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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
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
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
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
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
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
Overview of the activities carried during the first three-year term of the mandate 2011, para. 82
- Paragraph text
- The specific characteristics of the consultation procedure that is required by the duty to consult will necessarily vary depending on the nature of the proposed measure and the scope of its impact on indigenous peoples. For example, constitutional or legislative reform measures that concern or affect all the indigenous peoples of a country will require appropriate consultation and representative mechanisms that will in some way be open to and reach all indigenous peoples. By contrast, measures that affect particular indigenous peoples or communities, such as initiatives for extracting natural resources in their territories, will require consultation procedures focused on the interests of and engagement with the affected groups.
- Body
- Special Rapporteur on the rights of indigenous peoples
- Document type
- Special Procedures' report
- Topic(s)
- Civil & Political Rights
- Environment
- Governance & Rule of Law
- Person(s) affected
- Ethnic minorities
- Year
- 2011
Paragraph
Overview of the activities carried during the first three-year term of the mandate 2011, para. 83
- Paragraph text
- The character of the consultation procedure and its object are also shaped by the nature of the right or interest at stake for the indigenous peoples concerned and the anticipated impact of the proposed measure. Necessarily, the strength of the objective of achieving consent varies according to the circumstances, the indigenous peoples' rights and the interests involved. A significant, direct impact on indigenous peoples' lives establishes a strong presumption that the proposed measure should not go forward without indigenous peoples' consent. In certain contexts, that presumption may harden into a prohibition of the measure or project in the absence of indigenous consent.
- 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
- 2011
Paragraph
Overview of the activities carried during the first three-year term of the mandate 2011, para. 85
- Paragraph text
- Still, in all cases in which indigenous peoples' particular interests are affected by a proposed measure, obtaining their consent should, to some degree, be an objective of the consultation. The principles of good faith imply an effort to build dialogue in which both States and indigenous peoples are to work towards consensus and try in earnest to arrive at a mutually satisfactory agreement. All parties should be willing to listen and compromise on their positions and defend their legitimate interests and arrive at agreements that are binding on all.
- 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
- 2011
Paragraph
Overview of the activities carried during the first three-year term of the mandate 2011, para. 99
- 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.
- 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
- 2011
Paragraph
Overview of the activities carried during the first three-year term of the mandate 2011, para. 100
- Paragraph text
- Without prejudice to the principle that States bear the main responsibility to consult, companies must respect the right of indigenous peoples to participate in decisions affecting them by ensuring adequate mechanisms for consultation and dialogue. Here, the purpose of consultations with indigenous peoples should be to seek consensus on key aspects such as identification of the potentially negative impact of the activities, measures to mitigate and compensate for such impact, and mechanisms for sharing the benefits derived from the activities.
- 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
- 2011
Paragraph
Overview of the activities carried during the first three-year term of the mandate 2011, para. 69
- Paragraph text
- Additionally, the Declaration reflects the existing international consensus regarding the individual and collective rights of indigenous peoples in a way that is coherent with and expands upon the provisions of the Convention on Indigenous and Tribal Peoples (Convention No. 169) of the International Labour Organization, as well as with the interpretations of other human rights instruments by international bodies and mechanisms. As the most authoritative expression of this consensus, the Declaration provides a framework of action for the full protection and implementation of these rights.
- 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
- 2011
Paragraph
Overview of the activities carried during the first three-year term of the mandate 2011, para. 33
- Paragraph text
- We reaffirm our commitment to take urgent and concrete action to address the vulnerability of small island developing States, including through the sustained implementation of the Barbados Programme of Action and the Mauritius Strategy, and underscore the urgency of finding additional solutions to the major challenges facing small island developing States in a concerted manner so as to support them in sustaining momentum realized in implementing the Barbados Programme of Action and the Mauritius Strategy and achieving sustainable development.
- 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
- 2011
Paragraph
Overview of the activities carried during the first three-year term of the mandate 2011, para. 89
- Paragraph text
- We recognize the significant contributions to sustainable development made by the multilateral environmental agreements. We acknowledge the work already undertaken to enhance synergies among the three conventions in the chemicals and waste cluster (Basel Convention on the Control of Transboundary Movements of Hazardous Wastes and their Disposal, Rotterdam Convention on the Prior Informed Consent Procedure for Certain Hazardous Chemicals and Pesticides in International Trade and Stockholm Convention on Persistent Organic Pollutants ). We encourage parties to multilateral environmental agreements to consider further measures, in these and other clusters, as appropriate, to promote policy coherence at all relevant levels, improve efficiency, reduce unnecessary overlap and duplication and enhance coordination and cooperation among the multilateral environmental agreements, including the three Rio conventions, as well as with the United Nations system in the field.
- 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
Overview of the activities carried during the first three-year term of the mandate 2011, para. 91
- Paragraph text
- We recognize that sustainable development should be given due consideration by the programmes, funds and specialized agencies of the United Nations system and other relevant entities such as international financial institutions and the United Nations Conference on Trade and Development, in accordance with their respective existing mandates. In this regard, we invite them to further enhance the mainstreaming of sustainable development in their respective mandates, programmes, strategies and decision-making processes, in support of the efforts of all countries, in particular developing countries, in the achievement of sustainable development.
- 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
- 2011
Paragraph
Overview of the activities carried during the first three-year term of the mandate 2011, para. 93
- Paragraph text
- We call for the further mainstreaming of the three dimensions of sustainable development throughout the United Nations system, and request the Secretary-General to report to the General Assembly, through the Economic and Social Council, on the progress made in this regard. We also call for and recognize the importance of the strengthening of policy coordination within key structures of the Secretariat of the United Nations so as to ensure system-wide coherence in support of sustainable development, while ensuring accountability to Member States.
- 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
- 2011
Paragraph
Overview of the activities carried during the first three-year term of the mandate 2011, para. 79
- Paragraph text
- Most fundamentally, the duty to consult derives from the overarching right of indigenous peoples to self-determination and from related principles of democracy and popular sovereignty. It responds to the aspirations of indigenous peoples worldwide to be in control of their own destinies under conditions of equality and to participate effectively in decision-making processes that affect them. Consistent with such principles, the duty of States to consult with indigenous peoples in decisions affecting them is aimed at reversing the historical pattern of excluding indigenous people from decision-making processes in order to avoid imposing important decisions on them in the future and to allow them to flourish as distinct communities on lands to which their cultures remain attached.
- 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
- 2011
Paragraph
Overview of the activities carried during the first three-year term of the mandate 2011, para. 192
- Paragraph text
- We urge parties to the United Nations Framework Convention on Climate Change and parties to the Kyoto Protocol thereto to fully implement their commitments, as well as decisions adopted under those agreements. In this regard, we will build upon the progress achieved, including at the seventeenth session of the Conference of the Parties to the Convention and the seventh session of the Conference of the Parties serving as the Meeting of the Parties to the Kyoto Protocol, held in Durban, South Africa, from 28 November to 9 December 2011.
- 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
Overview of the activities carried during the first three-year term of the mandate 2011, para. 265
- Paragraph text
- We recognize the important achievements of the Global Environment Facility over the past twenty years in funding environmental projects and welcome important reform processes that the Facility has carried out during recent years, and we call for its further improvement and encourage the Facility to take additional steps, within its mandate, to make resources more accessible to meet country needs for the national implementation of their international environmental commitments. We support further simplification of procedures and assistance to developing countries, in particular in assisting the least developed countries, Africa and small island developing States in accessing resources from the Facility, and enhanced coordination with other instruments and programmes focusing on environmentally sustainable development.
- 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
Overview of the activities carried during the first three-year term of the mandate 2011, para. 266
- Paragraph text
- We stress that fighting corruption and illicit financial flows at both the national and international levels is a priority and that corruption is a serious barrier to effective resource mobilization and allocation, and diverts resources away from activities that are vital for poverty eradication, the fight against hunger and sustainable development. We are determined to take urgent and decisive steps to continue to combat corruption in all its manifestations, which requires strong institutions at all levels, and urge all States that have not yet done so to consider ratifying or acceding to the United Nations Convention against Corruption and begin its implementation.
- Body
- Special Rapporteur on the rights of indigenous peoples
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Poverty
- Person(s) affected
- Ethnic minorities
- Year
- 2011
Paragraph
Overview of the activities carried during the first three-year term of the mandate 2011, para. 269
- Paragraph text
- We emphasize the importance of technology transfer to developing countries, and recall the provisions on technology transfer, finance, access to information and intellectual property rights as agreed in the Johannesburg Plan of Implementation, in particular its call to promote, facilitate and finance, as appropriate, access to and the development, transfer and diffusion of environmentally sound technologies and corresponding know-how, in particular to developing countries, on favourable terms, including on concessional and preferential terms, as mutually agreed. We also take note of the further evolution of discussions and agreements on these issues since the adoption of the Plan of Implementation.
- 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
- 2011
Paragraph
Extractive industries operating within or near indigenous territories 2011, para. 48
- Paragraph text
- Representatives of business enterprises reported that deficient domestic regulatory frameworks create barriers to carrying out their operations in a way that respects indigenous peoples' rights and interests. Several businesses contended that this lack of clarity constituted a major obstacle to their ability to undertake their operations in a manner consistent with international expectations regarding the rights of indigenous peoples. In turn, this lack of legal certainty is perceived by corporate actors as a cause of costly conflicts with local indigenous communities.
- 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
- 2011
Paragraph
Extractive industries operating within or near indigenous territories 2011, para. 49
- Paragraph text
- Corporate responses point out three particular areas in which a clear regulatory framework is often lacking: the content and scope of indigenous peoples' rights over their lands, territories and natural resources, particularly in those instances in which traditional land tenure has not been officially recognized through titling or otherwise; consultation procedures with indigenous peoples; and benefit-sharing schemes. With regard to these issues, the examples of best practices shared by companies related more to their voluntary practices and initiatives than to the meeting of the legal requirements of the countries in which they operate.
- 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
- 2011
Paragraph
Overview of the activities carried during the first three-year term of the mandate 2011, para. 249
- Paragraph text
- The process needs to be coordinated and coherent with the processes to consider the post 2015 development agenda. The initial input to the work of the working group will be provided by the Secretary-General, in consultation with national Governments. In order to provide technical support to the process and to the work of the working group, we request the Secretary-General to ensure all necessary input and support to this work from the United Nations system, including by establishing an inter-agency technical support team and expert panels, as needed, drawing on all relevant expert advice. Reports on the progress of work will be made regularly to the General Assembly.
- 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
- 2011
Paragraph
Overview of the activities carried during the first three-year term of the mandate 2011, para. 253
- Paragraph text
- We call upon all countries to prioritize sustainable development in the allocation of resources in accordance with national priorities and needs, and we recognize the crucial importance of enhancing financial support from all sources for sustainable development for all countries, in particular developing countries. We recognize the importance of international, regional and national financial mechanisms, including those accessible to subnational and local authorities, to the implementation of sustainable development programmes, and call for their strengthening and implementation. New partnerships and innovative sources of financing can play a role in complementing sources of financing for sustainable development. We encourage their further exploration and use, alongside the traditional means of implementation.
- 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
- 2011
Paragraph
Overview of the activities carried during the first three-year term of the mandate 2011, para. 255
- Paragraph text
- We agree to establish an intergovernmental process under the auspices of the General Assembly, with technical support from the United Nations system and in open and broad consultation with relevant international and regional financial institutions and other relevant stakeholders. The process will assess financing needs, consider the effectiveness, consistency and synergies of existing instruments and frameworks and evaluate additional initiatives, with a view to preparing a report proposing options on an effective sustainable development financing strategy to facilitate the mobilization of resources and their effective use in achieving sustainable development objectives.
- 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
- 2011
Paragraph
Extractive industries operating within or near indigenous territories 2011, para. 61
- Paragraph text
- The current global discussion about the impact of business activities on human rights has reaffirmed that the State has the ultimate international legal responsibility to respect, protect and fulfil human rights. As much is made clear in the "Protect, Respect and Remedy" framework proposed by the Special Representative of the Secretary-General on human rights and transnational corporations and other business enterprises, which was adopted by the Human Rights Council as the basic normative structure for advancing in the protection of human rights in the context of business activities (see paragraph 25 above).
- 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
- 2011
Paragraph
Extractive industries operating within or near indigenous territories 2011, para. 63
- Paragraph text
- As noted above, several responses, particularly those received from business actors, pointed out that Governments tend to detach from the implementation of consultation procedures and other procedural safeguards for indigenous peoples rights in the context of extractive operations and act as mere regulators. The delegation of the State's protective role to business enterprises was repeatedly pointed out as a matter of concern, particularly with when there are insufficient or non-existent State regulatory frameworks regarding indigenous rights, including in relation to the protection of lands and resources, consultation and benefit-sharing schemes. The lack of clarity or consensus about the role of the State in protecting the rights of indigenous peoples in this context compounds the uncertainties arising from the differing views about the scope and content of those rights.
- Body
- Special Rapporteur on the rights of indigenous peoples
- Document type
- Special Procedures' report
- Topic(s)
- Economic Rights
- Environment
- Governance & Rule of Law
- Social & Cultural Rights
- Person(s) affected
- Ethnic minorities
- Year
- 2011
Paragraph
Extractive industries operating within or near indigenous territories 2011, para. 79
- Paragraph text
- While continuing to work in the fulfilment of all the areas of work defined by his mandate, the Special Rapporteur's work towards the operationalization of indigenous peoples' rights in the context of extractive projects will require a rerouting of significant efforts and of human and material resources. As stated above, the Special Rapporteur considers of utmost importance the bridging of the divergent viewpoints of States, indigenous peoples and corporate actors in this regard, which necessarily entails the opening of a process of wide consultations and dialogue with all the actors concerned. Expert consultations and studies on specific areas will also be required to promote an understanding of indigenous peoples' rights that is effective and practicable within the domestic policy frameworks and business practices in which these projects are implemented.
- 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
- 2011
Paragraph
Extractive industries operating within or near indigenous territories 2011, para. 66
- Paragraph text
- In the Special Rapporteur's view, the lack of a minimum common ground for understanding the key issues by all actors concerned entails a major barrier for the effective protection and realization of indigenous peoples' rights in the context of extractive development projects. The lack of a common understanding among the actors concerned, including States, corporate actors and indigenous peoples themselves, coupled with the existence of numerous grey conceptual and legal areas has invariably proved to be a source of social conflict. Comparative experience, including specific country situations in which the Special Rapporteur has intervened within the framework of his mandate, provide ample examples of the eruption and escalation of these conflicts and the ensuing radicalization of positions. Where social conflicts erupt in connection with extractive or development plans in indigenous territories, everybody loses.
- 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
- 2011
Paragraph