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*Report Of The Special Rapporteur On The Rights Of Indigenous Peoples -
Extractive Industries Operating Within Or Near Indigenous Territories *****

01 September 2011****

Human Rights Council****

Eighteenth session****

Agenda item 3 Promotion and protection of all human rights, civil,
political, economic, social and cultural rights, including the right to
development****

Report of the Special Rapporteur on the rights of indigenous peoples, James
Anaya****

Extractive industries operating within or near indigenous territories****

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*Summary*****

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The present report is the fourth annual report submitted to the Human Rights
Council by the Special Rapporteur on the rights of indigenous peoples,
pursuant to Councilresolution 15/14.****

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In the present report, the Special Rapporteur provides a summary of the
activities carried out during his third year in the mandate, including
cooperation with other international and regional mechanisms and bodies in
the field of indigenousrights, and the activities carried out in his four
main areas of work: promoting good practices; country reports; specific
cases of alleged human rights violations; and thematic studies.****

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The Special Rapporteur devotes the second half of the report to an analysis
of the impact of extractive industries operating within or near indigenous
territories following the distribution of a questionnaire on the issue to
Governments, indigenous peoples, corporations and civil society. The growing
awareness of the impact of extractive industries on the rights of indigenous
peoples is further raised by the concerns expressed by many of the responses
received confirming the assertion that these projects and industries are
becoming the greatest challenges to the exercise of the rights of indigenous
peoples. This situation is further evidenced by the lack of understanding of
basic minimum standards on the effects of extractive industries affecting
indigenous peoples and about the role and responsibility of the State to
ensure protection of their rights.****

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The Special Rapporteur concludes with the need to continue the study of this
issue through further consultations towards the operationalization of the
rights of indigenous peoples in the context of natural resource extraction
affecting indigenous territories in order to be able to present a specific
set of guidelines or principles by 2013.****

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