A/HRC/42/19
Guatemala. The country office provided technical support to indigenous authorities, which
resulted in a document systematizing international human rights standards on consultation
and free, prior and informed consent sent to the President of the Commission on Indigenous
Peoples in the Congress.
14.
Following a draft consultation law presented to the National Congress in May 2018,
the OHCHR office in Honduras met with indigenous representatives who had voiced
opposition to the draft law and prepared a legal analysis of the draft law from the standpoint
of international standards, which was sent to various institutions, including the Congress,
the Ministry of Labour and Social Security, the Ministry of Human Rights, Justice,
Governance and Decentralization and the Department for Indigenous and Afro-Honduran
Peoples.
15.
The OHCHR office in Honduras held several meetings with State institutions in
order to discuss and promote standards on consultation and consent for indigenous rights,
including with the Ministry of Energy, which requested the country office to provide
capacity-building on the issue of prior consultation.
16.
During the period under review, the OHCHR office in Mexico monitored several
cases of consultation with indigenous communities in the context of large-scale projects,
providing technical assistance to all parties involved. The office conducted field missions,
meeting with representatives of the relevant authorities, including the Ministry of Energy,
the National Commission for Water and the Ministry of Environment and Natural
Resources, with the aim of enhancing their knowledge of international human rights
standards. The presence of the country office as a trusted actor contributed to a reduction in
conflicts and facilitated dialogue between the parties.
17.
From July 2018 to April 2019 in Chile, the OHCHR Regional Office for South
America participated as an observer, jointly with the United Nations country team, in the
consultation process conducted by the Ministry of Education on an educational proposal for
school curricula entitled “Language and culture of indigenous peoples”. Prepared by the
Ministry of Education, the proposal aims to promote intercultural education and the
learning of the languages and culture of the Aymara, Quechua, Licanantai, Colla, Diaguita,
Rapa Nui, Mapuche, Kawésqar and Yagan peoples in public schools.
18.
During the period under review, the Committee on Economic, Social and Cultural
Rights, the Human Rights Committee, the Committee on the Elimination of Racial
Discrimination and the Committee on the Elimination of Discrimination against Women
consistently addressed the issue of the free, prior and informed consent of indigenous
peoples regarding exploitation of resources on customary lands, especially by the extractive
industries. The committees recommended that States ensure good faith consultation prior to
concluding concession agreements. They further noted the need to take into account the
traditions and cultural characteristics of the people concerned. They also recommended that
States ensure the meaningful participation of indigenous peoples in decision-making and
government bodies.1
19.
In addition to addressing the situation of the rights of indigenous peoples to their
lands, territories and resources in several communications, as well as her thematic and
country visit reports, the Special Rapporteur on the rights of indigenous peoples provided
inputs to draft legislation on consultation in Honduras and Guatemala.
20.
Human rights abuses in the context of the exploitation of natural resources by
national and international companies was a recurring issue during the Forum on Business
and Human Rights. Participants highlighted challenges related to the protection and
documentation of land rights and the need for companies to ensure that any licences or
agreements granted by Governments were based on free, prior and informed consent.
Participants stressed that companies were responsible for providing clear and
comprehensive information to indigenous communities and that they should understand and
respect local decision-making processes.
1
4
See, for example, E/C.12/CMR/CO/4, CCPR/C/DZA/CO/4, CERD/C/GTM/CO/16–17 and
CEDAW/C/NPL/CO/6.
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