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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
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
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
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
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
Violence against indigenous women and girls; rights of indigenous peoples in relation to extractive industries 2012, para. 87
- Paragraph text
- The Special Rapporteur is convinced that new and different models and business practices for natural resource extraction need to be examined, models that are more conducive to indigenous peoples' self-determination and their right to pursue their own priorities for development. In his future work on extractive industries, the Special Rapporteur plans to examine various models of natural resource extraction in which indigenous peoples have greater control and benefits than is typically the case under the standard corporate model, drawing on a review of the experiences of indigenous peoples in various locations.
- 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
- 2012
- Paragraph type
- Conclusion / Recommendation
Paragraph
Extractive industries and indigenous peoples 2013, para. 90
- Paragraph text
- Conditions for States or third party business enterprises to achieve and sustain agreements with indigenous peoples for extractive projects include: adequate State regulatory regimes (both domestic and with extraterritorial implications) that are protective of indigenous peoples' rights; indigenous participation in strategic State planning on natural resource development and extraction; corporate due diligence; fair and adequate consultation procedures; and just and equitable terms for the agreement.
- 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
Analysis of the impacts of international investment agreements on the rights of indigenous peoples 2016, para. 87
- Paragraph text
- Mechanisms should be developed to amend existing international investment agreements to include the right to regulate and to mandate respect for 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
- 2016
- Paragraph type
- Conclusion / Recommendation
Paragraph
Analysis of the impacts of international investment agreements on the rights of indigenous peoples 2016, para. 103d
- Paragraph text
- Host States must comply with their duty to regulate in relation to indigenous peoples' rights to: (d) Good-faith prior consultation to give or withhold free, prior and informed consent in relation to measures affecting their 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
- 2016
- Paragraph type
- Conclusion / Recommendation
Paragraph
Analysis of the impacts of international investment agreements on the rights of indigenous peoples 2016, para. 106
- Paragraph text
- International financial institutions, including the World Bank, must implement their performance standards in a manner consistent with developments in international human rights law standards, including in relation to the requirement for free, prior and informed consent.
- 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
- 2016
- 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. 73
- Paragraph text
- The second area of concern relates to development initiatives targeted specifically at reducing the disadvantages experienced by indigenous peoples and improving their social and economic well-being. These initiatives all too often fail to properly incorporate indigenous peoples in the design and delivery of the programmes in a way that advances their self-determination and their rights to maintain their distinct cultural identities, languages and connections with their traditional lands.
- Body
- Special Rapporteur on the rights of indigenous peoples
- Document type
- Special Procedures' report
- Topic(s)
- Economic Rights
- Equality & Inclusion
- Social & Cultural Rights
- Person(s) affected
- Ethnic minorities
- Year
- 2010
- Paragraph type
- Conclusion / Recommendation
Paragraph
Extractive industries and indigenous peoples 2013, para. 89
- Paragraph text
- For their part, extractive companies should adopt policies and practices to ensure that all aspects of their operations are respectful of the rights of indigenous peoples, in accordance with international standards and not just domestic law, including with regard to requirements of consultation and consent. Companies should conduct due diligence to ensure that their actions will not violate or be complicit in violating indigenous peoples' rights, identifying and assessing any actual or potential adverse human rights impacts of a resource extraction project.
- 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
Rights of indigenous peoples on the impact of international investment and free trade on the human rights of indigenous peoples 2015, para. 75
- Paragraph text
- The need for wholesale and collective change is not, however, at odds with more immediate and incremental reform. The Special Rapporteur is also interested in the potential of emerging positive practices in relation to international investment agreements and believes that there are immediate steps States can take individually to better protect the rights of indigenous peoples.
- 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. 95
- Paragraph text
- States should negotiate international investment agreements in accordance with their international cooperative on obligations under international human rights law, and in keeping with the "clean hands" doctrine, through the conduct of human rights impact assessments, appropriate due diligence and knowledge generation in relation to all potential impacts on indigenous peoples' rights, both at home and abroad.
- 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
- 2016
- Paragraph type
- Conclusion / Recommendation
Paragraph
Analysis of the impacts of international investment agreements on the rights of indigenous peoples 2016, para. 84
- Paragraph text
- Strong arguments exist for radically reforming the system of investor-State dispute settlements and to reform the investment dispute system. Mechanisms aimed at resolving disputes between investors and States that extend to affected communities and individuals through the use of fact-finding and mediation, and possibly through judicial powers, modelled on a body such as the Inter-American Court of Human Rights, have been proposed.
- 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
Rights of indigenous peoples on the impact of international investment and free trade on the human rights of indigenous peoples 2015, para. 77i
- Paragraph text
- [Concerning the reform of investment and free trade practices, the Special Rapporteur recommends that:] Member States publish the results of all arbitration decisions made in investor-State dispute settlement cases, including any specific information on dimensions relating to the rights of indigenous peoples;
- 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
Extractive industries and indigenous peoples 2013, para. 80
- Paragraph text
- A preferred model for natural resource extraction within indigenous territories is one in which indigenous peoples themselves control the extractive operations, through their own initiatives and enterprises. Indigenous peoples may benefit from partnerships with responsible, experienced and well-financed non-indigenous companies to develop and manage their own extractive enterprises.
- 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
The need to harmonize activities affecting indigenous peoples within the United Nations system 2012, para. 85
- Paragraph text
- To this end, United Nations institutions should take specific steps to ensure awareness among their directors and staff of the Declaration and its provisions and to ensure that the Declaration is a key reference in any decision-making or programming affecting indigenous peoples at all levels of operation. Furthermore, in their budgeting, agencies should ensure that appropriate funding is set aside for activities which promote implementation of the Declaration, as well as ensuring that budgeted activities do not conflict with its provisions.
- 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
- 2012
- Paragraph type
- Conclusion / Recommendation
Paragraph
Rights of indigenous peoples, including their economic, social and cultural rights in the post-2015 development framework 2014, para. 85c
- Paragraph text
- [Overcoming discrimination against indigenous peoples, and indigenous women in particular, will require concerted efforts and, in many cases, special measures. The Special Rapporteur expresses her hope that the global community is ready to take the necessary steps to end the historical injustices committed against indigenous peoples, and provides the following recommendations to that effect:] States should adopt broad measures to ensure respect for indigenous peoples' labour rights, as well as special measures to address the situation of groups that are most vulnerable to forced labour, child labour, sexual exploitation and trafficking;
- Body
- Special Rapporteur on the rights of indigenous peoples
- Document type
- Special Procedures' report
- Topic(s)
- Economic Rights
- Equality & Inclusion
- Violence
- Person(s) affected
- Ethnic minorities
- Women
- 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. 73
- Paragraph text
- It is clear that international investment and free trade agreements have significant potential to contribute to violations of the rights of indigenous peoples. The threat posed by current regimes lies both in their direct impact on indigenous peoples rights and their contribution to systemic injustices and imbalances, which tend to disproportionally impact indigenous peoples as some of the most globally marginalized. For that reason the Special Rapporteur intends to dedicate ongoing attention to the issue during the fulfilment of the mandate.
- 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
Rights of indigenous peoples on the impact of international investment and free trade on the human rights of indigenous peoples 2015, para. 77c
- Paragraph text
- [Concerning the reform of investment and free trade practices, the Special Rapporteur recommends that:] In accordance with the guiding principles on human rights impact assessments of all trade and investment agreements developed by the Special Rapporteur on the right to food, States undertake robust human rights impact assessments prior to signing all such treaties. Human rights assessments should routinely include specific consideration of the impact on the collective and individual rights of indigenous peoples developed through direct consultation with indigenous communities;
- Body
- Special Rapporteur on the rights of indigenous peoples
- Document type
- Special Procedures' report
- Topic(s)
- Economic Rights
- Food & Nutrition
- 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. 93a
- Paragraph text
- In accordance with the recommendations of the Special Rapporteur in her 2015 report to the General Assembly (A/70/301): (a) Appropriate consultation procedures and mechanisms should be developed in cooperation with indigenous peoples in relation to the drafting, negotiation and approval of international investment agreements, and their right to consultation should be guaranteed prior to the ratification of the Trans-Pacific Partnership;
- 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
Rights of indigenous women and girls 2015, para. 78b
- Paragraph text
- [Recommendations to Member States] [With regard to civil and political rights, Member States should:] Develop interventions to increase the number of indigenous women in national and local political and public processes and explore the feasibility of implementing quota systems for indigenous women's representation in local and national politics;
- Body
- Special Rapporteur on the rights of indigenous peoples
- Document type
- Special Procedures' report
- Topic(s)
- Economic Rights
- Equality & Inclusion
- Gender
- Person(s) affected
- Ethnic minorities
- Women
- Year
- 2015
- 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. 72
- Paragraph text
- There are two broad areas of concern that can be identified when considering development programmes affecting indigenous peoples. The first area of concern relates to policies and initiatives aimed at the development of the economy or infrastructure of the State generally and that are said to benefit the people of the State as a whole, but that have actual or potential negative effects on indigenous peoples. These include, inter alia, development programmes involving the extraction of natural resources and mega-projects such as the construction of dams and transportation facilities on indigenous peoples' territories. Such development programmes and projects, despite their specific effects on indigenous peoples and their territories, are often undertaken without adequate consultation with them or without their free, prior and informed consent.
- Body
- Special Rapporteur on the rights of indigenous peoples
- Document type
- Special Procedures' report
- Topic(s)
- Civil & Political Rights
- Economic Rights
- Environment
- Person(s) affected
- Ethnic minorities
- Year
- 2010
- Paragraph type
- Conclusion / Recommendation
Paragraph
Extractive industries and indigenous peoples 2013, para. 81
- Paragraph text
- When indigenous peoples choose to pursue their own initiatives for natural resource extraction within their territories, States and the international community should assist them to build the capacity to do so, and States should privilege indigenous peoples' initiatives over non-indigenous initiatives.
- 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. 97a
- Paragraph text
- States should: (a) Promote the above practices through interpretative text;
- Body
- Special Rapporteur on the rights of indigenous peoples
- Document type
- Special Procedures' report
- Topic(s)
- Economic Rights
- 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. 97b
- Paragraph text
- States should: (b) Ratify the United Nations Convention on Transparency in Treaty-based Investor-State Arbitration;
- 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. 108
- Paragraph text
- Longer-term reform of international investment law necessitates a shift in thinking about the purpose and nature of international investment agreements and dispute resolution mechanisms. Rather than viewing their role as purely, or even perhaps primarily, to protect investor rights, they need to be understood within a broader public policy and the international law framework, commensurate with our stage of economic globalization and interdependence, such that legitimate investor protections work in harmony with indigenous and human rights rather than acting as a constraint upon long-term public policy objectives and serving to further fragment the international order. This will involve redesigning aspects of the international investment law system that are not fit for purpose. The objective should be to protect the legitimate rights of investors and the need for reasonable predictability, while also guaranteeing the State's right to regulate and protect fundamental human rights, and ensuring that the rights of the most vulnerable are not subordinated to the economic interests of the most powerful.
- 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. 100a
- Paragraph text
- Investors should: (a) Operate under the assumption that regulatory frameworks continuously evolve to progressively realize the human rights of indigenous peoples, as explicitly required by international human rights law;
- 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
Extractive industries and indigenous peoples 2013, para. 82
- Paragraph text
- Just as indigenous peoples have the right to pursue their own initiatives for resource extraction, as part of their right to self-determination and to set their own strategies for development, they have the right to decline to pursue such initiatives in favour of other initiatives for their sustainable development, and they should be supported in such other pursuits as well.
- 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