A CIDH e sua REDESCA fazem um chamado urgente ao respeito dos direitos dos Povos Indígenas em meio aos impactos das indústrias extrativistas

9 de agosto de 2025

Washington, D.C. - In the context of Indigenous Peoples Week, the Inter-American Commission on Human Rights (IACHR) and the Office of the Special Rapporteur on Economic, Social, Cultural, and Environmental Rights (REDESCA) call upon States to safeguard the rights of Indigenous Peoples against harmful impacts of extractive industry projects in their territories.

During its 193rd Period of Sessions, the IACHR received information highlighting the serious impacts of extractive activities on the human rights of Indigenous Peoples and communities, including those caused by the extraction of critical minerals for energy transition. Indigenous Peoples and their representatives voiced concerns over the expansion of such projects across the region, in part, due to the presumption that extractive projects bring about economic and social benefits for countries, in general, as evidenced by legal presumptions of certain extractive projects as matters of “public utility” or “national interest”. Such presumptions curtail discussions on the actual impacts to communities and their territories.

At the same time, the Commission has documented a concerning pattern of risks faced by land and environment Indigenous defenders in the context of extractive projects. Across the region, reports of criminal proceedings being instituted against community leaders involved in the defense of their territories have proliferated. Often the charges are for crimes with ambiguous or excessively broad definitions and are prosecuted without basic guarantees of due process; entailing harassment for engaging in protest or advocacy. Such actions are often accompanied by deployment of security forces; violent evictions and social conflict where gender-based violence against women, girls, and adolescents can be exacerbated.

These human rights violations highlight the urgent need for States to uphold their international obligation to protect the rights of Indigenous Peoples. These rights include self‑determination, self‑governance, collective property, freedom of expression, judicial remedies, and the right to free, prior, and informed consultation and consent. They should not be weakened under the guise of alleged public interest or economic growth.

The right to development must prioritize sustainability, the well-being of individuals and communities, and the fulfillment of their rights. In this regard, States must exercise adequate supervision over the activities of corporate actors, who are also called to act according to the applicable Inter-American standards on business and human rights and the Principles on Business and Human Rights.

In accordance with the standards, States must exercise regulatory and supervisory functions, and ensure access to justice for human rights violations. At the same time, businesses, in the context of their activities and commercial relations, should bear in mind and respect the right to a healthy environment and the sustainable use and conservation of ecosystems and biological diversity. Special attention should be given to the close relationship between these resources and Indigenous Peoples, among other groups, which is bound up with their worldview, spiritual life, self-determination and own forms of subsistence.

Furthermore, States have the obligation to ensure the right to consultation and to prior, free, and informed consent. They must also conduct environmental and social impact studies through independent entities to protect the special relationship that Indigenous Peoples have with their territories. In addition, States must guarantee the right to reasonable participation in the benefits of any project that affects them. The right of indigenous peoples to collective property over their lands, territories and natural resources must be guaranteed in accordance with the standards developed in this regard within the inter-American human rights system.

The IACHR and REDESCA urge States across the Americas to protect the rights of indigenous women, girls, and adolescents, who face specific impacts in this context. Likewise, they call upon States to reaffirm their commitment to environmental and Indigenous Peoples’ rights by preventing the criminalization of defenders, whose work is particularly essential in the face of environmental degradation and climate change. As recently underscored by the Inter-American Court of Human Rights, States have a special duty to protect environmental human rights defenders and are required to pay particular attention to the heightened risks faced, among others, by Indigenous Peoples.
The urgent call remains for States in the region to fully uphold their obligations in consideration that development must never come at the expense of the rights of Indigenous Peoples and communities. The IACHR reaffirms its commitment to support States in fulfilling their obligations and remains open to all Indigenous communities seeking dialogue and assistance.

The Special Rapporteurship on Economic, Social, Cultural and Environmental Rights is an office created by the Inter-American Commission on Human Rights (IACHR) with the objective of strengthening the promotion and protection of economic, social, cultural, and environmental rights in the Americas, leading the Commission's efforts in this matter.

La CIDH es un órgano principal y autónomo de la Organización de los Estados Americanos (OEA), cuyo mandato surge de la Carta de la OEA y de la Convención Americana sobre Derechos Humanos. La Comisión Interamericana tiene el mandato de promover la observancia y la defensa de los derechos humanos en la región y actúa como órgano consultivo de la OEA en la materia. La CIDH está integrada por siete miembros independientes que son elegidos por la Asamblea General de la OEA a título personal, y no representan sus países de origen o residencia.

No. 158/25

9:00 AM