Date of publication
Feb. 7, 2018
Document Reference #

A/HRC/37/58/Add.1

Publishing Organization
Special Rapporteur on human rights and the environment - former Independent Expert on human rights and the environment
Document Type
Country Visit Report
Country
Uruguay
Original Document
Protected Area Reference
Relevant paragraphs, or extracts

55. The relationship between those who live in and near protected areas and the government agencies responsible for administering them should be one of mutual support (see A/HRC/25/53/Add.1, para. 44). Moreover, mining permits should result in benefits not only for the country as a whole, but for the local communities most directly affected by the mining. The Government must impose restrictions that ensure that mining activities proceed only if these requirements are met. In relation to Quedabra de los Cuervos, the Government should take steps to rebuild a relationship of trust with the local communities, including by demonstrating that no projects will be allowed to go forward without adequate environmental impact assessment and safeguards to protect against environmental harm, including in particular harm to this protected area.

56. Closely related to the right to public participation are the rights to freedom of expression, peaceful assembly and association. The obligations of States to respect and protect these rights 21 encompass the exercise of the rights in relation to environmental matters (see A/HRC/37/59, annex, framework principle 5). Restrictions on the exercise of these rights are permitted only if they are provided by law and necessary in a democratic society to protect the rights of others, or to protect national security, public order, or public health or morals. Any restrictions must be narrowly tailored to avoid undermining the rights. For example, blanket prohibitions on protests surrounding the operations of mining, forestry or other resource extraction companies are unjustifiable (see A/HRC/29/25, para. 22)

79. Uruguay should fulfil its commitment to ratify the International Labour Organization Indigenous and Tribal Peoples Convention, 1989 (No. 169). Although indigenous peoples constitute a very small percentage of the Uruguayan population, ratifying the Convention would nevertheless provide greater protection to indigenous peoples against the persistence of stereotypes and prejudice against them. Ratification would also highlight the importance of the treaty in the international context, by moving it closer to universal membership