Pitfalls and Pipelines - Philippine Indigenous Peoples Links

Chapter 2.7: International Processes and Complaints Mechanisms
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tion of subsoil resources located subjacent to the traditional lands of
indigenous communities the Committee observes that mere consultation
of these communities prior to exploitation falls short of meeting
the requirements set out in General Comment XXIII on the Rights of
Indigenous Peoples. The Committee therefore recommends that the
prior informed consent of these communities be sought’, quoted in C.
Doyle, 2011, “The Requirement to Obtain FPIC: Natural Evolution or
Groundbreaking Development?” Reflections on the UN Declaration on
the Rights of Indigenous Peoples, Oxford, p. 7.
17
http://www2.ohchr.org/english/bodies/cerd/early-warning.htm; recommendations
with regard to transnational corporations have been made
to Canada, Norway, United States of America & United Kingdom – see
for example, Concluding observations to Canada, CERD/C/CAN/CO/18
25 May 2007, para 17.
18
International Indian Treaty Council, 2008, “Consolidated Indigenous
Shadow Report to UNCERD.” 8 February.
19
Update to CERD on Early Warning/Urgent Action 1(68) &
Concluding Observations 6 (72) (U.S.), August 2008, http://www.wsdp.
org/uploads/5/3/9/0/5390400/aug_2009_cerd_update.pdf.
20
ILO Convention 107 - http://www.ilo.org/ilolex/english/convdisp1.
htm.
21
G. Bennett, n.d. “Aboriginal Rights in International Law.” Occasional
Paper No. 37, 1978, Royal Anthropological Institute of Great Britain
and Ireland, London.
22
ILO Convention 169 – http://www.ilo.org/indigenous/Conventions/
no169/lang—en/index.htm; See also the training tool box on
Convention 169 at http://pro169.org/.
23
ILO Convention 169 (1989) Art 6. Art 15 requires consultation in the
context of exploration or exploitation of subsoil resources.
24
Article 6 which deals with this issue, except in the case of voluntary
displacement, only talks about the duty to consultation, as opposed to
consent. Although it talks about consultation with a view to agreement,
which implies some consent, it is still viewed as weaker than Article 32
of the UN Declaration.
25
At the time of writing, the Convention has been ratified by a total of
20 states, the majority Latin American. Today the list of ratifications
of the Convention is composed of the following countries: Argentina,
Bolivia, Brazil, Central African Republic, Chile, Colombia, Costa Rica,
Denmark, Dominica, Ecuador, Fiji, Guatemala, Honduras, Mexico,
Nepal, Netherlands, Nicaragua, Norway, Paraguay, Peru, Spain, and
Venezuela.
26
ILO, 2007, “Eliminating discrimination against indigenous and tribal
peoples in employment and occupation: A guide to ILO Convention
No. 111.” http://www.ilo.org/wcmsp5/groups/public/---ed_norm/---