A/HRC/21/55
effective participation, which will also ensure human rights accountability at the corporate
level.
2.
Practical advice for extractive industries on how to meet the requirement to respect
the right of indigenous peoples to participate in decision-making in the context of
extractive industry
40.
States retain the primary obligation to ensure indigenous peoples‟ right to participate
is respected; nevertheless, to meet their own responsibility to respect human rights,
extractive businesses should ensure, and make their own assessment as to, compliance with
the right of indigenous peoples to participate in decision-making. Indeed, positive
experience illustrates that extractive industries should work in partnership with States and
indigenous peoples at all planning and implementation stages of extractive activities that
might impact on indigenous peoples‟ interests.
41.
Enterprises in extractive industries should, together with indigenous peoples, assess
the risks and actual impacts on the rights of indigenous peoples arising from their activities
and business relationships. Commitment to respecting the rights of indigenous peoples
should be reflected in the business enterprise‟s policies and processes; such policies and
processes should be put in place by the enterprise in order to meet its responsibility to
respect human rights. Enterprises are advised to assess company compliance with
indigenous peoples‟ rights and establish a company policy on how best to meet their
responsibility to respect such rights, where possible by including indigenous peoples
affected by their operations. When activities may affect indigenous peoples, the business
enterprise must take adequate steps to ensure meaningful and effective engagement with
indigenous peoples. As part of implementing their responsibility, business enterprises
engaged in extractive activities must ensure that employees have an understanding of the
content of indigenous peoples‟ rights, including their right to participate in decisionmaking.
42.
The Special Rapporteur on the rights of indigenous peoples notes that
companies must exercise due diligence by identifying, prior to commencing their
activities, various matters relating to the basic rights of indigenous peoples, and by
paying adequate attention to those matters as the activities are being carried out.
Such matters include recognition of the existence of indigenous peoples and of their
own social and political structures; indigenous possession and use of land, territory
and natural resources; exercise by the State of its duty to consult indigenous peoples
in relation to activities that might affect them, and the related responsibility of
business; impact studies and mitigation measures; and benefit sharing with
indigenous peoples.24
43.
Extractive industries are encouraged to support, including financially, mechanisms
to ensure that the right of indigenous peoples to participate in decision-making is respected.
This can include:
(a)
Devoting human and financial resources to appropriate consultation
mechanisms;
(b)
Establishing partnerships with indigenous peoples;
(c)
Ensuring that corporate boards or board advisory panels include indigenous
peoples‟ representation and effective participation in order to promote human rights
accountability at the corporate level.
24
A/HRC/15/37, para. 46.
23
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