‘Indigenous Rights under the light of Energy Exploitation’ 56 (2013) German Yearbook of International Law 315-350 by Alexandra Xanthaki
This article discusses how energy exploitation impacts on indigenous peoples’ rights. The article argues that the current focus in the international arena and the literature on indigenous rights of participation and consultation and the special attention that the free, prior and informed consent attracts may minimise the importance that States Original PDF (64 minute read) Summary NEW how a Canadian company got the agreement of indigenous peoples by intimidating them and by supporting the creation of a union of farmers that voted in favor of its energy project. Similarly, the judgment in K. Indigenous Peoples v. Ecudor explains how the private oil company tried to get the indigenous community’s formal support by giving money to individuals, promising health care in exchange of agreeing to the continuation of the oil exploration project, forming support groups and offering jobs and gifts to indigenous individuals.‘The Special Rapporteur has also discussed such tactics… the UN Committee on Economic, Social and Cultural Rights highlighted that in Panama consultations with indigenous peoples were left Lin the hands of the private firms carrying out such projects and that the agreements reached were not in conformity with the international standards and cited as an example the Chan/ hydroelectric project. The Committee recommended La careful examination of these agreements to check whether they comply with international standards and, if this is not the case, to develop mechanisms in order to negotiate appropriate agreements for those communities. The Committee on the Elimination of Racial Discrimination has expressed its deep concern at the growing tensions between outsiders and indigenous peoples over the exploitation of natural resources, especially mines and has criticised draft legislation that falls below international law standards.
Alexandra Xanthaki Faculty MemberAlexandra is a Professor of Law at Brunel University London. ~She has been recognised for her work on the rights of minorities and indigenous peoples in international law. Her monograph Indigenous Rights and United Nations Standards: Self-determinati … more ▾