Votes and Human Rights Remedies

Human Rights Issues in Resource Development Disputes

Disputes at the local level over proposed resource development projects often involve claims of human rights violations. These claims tend to fall into two categories. The first category is that of individuals, often leaders and organizers, whose civil and political rights may be violated as a result of their opposition to a proposed project. Protecting the Rights of Environmental Defenders is a separate resource section for those individuals.

The second category is that of communities whose members believe that their rights of self-determination and participation in decisions that affect their environment and way of life are being violated. Other community rights that may be violated include the right to a healthy environment, right to property, right to health, right to culture, or specific rights as indigenous people. A brief introduction to the main international and regional human rights laws, human rights bodies, and human rights enforcement mechanisms is provided below for the benefit of those communities.

The United Nations Human Rights System

International Covenant on Civil and Political Rights (ICCPR), and the Human Rights Council

Governments that have ratified the ICCPR are obligated to respect and ensure to all individuals under their jurisdiction all the rights contained within the ICCPR. Article 1 of the ICCPR states that all peoples have the right of self-determination and are free to pursue their own political, economic and social development; and that they have the right to freely dispose of their natural resources and may not be deprived of their own means of subsistence. The right to political participation and to vote in fair elections is ensured by Article 25.

United Nations bodies that monitor and enforce international human rights treaties can, under some circumstances, receive complaints from individuals or groups. Violations of the rights protected by the ICPPR can be pursued by the citizens of the many countries that allow individual complaints to be pursued against them through the Human Rights Committee.

Convention on the Elimination of Racial Discrimination (CERD)

This treaty prohibits any distinction based on race, color, descent, or national or ethnic origin which has the effect of impairing the exercise of human rights. The Committee on the Elimination of Racial Discrimination hears individual complaints against those countries that have agreed to subject themselves to its jurisdiction.

Special Rapporteur on the situation of human rights and fundamental freedoms of indigenous people

In appropriate cases, groups may contact and submit information to the Special Rapporteur on the Situation of Human Rights and Fundamental Freedoms of Indigenous People. The Special Rapporteur undertakes country visits, exchanges information with governments concerning alleged violations of the rights of indigenous peoples, and undertakes activities to follow-up on the recommendations included in his reports.

Basic Principles on Displacement, and the Special Rapporteur on Adequate Housing

Resource development projects often result in the displacement of communities. While governments bear primary responsibility to the communities displaced by these "forced evictions," the U.N.'s Basic principles and guidelines on development-based evictions and displacement reference the obligations of financial institutions and transnational corporations as well.

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Indigenous peoples have the right to... fair procedures for the resolution of conflicts with States or others, and effective remedies for violations of their rights.

- Declaration on the Rights of Indigenous Peoples,
article 40