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The right of indigenous peoples to development with culture and identity, the right of indigenous peoples to participation and the obligation of States to implement the United Nations Declaration on the Rights of Indigenous Peoples 2010, para. 80
- Paragraph text
- A third aspect of the external dimension of the right to participation is the involvement of indigenous peoples in decision-making in the international arena. Although indigenous peoples have achieved historic accomplishments at the international level, continued efforts need to be made to ensure the active involvement of indigenous peoples in the development of all international standards and programmes that concern them. Potential reforms within international institutions and platforms of decision-making that affect indigenous peoples' lives should be closely examined, and measures should be taken or strengthened to provide financial and other support to enable indigenous peoples to participate effectively at the international level.
- Body
- Special Rapporteur on the rights of indigenous peoples
- Document type
- Special Procedures' report
- Topic(s)
- Civil & Political Rights
- Equality & Inclusion
- Governance & Rule of Law
- Person(s) affected
- Ethnic minorities
- Year
- 2010
- Paragraph type
- Conclusion / Recommendation
Paragraph
Corporate responsibility with respect to indigenous rights 2010, para. 83
- Paragraph text
- As a result, the international community now holds the expectation, increasingly shared by all the stakeholders directly involved, including business itself, that companies bear certain responsibilities with respect to indigenous rights. Within the conceptual framework drawn up by the Special Representative of the Secretary-General on human rights and transnational corporations and other business enterprises - protect, respect and remedy - companies have, at the very least, the duty to comply with international standards relating to the human rights of indigenous peoples.
- Body
- Special Rapporteur on the rights of indigenous peoples
- Document type
- Special Procedures' report
- Topic(s)
- Economic Rights
- Equality & Inclusion
- Governance & Rule of Law
- Person(s) affected
- Ethnic minorities
- Year
- 2010
- Paragraph type
- Conclusion / Recommendation
Paragraph
Corporate responsibility with respect to indigenous rights 2010, para. 84
- Paragraph text
- As part of their responsibility to respect indigenous rights, companies must exercise due diligence by identifying legal, institutional or other factors that have an impact on the effective enjoyment of the rights of indigenous peoples in the countries in which such companies operate; evaluating effectively the possible negative impact their activities may have on indigenous rights; and ensuring that such activities do not contribute to acts or omissions by States and other stakeholders that might give rise to abuses of those rights.
- Body
- Special Rapporteur on the rights of indigenous peoples
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Governance & Rule of Law
- Person(s) affected
- Ethnic minorities
- Year
- 2010
- Paragraph type
- Conclusion / Recommendation
Paragraph
Corporate responsibility with respect to indigenous rights 2010, para. 81
- Paragraph text
- The absence of clarity with respect to corporate responsibility, especially transnational corporate responsibility, in relation to indigenous rights is the source of numerous abuses worldwide. The implementation of corporate activities without taking account of those rights, as they are recognized under international rules, has given rise to highly negative impacts on the environment and the economic, social, cultural and spiritual life of indigenous peoples. Such irresponsible corporate activity, sometimes abetted or simply ignored by the Governments concerned, continues to engender serious social conflicts in areas where indigenous peoples live.
- Body
- Special Rapporteur on the rights of indigenous peoples
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Social & Cultural Rights
- Person(s) affected
- Ethnic minorities
- Year
- 2010
- Paragraph type
- Conclusion / Recommendation
Paragraph
Extractive industries operating within or near indigenous territories 2011, para. 85
- Paragraph text
- The responses received to the Special Rapporteur's questionnaire reveal a number of State legal and institutional frameworks, domestic court decisions, business internal policies and pilot projects that address or are relevant to indigenous peoples' rights in the context of extractive industries. In the opinion of the Special Rapporteur, these various initiatives deserve careful consideration and may provide useful guidance when devising effective models for securing the rights of indigenous peoples in the extractive projects affecting them.
- Body
- Special Rapporteur on the rights of indigenous peoples
- Document type
- Special Procedures' report
- Topic(s)
- Environment
- Governance & Rule of Law
- Person(s) affected
- Ethnic minorities
- Year
- 2011
- Paragraph type
- Conclusion / Recommendation
Paragraph
The need to harmonize activities affecting indigenous peoples within the United Nations system 2012, para. 80
- Paragraph text
- A wide range of institutions and processes exist within the United Nations system, which affect indigenous peoples and which have an important role to play in the promotion of their human rights. The activities of various agencies, funds, programmes and human rights bodies and mechanisms, in addition to the mechanisms with mandates specific to indigenous peoples (the Permanent Forum on Indigenous Issues, the Expert Mechanism on the Rights of Indigenous Peoples and the Special Rapporteur on the rights of indigenous peoples), touch upon indigenous issues.
- Body
- Special Rapporteur on the rights of indigenous peoples
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Social & Cultural Rights
- Person(s) affected
- Ethnic minorities
- Year
- 2012
- Paragraph type
- Conclusion / Recommendation
Paragraph
Extractive industries and indigenous peoples 2013, para. 88
- Paragraph text
- Whether or not indigenous consent is a strict requirement in particular cases, States should ensure good faith consultations with indigenous peoples on extractive activities that would affect them and engage in efforts to reach agreement or consent. In any event, the State remains bound to respect and protect the rights of indigenous peoples and must ensure that other applicable safeguards are implemented as well, in particular steps to minimize or offset any limitation on the rights through impact assessments, measures of mitigation, compensation and benefit sharing.
- Body
- Special Rapporteur on the rights of indigenous peoples
- Document type
- Special Procedures' report
- Topic(s)
- Economic Rights
- Environment
- Governance & Rule of Law
- Person(s) affected
- Ethnic minorities
- Year
- 2013
- Paragraph type
- Conclusion / Recommendation
Paragraph
Rights of indigenous peoples on the impact of international investment and free trade on the human rights of indigenous peoples 2015, para. 77a
- Paragraph text
- [Concerning the reform of investment and free trade practices, the Special Rapporteur recommends that:] Based on the principle of free, informed and prior consent, as set out in the United Nations Declaration on the Rights of Indigenous Peoples and ILO Convention No. 169, Member States explore, jointly with affected indigenous peoples, participatory mechanisms that will allow them to take part in or at least comment on the negotiation and drafting of all relevant investment and free trade agreements. That should be included as part of broader efforts to increase the level of social dialogue involved in the negotiation and drafting of such agreements;
- Body
- Special Rapporteur on the rights of indigenous peoples
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Person(s) affected
- Ethnic minorities
- Year
- 2015
- Paragraph type
- Conclusion / Recommendation
Paragraph
Analysis of the impacts of international investment agreements on the rights of indigenous peoples 2016, para. 83
- Paragraph text
- The Special Rapporteur believes that it is possible to develop a system of international investment law that reduces risk to indigenous peoples' rights and serves to benefit them and the State, while providing greater investment security to foreign investors. Both short- and longer-term reforms, at the level of international investment law and in domestic regulatory frameworks of home and host States, and in the policies, practices and obligations of investors, will be necessary in order to realize this.
- Body
- Special Rapporteur on the rights of indigenous peoples
- Document type
- Special Procedures' report
- Topic(s)
- Economic Rights
- Governance & Rule of Law
- Person(s) affected
- Ethnic minorities
- Year
- 2016
- Paragraph type
- Conclusion / Recommendation
Paragraph
Analysis of the impacts of international investment agreements on the rights of indigenous peoples 2016, para. 101
- Paragraph text
- International and regional human rights bodies should continue to issue recommendations addressing the responsibilities of home and host States to regulate corporate behaviour and consider developing general recommendations or advisory opinions on the responsibility of home States in relation to indigenous peoples' rights and the intersection of investment protection and human rights.
- Body
- Special Rapporteur on the rights of indigenous peoples
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Person(s) affected
- Ethnic minorities
- Year
- 2016
- Paragraph type
- Conclusion / Recommendation
Paragraph
Ongoing obstacles to the full realization of indigenous peoples’ rights; vision for the mandate 2014, para. 63
- Paragraph text
- With respect to the difficulties involved in identifying practical steps for implementation, it is important that States, together with indigenous peoples, carry out strategic planning, develop monitoring mechanisms and indicators, and identify what has worked and try to replicate successful experiences.
- Body
- Special Rapporteur on the rights of indigenous peoples
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Governance & Rule of Law
- Person(s) affected
- Ethnic minorities
- Year
- 2014
- Paragraph type
- Conclusion / Recommendation
Paragraph
Ongoing obstacles to the full realization of indigenous peoples’ rights; vision for the mandate 2014, para. 64
- Paragraph text
- A third barrier to the full and effective realization of the rights of indigenous peoples is steps that have not yet been taken towards reconciliation with indigenous peoples and redress for past violations of their human rights.
- Body
- Special Rapporteur on the rights of indigenous peoples
- Document type
- Special Procedures' report
- Topic(s)
- Civil & Political Rights
- Equality & Inclusion
- Governance & Rule of Law
- Person(s) affected
- Ethnic minorities
- Year
- 2014
- Paragraph type
- Conclusion / Recommendation
Paragraph
The right of indigenous peoples to development with culture and identity, the right of indigenous peoples to participation and the obligation of States to implement the United Nations Declaration on the Rights of Indigenous Peoples 2010, para. 84
- Paragraph text
- It is all too apparent that a great deal remains to be done to see the objectives of the Declaration become a reality in the everyday lives of the indigenous peoples of the world. Today, the Declaration serves more as a reminder of how far there is to go in bringing justice and dignity to the lives of indigenous peoples than a reflection of what has actually been achieved on the ground.
- Body
- Special Rapporteur on the rights of indigenous peoples
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Social & Cultural Rights
- Person(s) affected
- Ethnic minorities
- Year
- 2010
- Paragraph type
- Conclusion / Recommendation
Paragraph
The right of indigenous peoples to development with culture and identity, the right of indigenous peoples to participation and the obligation of States to implement the United Nations Declaration on the Rights of Indigenous Peoples 2010, para. 85
- Paragraph text
- Implementation of the Declaration should be regarded as a political, moral and legal imperative without qualification, within the framework of the human rights objectives of the Charter of the United Nations. The significance of the Declaration is not to be diminished by assertions of its technical status as a resolution that in itself has a non-legally binding character.
- Body
- Special Rapporteur on the rights of indigenous peoples
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Social & Cultural Rights
- Person(s) affected
- Ethnic minorities
- Year
- 2010
- Paragraph type
- Conclusion / Recommendation
Paragraph
Violence against indigenous women and girls; rights of indigenous peoples in relation to extractive industries 2012, para. 81
- Paragraph text
- The "protect, respect and remedy" framework, which is incorporated into the Guiding Principles on Business and Human Rights, should apply to advance the specific rights of indigenous peoples in the same way as it applies to advance human rights more generally, when those rights are affected or potentially affected by business activities, including extractive industries.
- Body
- Special Rapporteur on the rights of indigenous peoples
- Document type
- Special Procedures' report
- Topic(s)
- Environment
- Equality & Inclusion
- Person(s) affected
- Ethnic minorities
- Year
- 2012
- Paragraph type
- Conclusion / Recommendation
Paragraph
Violence against indigenous women and girls; rights of indigenous peoples in relation to extractive industries 2012, para. 86
- Paragraph text
- Lastly, there is a fundamental problem with the current model of natural resource extraction in which the plans are developed by the corporation, with perhaps some involvement by the State, but with little or no involvement of the affected indigenous community or people, and in which the corporation is in control of the extractive operation and is the primary beneficiary of it.
- Body
- Special Rapporteur on the rights of indigenous peoples
- Document type
- Special Procedures' report
- Topic(s)
- Environment
- Person(s) affected
- Ethnic minorities
- Year
- 2012
- Paragraph type
- Conclusion / Recommendation
Paragraph
Strengthening commitment to the Declaration on the Rights of Indigenous Peoples and its implementation 2013, para. 83
- Paragraph text
- The Secretariat, States and other relevant actors should encourage and support innovation and flexibility in the work methods employed by the Special Rapporteur and his successor mandate holders, when those work methods and their objectives are clearly within the terms his mandate by the Human Rights Council and consistent with the Council's Code of Conduct for special procedures mandate holders.
- Body
- Special Rapporteur on the rights of indigenous peoples
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Person(s) affected
- Ethnic minorities
- Year
- 2013
- Paragraph type
- Conclusion / Recommendation
Paragraph
Strengthening commitment to the Declaration on the Rights of Indigenous Peoples and its implementation 2013, para. 85
- Paragraph text
- Efforts should be made to more broadly and effectively disseminate the reports of the Special Rapporteur, especially country reports and reports on cases of alleged human rights violations, and to develop strategies and methods to use the recommendations of the Special Rapporteur to effect positive change. States should, as a matter of course, disseminate to all relevant officials, interested parties and the public, those reports that concern them.
- Body
- Special Rapporteur on the rights of indigenous peoples
- Document type
- Special Procedures' report
- Topic(s)
- Civil & Political Rights
- Governance & Rule of Law
- Person(s) affected
- Ethnic minorities
- Year
- 2013
- Paragraph type
- Conclusion / Recommendation
Paragraph
Strengthening commitment to the Declaration on the Rights of Indigenous Peoples and its implementation 2013, para. 86
- Paragraph text
- The Special Rapporteur has promoted and enjoyed a notable level of cooperation with the Permanent Forum on Indigenous Issues, the Expert Mechanism on the Rights of Indigenous Peoples, other United Nations institutions, and regional human rights mechanisms. Greater efforts should be made, however, to systematize methods of cooperation, especially in regard to the flow of information on matters of mutual concern.
- Body
- Special Rapporteur on the rights of indigenous peoples
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Social & Cultural Rights
- Person(s) affected
- Ethnic minorities
- Year
- 2013
- Paragraph type
- Conclusion / Recommendation
Paragraph
Ongoing obstacles to the full realization of indigenous peoples’ rights; vision for the mandate 2014, para. 65
- Paragraph text
- There is no one path or fast track towards reconciliation, and the history and context of each country will necessarily make the response vary. However, the process generally includes acknowledging a history of wrongdoing, taking affirmative steps to provide redress for and to remedy the ongoing manifestations of past harm, and implementing measures to ensure the non-recurrence of violations.
- Body
- Special Rapporteur on the rights of indigenous peoples
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Governance & Rule of Law
- Person(s) affected
- Ethnic minorities
- Year
- 2014
- Paragraph type
- Conclusion / Recommendation
Paragraph
Rights of indigenous peoples on the impact of international investment and free trade on the human rights of indigenous peoples 2015, para. 78b
- Paragraph text
- [Concerning deeper systemic reform, the Special Rapporteur recommends that Member States:] Participate actively in the Open-ended intergovernmental working group on transnational corporations and other business enterprises with respect to human rights, established by the Human Rights Council in its resolution 29/6, to elaborate on a legally binding instrument and develop ways to strengthen legal accountability and remedy for corporate violations of human rights;
- Body
- Special Rapporteur on the rights of indigenous peoples
- Document type
- Special Procedures' report
- Topic(s)
- Economic Rights
- Governance & Rule of Law
- Person(s) affected
- Ethnic minorities
- Year
- 2015
- Paragraph type
- Conclusion / Recommendation
Paragraph
Analysis of the impacts of international investment agreements on the rights of indigenous peoples 2016, para. 93b
- Paragraph text
- In accordance with the recommendations of the Special Rapporteur in her 2015 report to the General Assembly (A/70/301): (b) Human rights impact assessments should be conducted of all trade and investment agreements, following the impact assessments carried out as part of the Guiding Principles on Business and Human Rights developed by the Special Rapporteur on the right to food.
- Body
- Special Rapporteur on the rights of indigenous peoples
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Food & Nutrition
- Governance & Rule of Law
- Person(s) affected
- Ethnic minorities
- Year
- 2016
- Paragraph type
- Conclusion / Recommendation
Paragraph
Analysis of the impacts of international investment agreements on the rights of indigenous peoples 2016, para. 86b
- Paragraph text
- International investment agreements must include properly constructed clauses in relation to the right to regulate. These clauses should: (b) Preserve that right in a manner explicitly consistent with the State duties to protect, respect and fulfil indigenous peoples' rights in accordance with international law obligations, including international human rights law;
- Body
- Special Rapporteur on the rights of indigenous peoples
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Person(s) affected
- Ethnic minorities
- Year
- 2016
- Paragraph type
- Conclusion / Recommendation
Paragraph
Analysis of the impacts of international investment agreements on the rights of indigenous peoples 2016, para. 98b
- Paragraph text
- International investment agreements should: (b) Protect only bona fide investments. If evidence exists of inadequate human rights due diligence or corporate contribution to indigenous rights harms, there should be express provisions for the denial of the benefits of investor protection in terms of access to investor-State dispute settlements through a duty on tribunals to decline jurisdiction, with mechanisms to vitiate corporate rights in such contexts;
- Body
- Special Rapporteur on the rights of indigenous peoples
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Person(s) affected
- Ethnic minorities
- Year
- 2016
- Paragraph type
- Conclusion / Recommendation
Paragraph
Analysis of the impacts of international investment agreements on the rights of indigenous peoples 2016, para. 99b
- Paragraph text
- States should consider: (b) Developing a mechanism for reviewing corporate compliance with their responsibility to respect human rights, drawing from existing processes, including United Nations treaty and charter bodies, OECD national contact points and international financial institutions' inspection panels, with a view to ensuring due weight is given to findings in any related investment dispute claims.
- Body
- Special Rapporteur on the rights of indigenous peoples
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Person(s) affected
- Ethnic minorities
- Year
- 2016
- Paragraph type
- Conclusion / Recommendation
Paragraph
Extractive industries and indigenous peoples 2013, para. 83
- Paragraph text
- Indigenous individuals and peoples have the right to oppose and actively express opposition to extractive projects promoted by the State or third party business interests. Indigenous peoples should be able to oppose or withhold consent to extractive projects free from reprisals or acts of violence, or from undue pressures to accept or enter into consultations about extractive projects.
- Body
- Special Rapporteur on the rights of indigenous peoples
- Document type
- Special Procedures' report
- Topic(s)
- Economic Rights
- Environment
- Person(s) affected
- Ethnic minorities
- Year
- 2013
- Paragraph type
- Conclusion / Recommendation
Paragraph
Analysis of the impacts of international investment agreements on the rights of indigenous peoples 2016, para. 98a
- Paragraph text
- International investment agreements should: (a) Address the corporate responsibility to respect human rights, including the requirement to conduct human rights due diligence, and to prevent, mitigate and remedy human rights' harms in which they may be involved, in particular in relation to vulnerable groups such as indigenous peoples;
- Body
- Special Rapporteur on the rights of indigenous peoples
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Person(s) affected
- Ethnic minorities
- Year
- 2016
- Paragraph type
- Conclusion / Recommendation
Paragraph
Rights of indigenous women and girls 2015, para. 80b
- Paragraph text
- [Recommendations to Member States] [With regard to monitoring and accountability, Member States should:] Invest in research and data collection systems to collect data disaggregated by gender, ethnicity or race, religion, language and territory or geographical area. Such data collection and research should include information on human rights violations, with particular focus on the situation of women and girls;
- Body
- Special Rapporteur on the rights of indigenous peoples
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Person(s) affected
- Ethnic minorities
- Girls
- Women
- Year
- 2015
- Paragraph type
- Conclusion / Recommendation
Paragraph
Corporate responsibility with respect to indigenous rights 2010, para. 85
- Paragraph text
- Due diligence exercised by companies in relation to indigenous rights include, first, the identification of the indigenous peoples that might be affected by their activities, including in States that do not recognize, or recognize solely in a limited fashion, the indigenous peoples living within their borders. For the purposes of such identification, companies must apply the international criteria which define the category of indigenous peoples and provide the grounds for a series of specific rights.
- Body
- Special Rapporteur on the rights of indigenous peoples
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Governance & Rule of Law
- Person(s) affected
- Ethnic minorities
- Year
- 2010
- Paragraph type
- Conclusion / Recommendation
Paragraph
Extractive industries operating within or near indigenous territories 2011, para. 89
- Paragraph text
- In view of the above, when considering the Special Rapporteur's future action, the Human Rights Council may wish to entrust him with the specific task of working towards the operationalization of the rights of indigenous peoples and related institutional guarantees in the context of natural resource extraction and development projects affecting indigenous territories, with the aim of his presenting to the Council a set of specific guidelines or principles in 2013. The Council may further consider the necessity of affording additional support to the Special Rapporteur in performing this task.
- Body
- Special Rapporteur on the rights of indigenous peoples
- Document type
- Special Procedures' report
- Topic(s)
- Environment
- Governance & Rule of Law
- Person(s) affected
- Ethnic minorities
- Year
- 2011
- Paragraph type
- Conclusion / Recommendation
Paragraph