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. 17

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