WASHINGTON, D.C. / GENEVA (3 March 2017) – A UN human rights expert has called on all levels of government in the United States to adopt consistent practices when consulting with indigenous tribes on projects that could affect their rights, like the Dakota Access Pipeline.
The appeal was made by the United Nations Special Rapporteur on the rights of indigenous peoples, Victoria Tauli-Corpuz, at the end of a mission to the US to assess the impact of energy development projects. During the visit, Ms. Tauli-Corpuz, noted that, in spite of a US commitment to positive and meaningful engagement with tribal governments, challenges remained.
The Special Rapporteur said: "The legislative regime regulating consultation, while well intentioned, has failed to ensure effective and informed consultations with tribal governments. The breakdown of communication and lack of good faith in the review of federal projects leaves tribal governments unable to participate in dialogue with the United States on projects affecting their lands, territories, and resources."
United Nations Special Rapporteur on the Rights of Indigenous Peoples, Victoria Tauli-Corpuz End of Mission Statement 3 March 2017
In my capacity as United Nations Special Rapporteur on the rights of indigenous peoples, I carried out a visit to the United States of America from 22 February to 3 March 2017 to study the human rights situation of indigenous peoples, in particular with regard to energy development projects, and to follow up on key recommendations made by my predecessor, James Anaya, in both his 2012 report on the situation of indigenous peoples in the United States (1) and his 2013 report on indigenous peoples and extractive industries.(2)
Over the last ten days I have travelled to: Washington, D.C.; Albuquerque, New Mexico; Window Rock, Arizona; Boulder, Colorado; Fort Yates, Fort Berthold and Bismarck, North Dakota. I met with representatives of the federal government in Washington, D.C., including federal and regional representatives from the Army Corps of Engineers, the Department of State, the Department of the Interior, the Environmental Protection Agency, the Department of Health and Human Services, the Department of Energy, the Advisory Council on Historic Preservation and the Department of Justice. In North Dakota, I met with the Governor, and representatives from the State Historic Preservation Office and the Commission on Indian Affairs. I also met with members of the legislative branch including the office of Senator John Hoeven, chair of the Senate Committee on Indian Affairs, and the office of ranking member Norma Torres of the House Subcommittee on Indian, Insular, and Alaska Native Affairs. Finally, I met with the Inter-American Commission on Human Rights.
GENEVA / WASHINGTON (21 February 2017) – United Nations Special Rapporteur Victoria Tauli-Corpuz will undertake a country visit to the United States of America from 22 February to 3 March to study the human rights situation of indigenous peoples, in particular with regard to energy development projects.
"I will place particular focus on developments in areas of extractive industries and examine, among other things, progress and gaps, and make recommendations for the way forward for the current administration," Ms. Tauli-Corpuz said recalling the recommendations made in a 2012 report on the USA by her predecessor, James Anaya.
The independent expert mandated by the UN Human Rights Council to monitor, report and advise on the human rights situation of indigenous peoples around the world will travel to Washington, D.C; Albuquerque, New Mexico; Window Rock, Arizona; Boulder, Colorado; and Bismarck, North Dakota.
During her ten-day mission, the Special Rapporteur will meet representatives of the Government and Congress, American Indian tribes and individuals and civil society organisations working on issues related to indigenous peoples' rights.
Presentación de la Relatora Especial de las Naciones Unidas sobre los derechos de los pueblos indígenas, en el I Congreso sobre pueblos indígenas aislados en la Amazonía ecuatoriana: situación y problemática, Ecuador, 22 de noviembre de 2016.
"En esta presentación comenzaré por repasar el trabajo realizado en el marco de las Naciones Unidas en relación con los derechos de los pueblos indígenas en aislamiento y contacto inicial, prestando especial atención a las Directrices de la Oficina del Alto Comisionado para los Derechos Humanos (OACNUDH) para la protección de los pueblos indígenas en aislamiento y en contacto inicial de la Región Amazónica, el Gran Chaco y la Región Oriental de Paraguay, y al mandato de la Relatoría Especial. Presentaré después algunas conclusiones y recomendaciones en relación con los principales problemas que se producen en los niveles local y nacional, donde viven los pueblos en aislamiento, incluyendo propuestas para fortalecer el trabajo del sistema de la ONU en términos de supervisión y de apoyo a las acciones legales y políticas necesarias para garantizar que estos pueblos disfrutan de sus derechos humanos individuales y colectivos."
GINEBRA (13 de febrero de 2017) – Un grupo de expertos* en derechos humanos de las Naciones Unidas instó hoy a los diputados guatemaltecos a aprovechar la oportunidad histórica que representa la aprobación de la reforma constitucional en materia de justicia, contenida en la iniciativa 5179.
La reforma constitucional busca mejorar el acceso a la justicia, en especial para las mujeres y los pueblos indígenas; fortalecer la independencia e imparcialidad del Poder Judicial mediante la separación de las funciones administrativas y jurisdiccionales de la Corte Suprema de Justicia; despolitizar la selección de funcionarios judiciales; y reconocer constitucionalmente la jurisdicción indígena.
"Exhortamos al Congreso de la República a preservar el objetivo y espíritu original de la reforma constitucional, y a no menoscabar su integralidad y el carácter participativo e inclusivo del proceso que contó con los aportes de diversos sectores de la población", señalaron los expertos.
"Pedimos a los legisladores que en las discusiones y aprobación final de la reforma constitucional se dé una respuesta adecuada a las necesidades identificadas para el fortalecimiento efectivo del sistema de justicia", dijeron.
Victoria Tauli-Corpuz UN Special Rapporteur on the Rights of Indigenous Peoples
Keynote Address
3rd Meeting of the Indigenous Peoples' Forum at IFAD , 10 and 13 February 2017, IFAD Headquarters, Rome, Italy
Thank you very much for inviting me to say a few words at this opening session of the 3rd Meeting of the Indigenous Peoples' Forum here at IFAD. Since I started to know and engage with IFAD in 2002, there have been many significant developments which I would like to highlight today. 2017 is the 10th year anniversary of the adoption of the UN Declaration on the Rights of Indigenous Peoples by the UN General Assembly in 2007. Thus, I will use this opportunity to cite what I think IFAD has done to implement the Declaration. Article 41 of the Declaration states that;
"The organs and specialized agencies of the United Nations System and other intergovernmental organizations shall contribute to the full realization of the provisions of this Declaration through the mobilization, inter alia, of financial cooperation and technical assistance. Ways and means of ensuring participation of indigenous peoples on issues affecting them shall be established."
At the recently held UN Permanent Forum on Indigenous Issues Expert Group Meeting which dealt with the implementation of the Declaration, I cited some good practices done by IFAD in this regard. Article 41 clearly says ways and means of ensuring indigenous peoples' participation shall be established. What you have done in terms of adopting a Policy on Engagement with Indigenous Peoples, setting up of institutional mechanisms for sustained dialogue with indigenous peoples, such as this Indigenous Peoples' Forum and related processes, the placement of the internal work on indigenous peoples within the Operations Department within IFAD and the establishment of the Indigenous Peoples'Assistance Facility (IPAF) are some of the ways you are implementing the Declaration. No other UN agency or international financial institution, as of yet, has matched these accomplishments of yours.
La Relatora Especial de las Naciones Unidas sobre los derechos de los pueblos indígenas publica su informe de Comentarios acerca del documento denominado "Anteproyecto de Ley Marco de consulta libre, previa e informada a los pueblos indígenas y afrohondureños".
El informe ofrece, en primer lugar, observaciones sobre la elaboración y el proceso de socialización del Anteproyecto. Seguidamente, se tratan los aspectos de fondo en relación al texto del Anteproyecto. Ello comprende observaciones y recomendaciones sobre: las fuentes normativas de la consulta previa; el ámbito de aplicación de la consulta previa; los sujetos del derecho a la consulta y la representatividad indígena; el procedimiento para la consulta previsto en el Anteproyecto; el consentimiento libre, previo e informado; la institucionalidad estatal y los mecanismos de supervisión, monitoreo y exigibilidad de la consulta; y otras consideraciones relacionadas con la capacitación, asistencia técnica y fortalecimiento de las estructuras representativas indígenas. Finalmente, se presentan conclusiones sobre la elaboración y contenido del Anteproyecto y sobre el tema de la consulta previa en general.
GENEVA (30 December 2016) – A group of United Nations human rights experts* have criticized the Government of Ecuador for stifling civil society, after issuing an order for the closure of an NGO which supports environmental and indigenous rights.
On 18 December, 'Acción Ecológica' called for a Peace and Truth Commission to explore the attacks on indigenous and environmental rights. Two days later, the Ministry of the Environment initiated the dissolution process, giving the group 24 hours to respond and ten days to present defence evidence.
The move against 'Acción Ecológica' comes amidst a conflict involving indigenous Shuar people who are trying to halt mining on what they claim to be their territory. The campaign group, which has vocally supported the indigenous protesters, is the latest in a series of organizations to be targeted by the government.
The group of independent human rights experts urged the Ecuadorian authorities to reverse the decision and reform the legislation it is using to dissolve the groups. The UN experts have already censure the government for dissolving groups such as 'Pachamama' and the 'Unión Nacional de Educadores', and also attempting to close the NGO 'Fundamedios' over the past three years. "The Government of Ecuador seems to be systematically dissolving organizations when they become too vocal or challenge government orthodoxy," they said. "This strategy to asphyxiate civil society has been implemented via two decrees - 16 and 739 - which give the authorities powers to unilaterally dissolve any kind of organization."
A research meeting, "Consultation and consent: Intercultural perspectives in resource governance", was hosted by Matawa First Nations Management in Thunder Bay, Ontario over several days in late October 27, 2016. This event was a key milestone in the research project led by Dr. Terry Mitchell at Laurier University funded by a Social Sciences and Humanities Research Council (SSHRC) grant. The project is examining the experiences of consultation and processes of free, prior, and informed consent (FPIC) in resource development across four regions: northern Ontario, Northwest Territories, Nunavut, and Chile.
The United Nations Special Rapporteur on the Rights of Indigenous Peoples, Victoria Tauli-Corpuz, was welcomed with a dinner and greetings from Chief Peter Collins from Fort William First Nation and Elder Gerry Martin. The Special Rapporteur then gave a public talk at Lakehead University, "Free, Prior, and Informed Consent: A local and global issue", which was attended by nearly 300 people, in which she shared about the challenges and opportunities in implementing free, prior, and informed consent.
Presentation by the United Nations Special Rapporteur on the rights of indigenous peoples, Victoria Tauli-Corpuz, for the International Colloquium on the free, prior, informed consultation: International and regional standards and experiences. Mexico City, 8 November 2016.
"In the course of my mandate, the issue of consultation and free, prior and informed consent has arisen in the context of specific cases brought to my attention through the communications procedure, in country visits, and meetings with indigenous and government representatives. The concern consistently expressed is the lack of effective implementation of consultation in the context of legislative measures or plans for natural resource development and investment projects."
"In this presentation, I will begin by addressing the legal foundations of the principles of consultation and consent and its intended purposes and objectives within the broader framework of international law on indigenous peoples' rights. I will then address the challenges faced in the implementation of consultation and consent standards, including in the process of developing legislation, institutional development and cross-cutting coordination. This would include some comparative experiences in other countries. Lastly, I will present some recommendations for the road ahead."
I just arrived in Mexico City where I will be speaking before the Congress of Mexico and in a colloquium organised by the Office of the High Commissioner on Human Rights. I arrived a day earlier because I was going to pay Rodolfo Stavenhagen a visit, tomorrow. I knew he was ill, which is why I requested that I visit him. Unfortunately, when I landed in the Benito Juarez Airport, I was informed that he passed away today. This is so sad. My deepest sympathies and condolences to his wife Elia, his children and whole family.
Professor Rodolfo Stavenhagen is the first Special Rapporteur on the Human Rights and Fundamental Freedoms of Indigenous Peoples. This was the name of the mandate when it was established, which later was changed to what it is now. Rodolfo, is a person who has influenced me a lot in my life and work as a human rights and indigenous peoples' rights activist. I read one of his first books on indigenous peoples and minorities and since then I sought his writings.
He is one of the finest and dignified man I ever met. HIs commitment in fighting for the rights of indigenous peoples was unwavering. His writings on indigenous peoples rights are among the best ones I have read. During the drafting and negotiations of the UN Declaration on the Rights of Indigenous Peoples, I had several chances to be with him. He was with us when the Declaration was adopted in 13 September 2007 at the UN General Assembly in New York.
When he became the Rapporteur he and I discussed about how we can get him to the Philippines. This worked out and so the Philippines was the second country he visited after his appointment in 2001. When he visited, I was very impressed with him. He was so patient and uncomplaining even during the long and arduous round trip travel we did from Baguio to Mankayan and back. His report on the Philippines set the benchmark on the situation of indigenous peoples in my country.
Rest in peace, my mentor and friend, Rodolfo. You have done so much for indigenous peoples and I thank you very much for all these. As the first Special Rapporteur on the Rights of Indigenous Peoples, you set a high standard for the mandate. I hope I will be able to meet even one half of the standard you set. You will be in my memories and prayers and all I learned from you will guide me in my life and work.
Victoria Tauli-Corpuz UN Special Rapporteur on the Rights of Indigenous Peoples
Statement of Ms. Victoria Tauli-Corpuz Special Rapporteur on the Rights of Indigenous Peoples
General Assembly Seventy-First Session Item 65: Rights of indigenous peoples
New York, 17 October 2016
Madame Chair, Distinguished delegates, indigenous peoples' representatives Ladies and gentlemen,
I have the honor to present today my third annual report to the General Assembly. I would like to start by expressing my gratitude to the numerous States, indigenous peoples, and others, and in particular to the Office of the High Commissioner for Human Rights, for the support they have provided as I have carried out my mandate.
GENEVA (10 October 2016) –United Nations human rights experts today urged the Ethiopian authorities to end their violent crackdown on peaceful protests, which has reportedly led to the death of over 600 people since November 2015. They further called on the Government to allow an international commission of inquiry to investigate the protests and the violence used against peaceful demonstrators.
"We are outraged at the alarming allegations of mass killings, thousands of injuries, tens of thousands of arrests and hundreds of enforced disappearances," said the UN Special Rapporteur on freedom of peaceful assembly and of association, Maina Kiai, the Working Group on enforced or involuntary disappearances and on extrajudicial, summary or arbitrary executions, Agnes Callamard. "We are also extremely concerned by numerous reports that those arrested had faced torture and ill-treatment in military detention centres."
"In light of the lack of progress in investigating the systematic violence against protesters, we urge the Ethiopian Government to allow an international independent commission to assist in shedding light on these allegations," they stated.
GENEVA (23 September 2016) – The United Nations Special Rapporteur on the rights of indigenous peoples, Victoria Tauli-Corpuz, today called on the United States to halt the construction of the Dakota Access Pipeline as it poses a significant risk to the drinking water of the Standing Rock Sioux Tribe and threatens to destroy their burial grounds and sacred sites.
Ms. Tauli-Corpuz's call comes after a temporary halt to construction and the recognition of the need to hold 'government-to-government consultations' made by the US Departments of the Army, Justice and of the Interior. The 1,172 mile (1,890 km) pipeline is being built by the US Army Corps of Engineers and the Energy Transfer LLC Corporation.
"The tribe was denied access to information and excluded from consultations at the planning stage of the project and environmental assessments failed to disclose the presence and proximity of the Standing Rock Sioux Reservation," the expert stressed.
"The United States should, in accordance with its commitment to implement the Declaration on the rights on indigenous peoples*, consult with the affected communities in good faith and ensure their free, and informed consent prior to the approval of any project affecting their lands, particularly in connection with extractive resource industries," Ms. Tauli-Corpuz said.
Statement of Ms. Victoria Tauli-Corpuz Special Rapporteur on the Rights of indigenous peoples
Human Rights Council 33rd Session
Geneva, 20 September 2016
Mr. President, Distinguished delegates, Indigenous Peoples' Representatives Ladies and gentlemen,
I have the honor to present today my third annual report to the Human Rights Council. I would like to start by expressing my gratitude to the numerous States, indigenous peoples, and others, and in particular to the Office of the High Commissioner for Human Rights, for the support they have provided as I have carried out my mandate over the past year, as I begin my third as the Special Rapporteur.
The present report is submitted to the Human Rights Council by the Special Rapporteur on the rights of indigenous peoples pursuant to Council resolutions 15/14 and 24/9. In the report, she provides a brief summary of her activities since her previous report (A/HRC/30/41) and offers a thematic analysis of the impact of international investment agreements on the rights of indigenous peoples.
The present report is the second of three that the Rapporteur dedicates to this issue. She has previously introduced the topic and touched on some of the impacts of international investment agreements on indigenous peoples' rights and the more systemic issues associated with the international investment law regime. In the present report,she seeks to further contextualize and examine those impacts by focusing on cases involving such agreements and rights. In her final report,she will reflect on the standards of protections that those agreements afford and contextualize them in the light of developments in international human rights law and the sustainable development agenda as they pertain to indigenous peoples.
In doing so, the Special Rapporteur seeks to promote coherence in international investment law and international human rights law and ensure that State fulfilment of duties pertaining to indigenous peoples' rights is not obstructed by protections afforded to investors.
Report of the Special Rapporteur on the rights of indigenous peoples on the human rights situation of the Sami people in the Sápmi region of Norway, Sweden and Finland. The present report examines the situation on the basis of research and investigation carried out, including during a conference organized by the Sami Parliamentary Council in Bierke/Hemavan, Sweden, from 25 to 27 August 2015.
During her visit, the Special Rapporteur heard repeated and insistent concerns over the increase in natural resource investments in the Sápmi region and the States' balancing of interests in that context. The balance, which is rarely free of conflict, is a primary focus of the present report. The Special Rapporteur concludes that there are still challenges that the Governments must meet, in particular with respect to adequately defining and recognizing the Sami people's rights over their land and related resources, and that further efforts are needed to advance and strengthen Sami rights, particularly in the face of increased natural resource investments in the Sápmi region.
Report of the Special Rapporteur on the rights of indigenous peoples on her visit to Honduras. The report is based on information received by the Special Rapporteur during her visit to the country from 2 to 10 November 2015 and on independent research.
The situation of the indigenous peoples of Honduras is critical, since their rights over their lands, territories and natural resources are not protected, they face acts of violence when claiming their rights, in a general context of violence and impunity, and they lack access to justice. In addition, they suffer from inequality, poverty and a lack of basic social services, such as education and health.
They call for immediate and decisive protection measures, including the prevention, investigation and punishment of persons responsible for murdering, threatening and harassing members of indigenous peoples and also of those responsible for actions that infringe their rights over their lands, natural resources and other human rights. The legal, political and institutional framework must be overhauled and strengthened in order to deal with the situation properly and effectively, with reforms including coordination between government agencies to ensure the cross-cutting implementation of the Government's international commitments on the rights of indigenous peoples. All this requires more public resources and greater political will. Serious and committed participation by the international community and the international human rights bodies is essential in order to ensure international oversight of such efforts and to provide the necessary technical and financial assistance.
The Secretariat has the honour to transmit to the Human Rights Council the report of the Special Rapporteur on the rights of indigenous peoples, Victoria Tauli-Corpuz, on her mission to Brazil from 7 to 17 March 2016. The main objective of the visit was to identify and assess the main issues currently facing indigenous peoples in the country and to follow up on key recommendations made in 2009 by the previous mandate holder.
Brazil has a number of exemplary constitutional provisions pertaining to the rights of indigenous peoples and was, in the past, a leader in the area of demarcation of indigenous peoples' territories. However, in the eight years since the visit of the previous mandate holder, there has been a disturbing absence of progress in the implementation of his recommendations and the resolution of long-standing issues of key concern to indigenous peoples. The Special Rapporteur noted a worrying regression in the protection of indigenous peoples' rights. In the current political context, the threats facing ndigenous peoples may be exacerbated and the long-standing protections of their human rights may be at risk.
HONOLULU — Conservation organizations dedicated to protecting the world's biodiversity hot spots often fail to take into account why the forests are still standing. Often, it is the indigenous people who have lived there since time immemorial who protected and preserved these lands. This is a crucial issue that the major conservation organizations must address at the World Conservation Congress, taking place in Honolulu from now until Sept. 10.
Many of the initiatives sponsored by these organizations overlook the simple fact that environmentally valuable lands are often inhabited by communities, many of them indigenous, and that these communities' rights must be respected.
In India, for example, local people are being illegally forced from their homes in the Kanha tiger reserve and elsewhere, despite evidence that indigenous people and tigers can coexist.
Research by the Rights and Resources Initiative and the World Resources Institute shows that where indigenous people and local communities have legally recognized land rights, carbon storage is higher, biodiversity is richer and deforestation lower than in government-managed forests or those run by nongovernmental groups. Indigenous people and local communities are the best proven stewards of their traditional lands and resources, and respecting their rights is critical amid the climate crisis.
WASHINGTON, D.C. / GENEVA (3 March 2017) – A UN human rights expert has called on all levels of government in the United States to adopt consistent practices when consulting with indigenous tribes on projects that could affect their rights, like the Dakota Access Pipeline.
Presentación de la Relatora Especial de las Naciones Unidas sobre los derechos de los pueblos indígenas, en el I Congreso sobre pueblos indígenas aislados en la Amazonía ecuatoriana: situación y problemática, Ecuador, 22 de noviembre de 2016.
La Relatora Especial de las Naciones Unidas sobre los derechos de los pueblos indígenas publica su informe de Comentarios acerca del documento denominado "Anteproyecto de Ley Marco de consulta libre, previa e informada a los pueblos indígenas y afrohondureños".
The present report is submitted to the Human Rights Council by the Special Rapporteur on the rights of indigenous peoples pursuant to Council resolutions 15/14 and 24/9. In the report, she provides a brief summary of her activities since her previous report (A/HRC/30/41) and offers a thematic analysis of the impact of international investment agreements on the rights of indigenous peoples.
