A/HRC/36/22
context of large-scale projects and economic interests over indigenous lands, territories and
natural resources.
14.
For example, the Office of the United Nations High Commissioner for Human
Rights OHCHR in the Plurinational State of Bolivia monitored two consultation processes
for mining projects. The Office urged the Mining Administrative Jurisdictional Authority to
engage in a genuine dialogue with indigenous communities in order to protect and promote
their collective interests.
15.
The Office of the United Nations High Commissioner for Human Rights in
Honduras has advocated for the inclusion of international human rights standards in the
government-led process to discuss a draft law on the right to free, prior and informed
consent. In March 2017, the Office held several meetings with the main national private
and industrial associations to promote the Guiding Principles on Business and Human
Rights and the United Nations “Protect, Respect and Remedy” Framework. Furthermore, at
the request of the Honduran authorities, the Special Rapporteur conducted a visit to the
country in April 2017 to follow up to the recommendations on the process to regulate free,
prior and informed consent and consultation.
16.
In March 2017, OHCHR organized an expert seminar in Boulder, United States of
America, jointly with the University of Colorado Law School. The main objective of the
seminar was to collect substantive information for the study by the Expert Mechanism on
good practices and challenges in business and in access to financial services by indigenous
peoples.
17.
In August 2016, the Special Rapporteur submitted to the Human Rights Council at
its thirty-third session the second of three reports dedicated to international investment
agreements and their impacts on indigenous peoples’ rights (A/HRC/33/42). In her report to
the General Assembly at its seventy-first session (A/71/229), the Special Rapporteur chose
to explore how conservation measures affect indigenous people and recommended means to
increase respect for indigenous peoples’ rights. In February 2017, the Special Rapporteur
carried out a follow-up visit to examine the situation of indigenous peoples in the United
States, in particular to the situation related to extractive industries.
18.
During the reporting period, the Committee on Economic, Social and Cultural
Rights recommended to Honduras that it draft clear guidelines and regulations for
evaluating the social and environmental impact of natural resource exploitation projects, in
particular those carried out in territories of indigenous or Afro-Honduran peoples. The
Government was urged to ensure that communities affected by the exploitation of natural
resources are consulted, receive compensation for damages or losses incurred and receive a
share of the profits from said activities.
19.
The Human Rights Committee urged Colombia to step up its efforts to ensure the
timely and effective implementation of the plans developed for the preservation of the 34
indigenous peoples identified as being at risk of cultural or physical extinction or
disintegration. Many of those indigenous peoples are represented in the indigenous human
right defenders network in Putumayo developed by the Office of the United Nations High
Commissioner for Human Rights in Colombia, supporting the effective use of tools and
mechanisms for the protection of their territories. The Office also supported the indigenous
Nasa people of Putumayo, in coordination with the regional Ombudsman’s Office in
implementing a protection mechanism called “tutela” for claiming their rights, including in
connection with planned extractive activities in the territory.
20.
The Committee on Economic, Social and Cultural Rights urged the Philippines to
ensure that free, prior and informed consent of the indigenous peoples concerned is
obtained before granting licences to private companies; and that indigenous peoples are
represented by their own freely chosen representatives in local decision-making bodies,
such as local mining boards and development units.
21.
The Committee recommended that Sweden review relevant legislation, policies and
practices that regulate activities that may have an impact on the rights and interests of the
Sami people, including development projects and the operations of extractive industries,
and in particular the Minerals Act, the Minerals Strategy and the Environmental Code.
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