A/HRC/45/34/Add.3 indigenous peoples’ rights to their lands and territories, to self-determination, to being consulted and to obtaining their free, prior and informed consent. 45. During the seven years since the previous mandate holder held a consultation on the situation of indigenous peoples in Asia,41 certain concerns relating to business activities have mounted. Permits and concessions have continued to be issued for the extractive industries, hydropower projects and large-scale plantations, infrastructure development has escalated and additional issues relating to the establishment of economic zones have emerged. In most instances, indigenous peoples have been left without recourse or access to legal remedies and, even in cases where remedies have been formally available, indigenous peoples have not had the resources or the information needed to access them. 46. Business activities contribute to the loss of indigenous lands, increasing poverty among indigenous peoples. Moreover, environmental degradation, deforestation, the destruction of biodiversity, water and air pollution, shrinking coastlines and health problems are all common consequences of business activities in the region. Indigenous peoples who have asserted their right to lands have been subjected to attacks, criminalization, arbitrary detention and harassment and seen their rights to freedom of expression and association suppressed. 47. The right of indigenous peoples to self-determination, including their right to participate in decision-making and to seek and obtain their free, prior and informed consent on all matters affecting them, is widely violated across countries in the region in relation to business plans and activities. Information received shows a regional trend of lack of meaningful consultation and participation and a deliberate undermining of free, prior and informed consent processes, which are commonly not undertaken in good faith. 48. More often than not, no environmental or human rights impact assessments are conducted prior to the commencement of a business activity. In most cases where assessments are conducted, the participation of indigenous peoples is minimal or inexistent, information is not available in indigenous languages and the outcomes often do not reflect the impact of a proposed activity on the economic, social and cultural rights of indigenous peoples. The engagement of relevant government ministries, such as the ministry responsible for public health, is frequently lacking in assessment processes. 49. During her mandate, the Special Rapporteur has sent communications on the negative impact on indigenous peoples of numerous megadams, mining projects, monocrop plantations and logging, for example dams in the Lao People’s Democratic Republic42 and India,43 mining in the Philippines44 and India,45 monocrops in Cambodia46 and Malaysia,47 and infrastructure development in Nepal.48 50. The mandate of the Special Rapporteur, jointly with the Working Group on Business and Human Rights, is also increasingly sending communications directly to private companies responsible for carrying out megaprojects on indigenous territories, also States where such companies are registered and to private investor, such as banks, supporting such projects. Among the recipients of communications are Australian, Chinese and Korean mining companies, Chinese agribusiness as well as Lao, Malaysian, Korean and Thai investors in dam projects.49 51. In several countries, including the Philippines, Indonesia and India, militarisation in indigenous territories and restrictions on the freedom of assembly and expression are increasing and closely aligned to business interests. 52. The Special Rapporteur notes that in the whole Asian region, only Thailand has put in place a national action plan to implement the United Nations Guiding Principles on 41 42 43 44 45 46 47 48 49 A/HRC/24/41/Add.3. LAO 1/2020 and LAO 1/2016. IND 8/2017 and IND 4/2015. PHL 1/2019. IND 1/2018 and IND 9/2017. KHM 1/2015. MYS 1/2020. NPL 3/2017. OTH 52/2020, OTH 51/2020, OTH 50/2020, OTH 49/2020, OTH 17/2020, OTH 16/2020, OTH 15/2020, OTH 14/2020, OTH 8/2020, OTH 6/2020, OTH 5/2020 and OTH 2/2019. 11