A/HRC/21/55
42.
As highlighted in the report on the international expert group meeting on indigenous
peoples and forests, forests constitute more than 30 per cent of the Earth‟s land area, and
are the traditional territories of many indigenous peoples. Moreover, forests are “often
considered as belonging to the Government for the public, without any recognition that they
are also home to indigenous peoples” (E/C.19/2011/5, para. 9). The experts noted that
“extractive industries must respect the rights of indigenous peoples and recognize that they
may enter indigenous peoples‟ territories only following an agreement reached through
good-faith negotiations based on international human rights standards” (ibid., para. 47).
43.
Consultation with, and free, prior and informed consent of, indigenous peoples are
necessary in relation to benefit-sharing arrangements and they must accord with indigenous
peoples‟ own understanding of benefits.20 While the International Finance Corporation
Performance Standard 7 on Indigenous Peoples could be strengthened, it makes the
important point that “identified opportunities should aim to address the goals and
preferences of the Indigenous Peoples, including improving their standard of living and
livelihoods in a culturally appropriate manner” (para. 20).
III. Conclusion
44.
The right of indigenous peoples to participate in decision-making in the area of
extractive industries is dependent upon the recognition of their rights to selfdetermination and to permanent sovereignty over their lands, territories and
resources. The guarantee of these rights, in turn, will be of benefit for all in terms of
promoting sustainable development and environmental protection, as noted by the
Special Rapporteur on indigenous peoples’ permanent sovereignty over natural
resources:
Indeed, increased extractive activities on indigenous peoples’ traditional lands,
territories, and resources without guarantees for their rights often create public
disorder, health concerns, political and social instability, and legal uncertainty.
…
The analysis of relevant international law shows that there have been
substantial developments in international law and State practice with respect to
the rights of indigenous peoples to own, use, control, and manage their lands,
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19
20
Other activities of interest in relation to development outside the realm of extractive industries include
tourism activities that may have a detrimental effect on the right of indigenous peoples to selfdetermination and rights relating to lands, territories and resources. In this context, the Guiding
Principles on Business and Human Rights are applicable with the goal of safeguarding the rights of
indigenous peoples from impacts or potential impacts caused by tourism developments.
In Canada, these include the National Aboriginal Forestry Association, the Mining Association of
Canada and the James Bay Cree (in the area of hydro development) and the recently established
Centre for Excellence in Corporate Social Responsibility. In Asia, these include the Asian
Development Bank for development projects in general. Also, the Malaysian Forest Dialogue brings
together corporate partners, indigenous peoples and government in an attempt to institute acceptable
standards on forestry. The work of the Permanent Forum on Indigenous Issues, including the
international expert group meeting on the theme “Indigenous peoples and forests” and the
international expert workshop on the theme “Indigenous peoples‟ rights, corporate accountability and
extractive industries” can also be sources of reference.
The Special Rapporteur has noted that benefit sharing is not a top priority for some indigenous
peoples, who might, for example, prefer a pollution-free environment rather than economic
development (A/HRC/18/35, para. 55).
13
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