Overview of the activities carried during the first three-year term of the mandate 2011, para. 99
Paragraph
Paragraph text
The principle of due diligence also requires that companies recognize the duty of States to consult indigenous peoples (and, in some cases, to obtain their consent) prior to the adoption of measures that may affect them directly and, in particular, in relation to projects that affect their traditional territories. Companies must not attempt to replace States in situations where international standards require States to bear direct responsibility for holding consultations; indeed, they must promote the full assumption by States of such responsibility. Furthermore, companies would fall short of their due diligence with respect to human rights if they agreed to proceed with specific projects for which the State has failed to carry out an adequate consultation with indigenous peoples.
Legal status
Non-negotiated soft law
Body
Special Rapporteur on the rights of indigenous peoples
Document type
Special Procedures' report
Means of adoption
N.A.
Topic(s)
Governance & Rule of Law
Person(s) affected
Ethnic minorities
Year
2011
Paragraph type
Other
Reference
SR Indigenous Peoples, Report to the UNGA (2011), A/66/288, para. 99.