Search Tips
sorted by
30 shown of 903 entities
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. 28
- Paragraph text
- However, at the same time, article 32 affirms that "indigenous peoples have the right to determine and develop priorities and strategies for the development or use of their lands or territories and other resources". Thus, the Declaration's guarantees under article 32 are aimed not only at avoiding the harm to indigenous peoples that might result when development projects are carried out without their consent, but also at advancing indigenous peoples' own development interests along with those of the larger society, with the objective that indigenous peoples genuinely influence decision-making regarding the development of the countries in which they live.
- Body
- Special Rapporteur on the rights of indigenous peoples
- Document type
- Special Procedures' report
- Topic(s)
- Civil & Political Rights
- Environment
- Governance & Rule of Law
- Social & Cultural Rights
- Person(s) affected
- Ethnic minorities
- Year
- 2010
- Date added
- Aug 19, 2019
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. 36
- Paragraph text
- The Special Rapporteur thus emphasizes that indigenous peoples must be allowed the opportunity to continue to progress and improve decision-making concerning development on their own terms, and to remedy any shortcomings through their own forms of internal regulation and accountability. States and other actors should take care to avoid conditioning their development assistance for indigenous communities on predetermined outcomes that are presumed by the outsiders to be the correct outcomes. In other words, indigenous peoples must be allowed the opportunity to make mistakes, to learn from those mistakes and to build ever greater capacity and wisdom to advance in their own development objectives and choices about the future.
- 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
- Date added
- Aug 19, 2019
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. 37
- Paragraph text
- The Expert Mechanism on the Rights of Indigenous Peoples is in the process of developing a report on one of the core issues concerning indigenous peoples - the right of indigenous peoples to participation in decision-making affecting them. Throughout his work, the Special Rapporteur has noticed a widespread lack of adequate implementation of this right and a need for orientation about the measures necessary to fulfil this right. The Expert Mechanism's study will be instrumental in providing guidance on this important issue and the Special Rapporteur commends the Expert Mechanism for the work that it already has under way as reflected in its progress report (A/HRC/EMRIP/2010/2).
- 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
- 2010
- Date added
- Aug 19, 2019
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. 38
- Paragraph text
- As part of his ongoing coordination with the Expert Mechanism, and during a regional consultation in January 2010 in Chiang Mai, Thailand, organized by the Asia Indigenous Peoples Pact in collaboration with the Expert Mechanism and OHCHR, the Special Rapporteur provided input based on his experiences for the study on the right of indigenous peoples to participation in decision-making. Further, at the most recent session of the Expert Mechanism in Geneva in July 2010, the Special Rapporteur provided some further observations aimed at assisting the Expert Mechanism in its study, and he presents these observations to the General Assembly here.
- 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
- 2010
- Date added
- Aug 19, 2019
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. 39
- Paragraph text
- The right of indigenous peoples to participate in decision-making is both rooted in other basic human rights and essential to the effective enjoyment of those rights. A number of basic human rights principles underpin the right to participate and inform its content. These include, among others, principles of self-determination, equality, cultural integrity and property. Correspondingly, a lack of effective participation by indigenous peoples in decision-making concerning matters that affect them can have a direct impact on, and in many cases directly undermine, their effective enjoyment of other basic human rights, including those just mentioned as well as the rights to health and education.
- Body
- Special Rapporteur on the rights of indigenous peoples
- Document type
- Special Procedures' report
- Topic(s)
- Civil & Political Rights
- Education
- Equality & Inclusion
- Governance & Rule of Law
- Health
- Social & Cultural Rights
- Person(s) affected
- Ethnic minorities
- Year
- 2010
- Date added
- Aug 19, 2019
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. 47
- Paragraph text
- Beyond identifying the normative framework for understanding the right of participation in its various dimensions, it is important to develop workable strategies for implementation of the right. To that end it is useful to take stock of the problems indigenous peoples are facing in exercising the right to participation in its various dimensions, as well as to identify good practices and lessons learned. The Special Rapporteur offers here a few examples of these, which he has encountered in his work. More detailed relevant observations and specific recommendations are included in various of his reports concerning country situations and cases of alleged human rights violations.
- 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
- Date added
- Aug 19, 2019
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. 53
- Paragraph text
- Finally, with respect to indigenous decision-making concerning internal matters, while there are some noteworthy examples of indigenous autonomy and self-government throughout the world, continued efforts by States are needed to promote and consolidate legal recognition and accommodation of indigenous institutions of self-governance. Additionally, there is a need for indigenous peoples themselves to continue to endeavour to strengthen their capacities to control and manage their own affairs and to participate effectively in all decisions affecting them, in a spirit of cooperation and partnership with government authorities at all levels, as well as a need to address any issues of social dysfunction within their communities.
- Body
- Special Rapporteur on the rights of indigenous peoples
- Document type
- Special Procedures' report
- Topic(s)
- Civil & Political Rights
- Governance & Rule of Law
- Social & Cultural Rights
- Person(s) affected
- Ethnic minorities
- Year
- 2010
- Date added
- Aug 19, 2019
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. 54
- Paragraph text
- As noted in the Special Rapporteur's first report to the General Assembly, the Declaration on the Rights of Indigenous Peoples is now the principal instrument of the United Nations system for measuring the human rights conditions of indigenous peoples around the world and identifying action needed to address those conditions. The resolution reauthorizing the mandate of the Special Rapporteur specifically directs the Special Rapporteur to promote the Declaration as a key aspect of his mandate (Human Rights Council resolution 6/12, para. 1(g)).
- 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
- Date added
- Aug 19, 2019
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. 56
- Paragraph text
- Since the adoption of the Declaration in 2007, the very few States that voted against the Declaration have changed or are in the process of reassessing their positions, as noted in paragraphs 12 and 13 above. Furthermore, Colombia and Samoa, two of the States that abstained in the vote on the Declaration, made public statements last year expressing their commitment to the principles expressed in the instrument. The expressions of all these countries undoubtedly contribute to the further strengthening of the international commitment to advancing the rights of indigenous peoples that the Declaration represents.
- 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
- 2010
- Date added
- Aug 19, 2019
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. 60
- Paragraph text
- First, whatever its legal significance, the Declaration has a significant normative weight grounded in its high degree of legitimacy. This legitimacy is a function not only of the fact that it has been formally endorsed by an overwhelming majority of United Nations Member States, but also the fact that it is the product of years of advocacy and struggle by indigenous peoples themselves. The Declaration is the result of a cross-cultural dialogue that took place over decades, in which indigenous peoples took a leading role. The norms of the Declaration substantially reflect indigenous peoples' own aspirations, which after years of deliberation have come to be accepted by the international community.
- 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
- Date added
- Aug 19, 2019
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. 62
- Paragraph text
- Furthermore, even though the Declaration itself is not legally binding in the same way that a treaty is, the Declaration reflects legal commitments that are related to the Charter, other treaty commitments and customary international law. The Declaration builds upon the general human rights obligations of States under the Charter and is grounded in fundamental human rights principles such as non discrimination, self-determination and cultural integrity that are incorporated into widely ratified human rights treaties, as evident in the work of United Nations treaty bodies. In addition, core principles of the Declaration can be seen to be generally accepted within international and State practice, and hence to that extent the Declaration reflects customary international law.
- 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
- Date added
- Aug 19, 2019
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. 65
- Paragraph text
- First, State officials as well as indigenous leaders should receive training on the Declaration and the related international instruments, and on practical measures to implement the Declaration. Along with this training, seminars and conferences should be organized at national and local levels to bring together State officials and indigenous leaders to develop strategies and initiatives for implementation, including measures to address historical grievances, in the spirit of cooperation and reconciliation that the Declaration represents.
- 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
- Date added
- Aug 19, 2019
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. 66
- Paragraph text
- Additionally, States should engage in comprehensive reviews of their existing legislation and administrative programmes to identify where they may be incompatible with the Declaration. This would include a review of all laws and programmes touching upon indigenous peoples' rights and interests, including those related to natural resource development, land, education, administration of justice and other areas. On the basis of such a review, the necessary legal and programmatic reforms should be developed and implemented in consultation with indigenous peoples.
- Body
- Special Rapporteur on the rights of indigenous peoples
- Document type
- Special Procedures' report
- Topic(s)
- Civil & Political Rights
- Environment
- Governance & Rule of Law
- Social & Cultural Rights
- Person(s) affected
- Ethnic minorities
- Year
- 2010
- Date added
- Aug 19, 2019
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. 74b
- Paragraph text
- [Within both of these areas of concern, there is a need for Governments to decidedly fold into development programmes the goal of increasing indigenous self-determination. Enhancing indigenous self-determination is a matter of basic human dignity as well as being conducive to successful practical outcomes. Among the objectives to be pursued in this regard are the following:] Strengthening indigenous peoples' own institutions and self-government structures to empower them to take control of their own affairs in all aspects of their lives and to ensure that development processes are aligned with their own cultural patterns, values, customs and world-views;
- Body
- Special Rapporteur on the rights of indigenous peoples
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Governance & Rule of Law
- Social & Cultural Rights
- Person(s) affected
- Ethnic minorities
- Year
- 2010
- Date added
- Aug 19, 2019
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. 76
- Paragraph text
- Participation in decision-making is a foundational right that at its core provides the basis for the enjoyment of the full range of human rights. Furthermore, a number of basic human rights principles underpin the right to participation and inform its content, including, among others, principles of self-determination, equality, cultural integrity and property. In understanding the right to participation in the context of indigenous peoples, it is useful to distinguish between the external and internal dimensions of the right.
- 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
- Social & Cultural Rights
- Person(s) affected
- Ethnic minorities
- Year
- 2010
- Date added
- Aug 19, 2019
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. 79
- Paragraph text
- In his reports, the Special Rapporteur has provided numerous observations and recommendations regarding specific examples of problems related to the implementation of this second aspect of the external dimension of participation. In many cases, the Special Rapporteur has observed a lack of adequate participation of indigenous peoples in the design, delivery and monitoring of programmes, policies and projects that affect them, at all levels. Moreover, it is evident that throughout the world, indigenous peoples are not adequately consulted, nor is their consent obtained, when decisions affecting their rights or interests are made.
- 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
- Date added
- Aug 19, 2019
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. 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
- Date added
- Aug 19, 2019
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. 81
- Paragraph text
- The internal dimension of the right to participation relates to indigenous peoples' exercise of autonomy or self-government. This dimension of the right includes a corresponding duty of the State to allow indigenous peoples to make their own decisions concerning their internal matters, and to respect those decisions. States should make continued efforts to promote and consolidate legal recognition and accommodation of indigenous institutions of self-governance, in order for indigenous peoples genuinely to take control of their own affairs in all aspects of their lives and to ensure that matters affecting them are aligned with their own cultural patterns, values, customs and world-views.
- 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
- Social & Cultural Rights
- Person(s) affected
- Ethnic minorities
- Year
- 2010
- Date added
- Aug 19, 2019
Paragraph
Corporate responsibility with respect to indigenous rights 2010, para. 26
- Paragraph text
- One of the questions that arises most frequently in the course of the different activities carried out by the Special Rapporteur under his mandate is the impact of corporate activities and in particular those of transnational corporations on the rights of indigenous people. After analysing various situations in different parts of the world, the Special Rapporteur considered that it was necessary to focus his thematic investigation during the past year on that question, with a view to clarifying the responsibility of business in this specific sphere, in accordance with international rules.
- 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
- Date added
- Aug 19, 2019
Paragraph
Corporate responsibility with respect to indigenous rights 2010, para. 27
- Paragraph text
- The role of companies with regard to human rights is a complex question which has provoked growing interest on the part of the international community. This interest has been reflected inter alia by the establishment by the Commission on Human Rights and the subsequent renewal by the Human Rights Council of the mandate of the Special Representative on the issue of human rights and transnational corporations and other business enterprises. The Special Representative has shown particular interest in the role of companies with regard to the human rights of indigenous peoples. The Special Rapporteur and the Special Representative's team have begun to work together on this issue, as was seen at the Sitges expert meeting on mechanisms to prevent and resolve conflicts arising from extractive activities (see paragraph 18 above).
- 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
- 2010
- Date added
- Aug 19, 2019
Paragraph
Corporate responsibility with respect to indigenous rights 2010, para. 28
- Paragraph text
- Despite the common elements characterizing this question, the role of companies with regard to indigenous rights includes a number of specific aspects, as demonstrated by the various initiatives launched by the former Working Group on Indigenous Peoples, the Permanent Forum on Indigenous Issues and the Office of the United Nations High Commissioner for Human Rights. The impact of the so-called "megaprojects" on indigenous peoples was also analysed in a thematic report prepared by the former Special Rapporteur. The various international initiatives carried out to date have analysed how lack of awareness of indigenous rights gives rise repeatedly to serious situations of dispossession, environmental contamination, forced displacement and permanent damage to the culture, spirituality and traditional knowledge of indigenous peoples.
- Body
- Special Rapporteur on the rights of indigenous peoples
- Document type
- Special Procedures' report
- Topic(s)
- Environment
- Governance & Rule of Law
- Movement
- Social & Cultural Rights
- Person(s) affected
- Ethnic minorities
- Year
- 2010
- Date added
- Aug 19, 2019
Paragraph
Corporate responsibility with respect to indigenous rights 2010, para. 30
- Paragraph text
- Such situations are frequently linked to an absence of adequate knowledge on the part of companies about their responsibility with regard to the rights of indigenous peoples and the contents of those rights. In many cases, companies tend to argue that their responsibility is limited to compliance with the legislation in force in the countries in which they are operating; however, this is clearly a limited argument and one that does not provide adequate solutions in cases where existing standards are inadequate or non-existent in relation to international standards or, simply, where the indigenous peoples affected are not officially recognized as such.
- 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
- Date added
- Aug 19, 2019
Paragraph
Corporate responsibility with respect to indigenous rights 2010, para. 33
- Paragraph text
- While there is at present no clear international legal framework concerning corporate responsibility with respect to human rights, the international community as a whole has at least reached a certain normative consensus with regard to the existence of some type of responsibility. This consensus is reflected in the many regulatory and self-regulatory frameworks governing corporate responsibility that have appeared in recent decades, at both the international and domestic level, as well as the standard-setting debate currently under way.
- 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
- 2010
- Date added
- Aug 19, 2019
Paragraph
Corporate responsibility with respect to indigenous rights 2010, para. 34
- Paragraph text
- Above and beyond their legal status, the various existing instruments and mechanisms clearly reflect the existence of social expectations with regard to corporate responsibility and the need to exercise it in relation to human rights. Current international debate on the subject tends to emphasize that corporate responsibility with respect to human rights is related to but fundamentally distinct from States' responsibilities. Indeed, the conceptual framework drawn up by the Special Representative of the Secretary-General distinguishes between three types of duties: the State duty to protect, the corporate responsibility to respect and the shared responsibility to remedy.
- Body
- Special Rapporteur on the rights of indigenous peoples
- Document type
- Special Procedures' report
- Topic(s)
- Economic Rights
- Governance & Rule of Law
- Social & Cultural Rights
- Person(s) affected
- Ethnic minorities
- Year
- 2010
- Date added
- Aug 19, 2019
Paragraph
Corporate responsibility with respect to indigenous rights 2010, para. 41
- Paragraph text
- Regulatory or self-regulatory frameworks governing corporate responsibility with regard to indigenous peoples have been more fully developed than in other specific human rights fields. Various international financial institutions, including the World Bank and its International Finance Corporation (IFC), have developed special performance requirements or policies to encourage public or private companies to ensure a minimum level of respect for international indigenous rights standards in their activities, in such key areas as consulting or territorial rights.
- 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
- Date added
- Aug 19, 2019
Paragraph
Corporate responsibility with respect to indigenous rights 2010, para. 42
- Paragraph text
- Various corporate social responsibility (CSR) initiatives by civil society or by the corporate sector, referring either to individual or sectoral responsibility, include specific standards concerning respect for and promotion of indigenous rights. For example, under its Principles and Criteria for Forest Management, used for forest certification, the Forest Stewardship Council (FSC) has included respect for the customary rights of indigenous peoples to own, use and manage their lands and territories. The multisectoral Global Reporting Initiative (GRI) also includes indigenous rights in its guidelines for the voluntary submission of sustainability reports and specifically in relation to the mining and metals sector. The International Council on Mining and Metals (ICMM), an international organization which brings together leading companies in the sector, has adopted a position statement on mining and indigenous peoples.
- 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
- 2010
- Date added
- Aug 19, 2019
Paragraph
Corporate responsibility with respect to indigenous rights 2010, para. 44
- Paragraph text
- Of particular interest is the fact that a series of important official initiatives have been taken nationally to encourage corporate responsibility with regard to indigenous peoples, either within the countries themselves or in other countries. The Australian Human Rights Commission, for example, has actively promoted negotiations between business and indigenous peoples in the framework of corporate social responsibility. The Human Rights Compliance Assessment (HRCA), developed by the Danish Institute for Human Rights, includes a set of indigenous rights criteria, based on ILO Convention No. 169. Some policies for bilateral cooperation with indigenous peoples, such as those of the Danish International Development Assistance Agency (DANIDA), or the Spanish Agency for International Development Cooperation (AECID), also include a commitment to promote corporate responsibility, including of multinational corporations, in this area.
- 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
- Date added
- Aug 19, 2019
Paragraph
Corporate responsibility with respect to indigenous rights 2010, para. 45
- Paragraph text
- The growing interest shown by various stakeholders in the establishment of regulatory or self-regulatory frameworks in relation to indigenous rights demonstrates awareness of the adverse effects of specific types of business practices on indigenous peoples, and the expectation, increasingly widely shared, that companies bear responsibilities for respecting indigenous rights, as guaranteed by existing international standards. The international community expects companies, as part of the due diligence they must exercise in relation to human rights, to be proactive by identifying the rights of indigenous peoples in the areas in which they operate and by determining how those peoples would be affected by their activities. There is at the same time a clear expectation that companies, in carrying out their activities, will respect indigenous rights, fostering rather than blocking States' compliance with the obligation to protect those rights.
- 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
- Date added
- Aug 19, 2019
Paragraph
Corporate responsibility with respect to indigenous rights 2010, para. 47
- Paragraph text
- As observed by the Special Representative of the Secretary-General, due diligence is not limited to respect for the domestic regulations of States in which companies operate, which are inadequate in many cases, but should be governed by the international standards that are binding on those States and on the international community as a whole. Consequently, companies wishing to exercise due diligence with respect to indigenous rights should be guided in their activities by the rights recognized under the relevant international rules, including the United Nations Declaration and ILO Convention No. 169, even if they operate in countries that have not formally accepted or ratified these rules.
- 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
- Date added
- Aug 19, 2019
Paragraph
Corporate responsibility with respect to indigenous rights 2010, para. 49
- Paragraph text
- One of the fundamental difficulties facing companies that operate in indigenous territories, or whose operations affect those territories, is the absence of formal recognition of indigenous peoples by the State in which they live, or recognition limited solely to certain groups. Nevertheless, a generally accepted principle of international human rights law holds that the existence of distinct ethnic, linguistic or religious groups, including indigenous peoples, can be established by objective criteria and cannot depend on a unilateral decision by a State.
- 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
- Date added
- Aug 19, 2019
Paragraph