Pitfalls and Pipelines - Philippine Indigenous Peoples Links

Appendix 2: Report of the International Expert Group Meeting...
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which can be revoked.
36. Many States maintain contradictory or antiquated laws with
regard to indigenous rights and with regard to mineral, oil
and gas extraction. Domestic laws, in particular those regarding
sacred sites or spiritual areas, the environment, extractive
industries, indigenous recognition, governance, consultation,
corporate trade and investment laws, should be evaluated and
assessed to determine the extent to which they are consistent
or contradictory with the human rights of Indigenous Peoples.
37. In some States where constitutional and legislative protection
have been afforded to indigenous peoples rights,
examples were shared on the roles played by the extractive
industries in shaping the associated implementing rules and
regulations, for example guidelines related to FPIC. This has
led to guidelines which are very insensitive to indigenous peoples
cultures and traditional systems of decision-making and
made it easier for corporations to manipulate and divide the
indigenous communities between themselves.
38. Participants highlighted the gap between governmental
rhetoric and laws and actual implementation of these, including
specifically with regard to self-determination. Such
gaps exist even in States that have progressive laws in place.
Participants noted that, in Bolivia, ILO Convention 169 and
the UN Declaration are national laws and the right to free,
prior and informed consent is enshrined in the constitution.
Nonetheless, implementation is not only dependent on the
national government, it also depends on local governments
and the corporations, themselves. There is strong resistance
from some local governments in respecting and protecting the
rights of indigenous peoples.
39. Indigenous Peoples face significant barriers in accessing
domestic courts. First, most of them barely have resources to
ensure their basic survival, much less to bring their cases to
court. Secondly, members of the judiciary in many countries
are bribed by corporations and are threatened or killed if they
rule in favor of indigenous peoples. States have an obligation
to provide Indigenous Peoples with better access to justice and
maintain and independent judiciary.