James Anaya





Report A/HRC/24/41, Extractive industries and indigenous peoples. Report of the Special Rapporteur on the rights of indigenous peoples Print
01 July 2013


Extractive industries and indigenous peoples

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

Report to the Human Rights Council A/HRC/24/41, 2013



This is the final thematic report of James Anaya, the Special Rapporteur on the rights of indigenous peoples, to the Human Rights Council. Building upon previous reports, it addresses the human rights concerns of indigenous peoples relating to extractive industries. The Special Rapporteur seeks to further advance understanding of the content and implications of international human rights standards that are relevant to these concerns, identifying and building upon points of consensus that he has found in relation to these standards. He provides a series of observations and recommendations that draw from the experiences he has studied, and that point to new models for resource extraction that are or would be consistent with international standards and conducive to the fulfilment of indigenous peoples’ rights. The report does not address the issues and human rights standards that are particular to indigenous peoples in voluntary isolation.

Report A/HRC/21/47, 2012 Print


Observations relevant to contributing to shared understanding about relevant international standards and their application:

1. The Need for an approach that comprehensively takes account of the rights that may be affected by extractive operations
2. Duty of States to protect and the responsibility of corporations to respect the human rights of indigenous peoples in relation to extractive activities.
3. Consultation and consent in relation to the State duty to protect and the corporate responsibility to respect.
4. Towards new models of development for resource extraction.

Report on progress in the study of the rights of indigenous peoples in relation to extractive industries.


Report A/HRC/18/35, 2011 Print


Extractive industries that operate within or near indigenous territories

In his 2011 report, the Special Rapporteur presented a synthesis of the responses he received to a Questionnaire about extractive industries that operate within or near indigenous territories. Responses received from indigenous organizations, NGOs, companies, and governments led to the identification of the following issues related to extractive industries:

- Environmental impacts
- Social and cultural effects
- Lack of consultation and participation
- Lack of clear regulatory frameworks and other institutional weakness
- The question of tangible benefits


Report A/HRC/15/37, 2010 Print


A/HRC/15/37 19 July 2010

In the 2010 report to the Human Rights Council, the Special Rapporteur addressed the following themes related to extractive industries:

A. Corporate responsibility with respect to indigenous rights

B. International standards relating to corporate responsibility to respect indigenous rights

C. Due diligence and the duty to respect indigenous rights.

Report.  PDF version


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