E/CN.4/2003/90
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indigenous areas must involve the indigenous communities as stakeholders, beneficiaries
and full participants, whenever possible, in the design, execution and evaluation stages.
The free, informed and prior consent, as well as the right to self-determination of
indigenous communities and peoples, must be considered as a necessary precondition for
such strategies and projects. Governments should be prepared to work closely with
indigenous peoples and organizations to seek consensus on development strategies and
projects, and set up adequate institutional mechanisms to handle these issues.
74.
Potential long-term economic, social and cultural effects of major development
projects on the livelihood, identity, social organization and well-being of indigenous
communities must be included in the assessment of their expected outcomes, and must be
closely monitored on an ongoing basis. Such effects would include health and nutrition
status, migration and resettlement, changes in economic activities, levels of living, as well as
cultural transformations and socio-psychological conditions, with special attention given to
women and children.
75.
To the extent that major development projects impinge upon traditional indigenous
territories or ancestral domains, indigenous land and property rights must be considered
as human rights at all times, whether they are so recognized legally or not.
76.
Indigenous organizations should attempt to present their viewpoints publicly on
major developments at an early stage and be prepared to work with Governments,
multilateral financing institutions and private companies to find convenient solutions to
contentious issues. Non-governmental organizations are urged to support such efforts,
particularly as regards the possibility of preparing and promoting alternative development
strategies and projects within a human rights-centred approach.
77.
Contentious issues between indigenous peoples, Governments and business
enterprises arising in the course of the implementation of major development projects
should at all times be considered within the framework of democratic governance, open
dialogue and negotiations, and should never be handled primarily as a problem of national
security or law and order, as that often leads to military or police action that may violate
the human rights of indigenous communities.
78.
International organizations such as development banks and United Nations agencies
in the field should at all times be ready to support indigenous peoples and communities in
making human rights the primary focus of development cooperation involving major
development projects in indigenous areas.
79.
The Special Rapporteur took note of a recommendation of the Workshop on
Indigenous Peoples, Private Sector Natural Resource, Energy and Mining Companies and
Human Rights, which requested OHCHR to continue to act as a facilitator for dialogue
among indigenous peoples, Governments, and the private sector with regard to the issue of
indigenous peoples’ human rights and the private sector.79 The Special Rapporteur
endorses this recommendation, and further encourages OHCHR to organize a second
workshop on the topic along with appropriate human rights training for representatives of
companies on international indigenous human rights.80