A/HRC/45/34/Add.3
E.
Business and human rights
81.
States and private companies should comply with the Guiding Principles on
Business and Human Rights and independent monitoring of this should be strengthened.
82.
States must strengthen the legal regulations of private companies and the
procedures for environmental and human rights impact assessments prior to the
commencement of a business activity. The outcomes of environmental and human
rights impact assessments should be accessible, available in indigenous languages and
reflect the projects’ impacts on the economic, social and cultural rights of indigenous
peoples.
83.
National action plans to implement the Guiding Principles on Business and
Human Rights should be developed. In the process, the participation and consultation
of indigenous peoples should be ensured, and the full protection of their rights should
be reflected in the national action plans. Where national action plans are adopted,
indigenous peoples should be involved in their implementation.
84.
Indigenous peoples’ rights should be protected in the context of international
investment agreements, including in relation to decisions on the content of such
agreements and of related negotiation processes, investment dispute settlements and
corporate obligations, as well as measures to mitigate the impact of international
investment agreements. Investor-State dispute settlement mechanisms should be
reformed in order to conform with international human rights standards.
F.
Suppression of the right to freedom of association and attacks against
and criminalization of indigenous human rights defenders
85.
States must take measures to prevent violence and attacks against and the
intimidation, harassment and criminalization of indigenous peoples arising from the
exercise of their rights and the defence of their lands and territories against business
activities, including activities linked to the extractive industries, the construction of
hydropower dams, agribusiness, logging and tourism projects. Perpetrators of such
violations should be held accountable. Counter-terrorism laws that are used to
criminalize indigenous peoples should be amended to ensure that the human rights of
indigenous peoples are protected.
G.
Sustainable Development Goals and economic, social and cultural
rights
86.
States should establish effective mechanisms for ensuring the sustained
engagement, participation and inclusion of indigenous peoples in developing and
implementing laws, policies and programmes, taking into account intersectional and
multiple forms of discrimination relating to gender, disability, age and sexual
orientation. Disaggregated data on indigenous peoples should be collected in order to
inform effective policy measures. Effective participation of indigenous peoples in
designing, implementing and evaluating education, health and welfare services should
be ensured so that the knowledge and cultures of indigenous peoples can be integrated
into such services.
87.
United Nations country teams, United Nations entities in the region and
international donors should promote the participation of indigenous peoples in
assessing the national implementation of the Sustainable Development Goals.
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