E/CN.4/2003/90
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high-priority project for regional integration and development, there are as yet no institutional
and legal mechanisms in place for the effective protection of the human rights of the indigenous
peoples of the area designed to offset the potential risks and threats to these peoples that the
implementation of the Plan implies, nor are there as yet any effective mechanisms to ensure the
full and informed participation of these peoples in the design, planning, execution and evaluation
of the numerous specific projects foreseen in the Plan that may have considerable impact on the
region’s indigenous communities. He calls on the international financing agencies, the
international and national business community and the region’s governments to attach the
highest priorities to the needs and concerns of the indigenous peoples in this matter, recalls the
principles of a human-rights centred development approach and calls their attention to the
declaration of the World Summit on Sustainable Development about the vital role of the
indigenous peoples in sustainable development.
IV. CONCLUSIONS AND RECOMMENDATIONS
66.
The issue of extractive resource development and human rights involves a
relationship between indigenous peoples, Governments and the private sector which must
be based on the full recognition of indigenous peoples’ rights to their lands, territories and
natural resources, which in turn implies the exercise of their right to self-determination.73
Sustainable development is essential for the survival and future of indigenous peoples,
whose right to development means the right to determine their own pace of change,
consistent with their own vision of development, including their right to say no. Free,
prior, informed consent is essential for the human rights of indigenous peoples in relation
to major development projects, and this should involve ensuring mutually acceptable
benefit sharing, and mutually acceptable independent mechanisms for resolving disputes
between the parties involved, including the private sector.74
67.
To the extent that international financial institutions such as the World Bank play a
vital role in facilitating major development projects by providing various forms of financial
support, the current revision of the World Bank’s policy regarding indigenous peoples is of
major importance. The Bank has a specific policy on indigenous peoples designed to
ensure that “World Bank-financed development projects do not have adverse impacts on
indigenous peoples, and that project benefits are tailored to the specific needs of indigenous
peoples.”75 But some indigenous consultants argue that “the draft policy fails to uphold
international human rights standards applicable to indigenous peoples” and insist
particularly on the collective rights of indigenous peoples to their customary land and
territories.76 The Special Rapporteur recommends that the new Bank policy on indigenous
peoples should strictly adhere to all existing and evolving international indigenous human
rights standards.
68.
Any single major development project in indigenous areas may have either direct or
indirect positive and negative effects on - or both - indigenous peoples and communities.
Under pressure from Governments and NGOs, some business enterprises may undertake
special efforts to improve the management of the surrounding environment, as well as to
provide compensation, employment and/or social services (such as housing, schools,
medical care, utilities) to the affected communities. Unfortunately, as we learn from
indigenous organizations and research reports, these companies appear to be in the