in both developing and developed countries, have
5
See for example A/HRC/15/37/Add.5, paras. 41-51; A/HRC/15/27/Add.4, para. 27;
A/HRC/15/37/Add.2, paras. 41-42; A/HRC/12/34/Add.6, paras. 33-39; and A/HRC/12/34/Add.2,
paras. 55-58.
6
See A/HRC/15/35/Add.4; A/HRC/18/35/Add.8; and A/HRC/12/34/Add.5.
7
See A/HRC/15/37/Add.1A/HRC/12/34/Add.1.
8
E/CN.4/2003/90, para. 69.
9
See A/HRC/9/9, para. 72.
8