A/HRC/18/35
contributed to these effects. Notably, some Governments have attempted to mitigate the
negative effects of extractive operations, yet human rights continue to be violated as a result
of an increasing demand for resources and energy. The Special Rapporteur considers the
ever-expanding operations of extractive industries to be a pressing issue for indigenous
peoples on a global scale. He therefore aims to contribute to efforts to clarify and resolve
the problems arising from extractive industries in relation to indigenous peoples.
A.
Review of responses to the Special Rapporteur’s questionnaire
27.
On 31 March 2011, the Special Rapporteur distributed a questionnaire in order to
collect and understand views, concerns and recommendations relating to extractive
industries operating on or near indigenous territories. The initiative was received
favourably, generating a large number of responses from Governments, indigenous peoples,
corporations and members of civil society. Academic experts and members of indigenous
communities acting in their individual capacities also made valuable contributions to the
study.
28.
The Special Rapporteur cordially thanks all contributors for their detailed responses
to the questionnaire and appreciates their support for his efforts to fulfil his mandate to
examine ways and means of overcoming existing obstacles to the full and effective
protection of the rights of indigenous peoples and to identify, exchange and promote best
practices.
29.
The sections below contain an overview of the main issues raised in questionnaire
responses, with a primary focus on the perceived challenges created by extractive industries
operating in indigenous territories. It should be noted that the Special Rapporteur requested
and received examples of good practices in relation to natural resource extraction projects
operating in or near indigenous territories. He continues to analyse these examples and
hopes to provide further reflections on good practices in his future observations on the issue
of natural resource extraction and indigenous peoples.
1.
Environmental impact
30.
Responses to the Special Rapporteur’s questionnaire by States, businesses and
indigenous peoples provide a detailed review of the significant impact that extractive
industries have had on indigenous peoples’ lands and resources. The gradual loss of control
over indigenous lands, territories and natural resources was listed by respondents as a key
concern, an issue that is seen as stemming from deficient protective measures for
indigenous communal lands. The majority of indigenous representatives and organizations
also listed environmental impact as a principle issue of concern. Responses highlighted
examples of the degradation and destruction of ecosystems caused by extractive industries,
as well as the devastating resultant effects on indigenous peoples’ subsistence economies,
which are closely linked to these ecosystems. Common negative environmental effects
reported in the responses include the pollution of water and lands and the depletion of local
flora and fauna.
31.
With respect to the negative impact of extractive operations on water resources, it
was noted that water resource depletion and contamination has had harmful effects on
available water for drinking, farming and grazing cattle, and has affected traditional fishing
and other activities, particularly in fragile natural habitats. For example, the Government of
the Philippines described an open-pit mining operation in the province of Benguet, where
operations had left a wasteland where “no fresh fish could ever be found in creeks and
rivers”. It should be noted that reports of the adverse impact of extractive operations on
water resources were not limited to exceptional cases of, for example, oil pipeline breaks.
Adverse effects have also reportedly resulted from routine operations or natural causes,
including the drainage of industrial waste into water systems caused by rain.
9