A/HRC/21/55
(d)
Indigenous women and girls and the right to participate in decision-making in the context
of extractive industries
37.
There are several unique considerations relating to indigenous women and the right
to participate in decision-making in the area of extractive industries, as identified at the
recent international expert group meeting on the theme “Combating violence against
indigenous women and girls: article 22 of the United Nations Declaration on the Rights of
Indigenous Peoples”. Participants at the expert group meeting identified violence against
indigenous women and girls by State and non-State actors and corporate actors in the public
domain as including: “militarization and the activities of multinational corporations and
extractive industries that operate with impunity on indigenous peoples‟ territories. Those
actors and their activities have a detrimental impact on indigenous women and girls, which
manifests itself in sexual assault, sex trafficking, prostitution, bonded labour, the
exploitation of overseas contract workers, the internal displacement of women and
environmental violence” (E/C.19/2012/6, para. 21). Furthermore, unsustainable extractive
industry development can have unique ecological, economic and spiritual impacts on
indigenous women in their role as traditional caretakers of the environment (ibid., para. 27).
Those unique impacts and forms of violence against indigenous women and girls must be
resolved through an understanding of the structural nature of violence against indigenous
women, through the full participation of indigenous women in all aspects of decisionmaking and through consideration of this problem by indigenous communities as an
integral part of self-determination (E/C.19/2012/6, paras. 46 and 50).
2.
Current examples
Partnership
38.
Extractive industries on or near indigenous territories would benefit from the
building of indigenous peoples‟ trust and working in partnership with indigenous peoples.
39.
Where States and/or business enterprises have consulted with indigenous peoples,
the results of the consultation must be taken into account. 17
40.
The following areas are illustrative of essential areas in which the right to participate
needs to be implemented: (a) oil and gas, (b) forestry, (c) hydro development, (d) mining,
(e) other forms of energy development (for example, oil palm and soya plantations), (f)
bitumen (heavy oil), and (g) pipeline developments. As an example, for oil and gas, the key
areas for examination include indigenous peoples‟ involvement in legislation; seismic
studies and surveys, from the initial stages to the results; and adequate compensation for
access permits, leases, exploration, development and reclamation, which may sometimes
best be outlined in impact benefit agreements. Such compensation may take the form of
royalties or equity or ownership in the company. In terms of pipeline developments,
examination will include the right of indigenous peoples to participate at all stages
(granting of rights of way, access permits, construction, flow-through agreements, all safety
measures and reclamation of lands). Throughout all stages, obligations relating to
sustainable development, environmental protection and the free, prior and informed consent
of indigenous peoples must be respected.
41.
Further elaboration of the requirements to be examined in relation to forestry, hydro
development, mining and other activities18 is required. Some key organizations can be
researched for potential existing guidelines and standards.19
17
12
The Special Rapporteur on the rights of indigenous peoples reported that “a considerable number of
indigenous respondents maintain that extractive companies carry out consultations as a mere
formality in order to expedite their activities within indigenous territories” (A/HRC/18/35, para. 47).
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