A/HRC/33/56
consent had to play in the right to health; and the need to raise awareness regarding
indigenous peoples living in voluntary isolation.
VII. Human rights of indigenous peoples in relation to business
enterprises
61.
Chief Littlechild chaired a discussion on the human rights of indigenous peoples in
relation to business enterprises emphasizing that this was a critical issue for the realization
of the human rights of indigenous peoples, including self-determination, rights related to
lands, territories and resources and economic, social and cultural rights. The Expert
Mechanism had addressed the issue in several of its studies, including in its follow-up
report on indigenous peoples and the right to participate in decision-making, with a focus
on extractive industries (A/HRC/21/55). Furthermore, the Expert Mechanism had issued a
comment on the Human Rights Council’s Guiding Principles on Business and Human
Rights at its fifth session in 2012.
62.
Participants focused their interventions on four themes. Firstly, participants
highlighted the applicable legal and policy frameworks, including the United Nations
Declaration on the Rights of Indigenous Peoples, treaties, such as the International
Convention on the Elimination of All Forms of Racial Discrimination, and related general
comments, the United Nations Global Compact, the Guiding Principles on Business and
Human Rights and the development of a new binding instrument under consideration by
Human Rights Council. Participants frequently referenced land rights and permanent
sovereignty over natural resources protected under the Declaration. Several speakers also
referred to provisions in the Declaration on self-determination and to free, prior and
informed consent, which could be characterized as a call for all to work together. The
“Calls to Action” of the Truth and Reconciliation Commission of Canada for business to
work towards reconciliation was mentioned as an example of how such partnerships could
be approached.
63.
Secondly, participants highlighted the role of various sectors of business, including
investment, tourism and the media, as well as key areas of practice, such as resource
revenue-sharing and procurement contracts, in implementing the rights of indigenous
peoples in that area. Positive examples of enhancing economic empowerment of indigenous
peoples were also highlighted by States and indigenous peoples.
64.
Thirdly, participants highlighted ongoing human rights violations in the business
sector, particularly violations of spiritual rights and rights related to lands, territories and
resources, which caused disease and had an impact on access to potable water. Participants
noted that there were examples of corporate violence, including land grabbing and violence
against indigenous women and girls. Those interventions highlighted the need for States to
ensure that the human rights of indigenous peoples were protected, by ensuring that both
States and transnational corporations upheld their responsibilities.
65.
Lastly, solutions aimed at self-determination in the area of economic development
were outlined, including a strong call for advancement of indigenous-driven economies.
National action plans, regulatory schemes for extraterritorial activities and traditional ways
of mediation of indigenous peoples were also discussed.
66.
Ms. Yamada expressed concern about the role of States vis-à-vis companies that
conducted activities affecting indigenous peoples in countries other than the country in
which they were headquartered, which often acted without respect for the principle of free,
prior and informed consent. She also expressed concern about the violence against
indigenous peoples related to land grabbing carried out by agribusiness enterprises, which
could often result in evictions of indigenous peoples from their lands.
15
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