A/HRC/21/55
(ii)
Provision of information
32.
As stated by the Inter-American Court of Human Rights:15
(a)
Information must be provided and accepted also;
(b)
Indigenous peoples must be informed of the possible risks, “including
environmental and health risks, in order that the proposed development or investment plan
is accepted knowingly and voluntarily”.
(iii)
Ongoing communication
33.
The duty to consult with indigenous peoples “entails constant communication
between the parties”.16
(iv)
Culturally appropriate procedures
34.
Consultation procedures should be culturally appropriate for the indigenous peoples
concerned;17 information sharing is required during the planning stages of the consultation
process. In addition, consultation should take into account the indigenous peoples‟
traditional methods of decision-making.18
(v)
Good faith
35.
2.
Consultations must be undertaken in good faith. 19
The need for independence in the assessment of the potential scope and impact of
extractive activities on indigenous peoples, their lives and territories
36.
The interests of indigenous peoples and those of the State and business in extractive
activities may not align, complicating the capacity of the State and business to assess and
evaluate the impact of extractive activities on indigenous peoples. Thus, it is advisable to
ensure independent assessments of the potential scope and impact of extractive activities on
indigenous peoples, their lives and their lands, territories and resources. 20
Limitations on indigenous peoples’ rights relating to their lands, territories and
resources
3.
37.
Participation is relevant to an assessment of the degree to which States may limit
indigenous peoples‟ rights in relation to their lands, territories and resources.
38.
In accordance with the decision of the Inter-American Court of Human Rights in
Saramaka People v. Suriname,21 limitations on indigenous peoples‟ rights to their resources
are permissible only where the State:
15
16
17
18
19
20
21
Saramaka People v. Suriname (note 9 above), para. 133.
Ibid.
Ibid.
Ibid.
Ibid. See also A/HRC/12/34.
IFC similarly holds that where free, prior and informed consent is necessary, “the client will engage
external experts to assist in the identification of the project risks and impacts” (Performance Standard
7, para. 11).
Note 9 above, para. 129.
21
Select target paragraph3
Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents