Pitfalls and Pipelines - Philippine Indigenous Peoples Links

Chapter 2.7: International Processes and Complaints Mechanisms
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authorities of indigenous organizations and institutions, and the protection
of indigenous territories and cultures. 81
Consequently, the Spanish state, in relation to indigenous peoples’ rights,
has proceeded assuming a structural compromise reflected in different
actions as different times, all pointing to the same objective. In the first
place, the Spanish state accepted the commitment and the challenge
of ratifying ILO Convention 169. Later, it has worked intensively within
the framework of the UN for the adoption of the UN Declaration on the
Rights of Indigenous Peoples. Finally, it has reflected its commitment in
its foreign policy, which has been translated into the elaboration of the
Spanish Strategy for Cooperation with Indigenous Peoples.
Therefore, conscious of the problems which are caused by the presence
of Spanish corporations in indigenous territory, and the framework of
strategic action which the Spanish state has developed during the last
few years, it is necessary to assume the extraterritorial application of
international treaties and conventions concerning human rights as a
necessary condition in order to be able to implement the aforementioned
commitments in terms of human rights and, more specifically, the
commitment of the Spanish state to the fulfillment and realization of the
rights of indigenous peoples through ILO Convention 169.
Endnotes
1
United Nations, 2009, State of the World’s Indigenous Peoples, ST/
ESA/328, pp. 1-2, http://www.galdu.org/govat/doc/sowip.pdf.
2
UN Permanent Forum on Indigenous Issues – http://social.un.org/
index/IndigenousPeoples.aspx; IWGIA, 2003, “The Permanent Forum
for Indigenous Peoples: The struggle for a new partnership.” http://
www.iwgia.org/iwgia_files_publications_files/PermanentForum.pdf.
3
EMRIP, 2012, “Follow-up report on indigenous peoples and the right
to participate in decision-making, with a focus on extractive industries.”
Report to the twenty first session of the Human Rights Council, 16
August, A/HRC/21/55.
4
UN Expert Mechanism on the Rights of Indigenous Peoples - http://
www.ohchr.org/EN/Issues/IPeoples/EMRIP/Pages/EMRIPIndex.aspx.
5
S. J. Anaya, 2012, “Report of the Special Rapporteur on the rights
of indigenous peoples to the twenty first session of the Human Rights
Council.” 6 July, A/HRC/21/47, particularly paragraphs 79-81.
6
UN Special Rapporteur on the Rights of Indigenous Peoples – http://
www.ohchr.org/EN/Issues/IPeoples/SRIndigenousPeoples/Pages/