E/CN.4/2003/90 page 26 Notes 1 Jocelyn Carino, Overview paper presented to the Workshop on Indigenous Peoples, Private Sector Natural Resource, Energy and Mining Companies and Human Rights, (Geneva, 5-7 December 2001), p. 4. 2 CSD Indigenous Peoples’ Caucus, “Dialogue Paper by Indigenous Peoples”, in Indigenous Affairs 4/01, IWGIA, p. 14. 3 World Commission on Dams, Dams and Development: A New Framework for Decision-Making. The Report of the World Commission on Dams, 2000. (See chapter 4, “People and Large Dams-Social Performance”, particularly the section on Indigenous Peoples.) Available at www.dams.org. 4 Report of the twentieth session of WGIP (E/CN.4/Sub.2/2002/24), para. 26. 5 See article 30 of the draft United Nations declaration on the rights of indigenous peoples, Sub-Commission on the Promotion and Protection of Human Rights resolution 1994/45, annex. 6 Report of the Workshop on Indigenous Peoples, Private Sector Natural Resources, Energy and Mining Companies and Human Rights, (E/CN.4/Sub.2/AC.4/2002/3), Conclusions, para. 4. 7 Paul Kaufmann, Wik, Mining and Aborigines, Allen and Unwin, pp. 15-16. The 1987 amendment requires an aboriginal consent to exploration which is now interpreted as also meaning consent to subsequent mining operations. 8 Carino, op. cit., pp. 11-12. 9 This case was brought by the Embera Katio people with regard to the Urra dam projects. See infra, paras. 37-43. 10 Report of the eighteenth session of WGIP (E/CN.4/Sub.2/2000/24), para. 165. 11 CERD, concluding observations: Australia (CERD/C/304/Add.101 of 19 April 2000). 12 “No native title over minerals or petroleum”, http://www.smh.com.au/articles/2002/08/08/1028157983122.html. 13 E/CN.4/Sub.2/2000/24, op. cit., para. 126. 14 Statement of the Loodoariak Community Land and Development Programme in Kenya at the nineteenth session of WGIP (monograph on file). The speaker stated that this led to the displacement of whole communities and the destruction of the environment, their traditional economies and other practices which had sustained them since time immemorial. 15 E/CN.4/Sub.2/AC.4/2002/3, op. cit., para. 104.