The present report is submitted to the General Assembly by the Special Rapporteur on the rights of indigenous peoples pursuant to her mandate under Human Rights Council resolution 27/13.In the report, the Special Rapporteur provides a summary of her activities since her last report to the General Assembly.
She dedicates the thematic section of the present report to an analysis of international investment agreements and investment clauses of free trade regimes and their impacts on the rights of indigenous peoples. She views the present report as the starting point for that issue, which she intends to be of continuing importance throughout the course of her mandate.
The Special Rapporteur contends that investment clauses of free trade agreements and bilateral and multilateral investment treaties, as they are currently conceptualized and implemented, have actual and potential negative impacts on indigenous peoples’ rights, in particular on their rights to self-determination; lands, territories and resources; participation; and free, prior and informed consent.
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