Questionnaire for governments, indigenous peoples and organizations, NGOs, business enterprises and other interested parties

Please submit your response preferably via email at indigenous@ohchr.org

Dear Sir/Madame,

CH-1211 GENEVE 10
23 March 2011

I am pleased to address you in my capacity as Special Rapporteur on the rights of indigenous peoples pursuant to United Nations Human Rights Council Resolution15/14 of 30 September 2010.

I am currently carrying out a study on the rights of indigenous peoples in relation to natural resource extraction and development projects affecting them, in light of the high level of information I have received from indigenous peoples expressing concerns about this issue. In my previous reports to the United Nations Human Rights Council, I have examined the duty of states to consult with indigenous peoples about decisions affecting them (A/HRC/12/34) and the responsibilities of corporations whose activities affect indigenous peoples (A/HRC/15/37). I am now building upon these previous reports in order to provide an analysis of the effects of natural resource extraction and development projects on the rights of indigenous peoples, as well as an assessment of the responsibilities of States, corporations and indigenous peoples in this context.

An important component of this study will be the eventual development of a set of guidelines directed at States, corporations and indigenous peoples on the duty to consult with indigenous peoples in relation to natural resource extraction and development projects. With this document, I aim to provide guidance on the steps necessary to ensure that these types of projects are carried out in a way that is consistent with relevant human rights standards on the rights of indigenous peoples, including with respect to lands, territories and natural resources; consultation and free, prior, and informed consent; participation in and control over the design and implementation of project activities; mitigation measures; and benefit sharing.To gather information for the preparation of this study, I have developed a questionnaire for governments, indigenous peoples and organizations, NGOs, business enterprises and other interested parties.

The purpose of this questionnaire is to understand the views, concerns and recommendations of different relevant actors regarding the subject matter of this study, in accordance with the mandate given to me by the Human Rights Council to "examine ways and means of overcoming existing obstacles to the full and effective protection of the rights of indigenous peoples ... and to identify, exchange and promote best practices."

I kindly request that you complete the attached questionnaire. While responses can be submitted in all official languages of the United Nations, responses in English and Spanish would be preferred.

Please submit your response preferably via email at indigenous@ohchr.org or by mail to the Special Rapporteur on the rights of indigenous peoples; c/o OHCHR- UNOG, Office of the High Commissioner for Human Rights, Palais Wilson; 1211 Geneva 10, Switzerland. Should you have any question regarding this request, do not hesitate to contact Ms. Karin Lucke at 022 917 94 31.

Please submit your response no later than 1 May 2011.

Thank you in advance for your time and kind co-operation.

James Anaya Special Rapporteur on the rights of indigenous peoples.

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