Pitfalls and Pipelines - Philippine Indigenous Peoples Links

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276 Pitfalls and Pipelines: Indigenous Peoples and Extractive Industries has been set up to research the issue and implementing the United Nations “Protect, Respect and Remedy” Framework (the section on voluntary codes explains this further). It plans to hold a forum once a year, which should allow input from the victims of abuses perpetrated by multinational corporations. 12 Treaty-Based Human Rights Mechanisms There are 10 Treaty bodies that monitor implementation of the core international human rights treaties. These include relevant mechanisms such as the Committee on Economic, Social and Cultural Rights (CESCR) and the Committee on the Elimination of Discrimination against Women (CEDAW). 13 The CESCR in its recommendations to Ecuador and Colombia asserted that indigenous peoples’ consent is required in the context of extractive industry projects. 14 In 2009, the case of Poma-Poma v Peru was brought before the Human Rights Committee, using the Optional Protocol International Covenant on Civil and Political Rights (ICCPR). The Human Rights Committee stated that for indigenous participation in decision making to be effective their FPIC was required and that “mere consultation” was inadequate to ensure protection of their rights under Article 27 ICCPR. 15 With regard to the Treaty bodies, however, the Committee on the Elimination of All Forms of Racial Discrimination (CERD) is a particularly important and relevant structure for indigenous peoples. This is because in its role dealing with racial discrimination, it has clearly defined its responsibility for addressing the rights of indigenous peoples. One of the roles of treaty bodies is clarifying issues around the conventions (treaties) on which they are based, in what are called General Comments. The CERD published its General Comment 23 on Indigenous Peoples. It has many strong statements in it, including the CERD’s view that there is a requirement for free, prior, informed consent (FPIC) where rights will be affected, which has been hugely beneficial in establishing FPIC as a global standard. 16 The CERD meets twice a year in Geneva, and there are three ways it can be useful. It conducts periodic reviews of
Chapter 2.7: International Processes and Complaints Mechanisms 277 states, in a similar fashion to the UPR. The CERD has made a number of recommendations to states in its concluding observations where land rights and extractive industries feature. These include recommendations that states who are home countries of multinational corporations should enact legislation to ensure that those corporations are held accountable for violating the rights of indigenous peoples abroad. On top of this the CERD provides a mechanism for individual complaints, through its Early-Warning Measures and Urgent Procedures. The Early-Warning Measures aim to prevent problematic situations escalating into conflicts, and the Urgent Procedures aim to respond to problems requiring immediate attention to prevent or limit the scale or number of serious violations of the Convention. Finally, citizens of those states that have signed the special protocol of the ICERD are able to file individual complaints and have them judged by CERD with binding decisions. 17 Carrie Dann, a Western Shoshone Nation elder, after a decision to a submission made to the Committee, affirmed the use of the CERD in relation to their struggle over mining: “The struggle of the Western Shoshone Nation is the struggle of all indigenous peoples. It is not just about abuse of power and economics –- it is about the stripping away of our spirit… The UNCERD decision confirms what the Western Shoshone and other indigenous peoples have been saying for a very long time.” 18 As noted in the case study in Chapter 2.6, however, despite the surprisingly strongly worded recommendations from the CERD in this case, the US government has still failed to take the relevant action to remedy the situation. 19 International Labor Organization The International Labor Organization (ILO) is the international organization responsible for drawing up and overseeing international labor standards. The ILO has a tripartite structure involving the participation of workers, employers and governments. In parallel to the processes described
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