A/HRC/21/55
Our cultural diversity has also been grossly eroded because of the destruction of
biological diversity and lands, territories and resources by extractive industries upon
which our cultures are based. This erosion of our cultural diversity is also a result of
the imposition of colonial systems and the settlement of non-Indigenous Peoples.
Corporations enter into our territories with the promise of “development” through
employment, infrastructure building and payment of governmental taxes. Despite
these promises, there still exists a situation of dire poverty in those living close to
extractive industry projects. This situation has fuelled conflicts between Indigenous
Peoples and the State and extractive industry corporations, as well as causing
divisions within the Indigenous communities themselves.
20.
Another critical cultural rights concern is the need to protect sacred sites in the
context of extractive industrial development, as noted in the report of the international
expert group meeting on extractive industries, indigenous peoples‟ rights and corporate
social responsibility:
Destruction of Indigenous Peoples‟ sacred sites and areas of spiritual and cultural
significance by extractive industries has to stop. States parties to the UNESCO
Convention concerning the Protection of the World Cultural and Natural Heritage
have to address the urgent need for the genuine recognition of indigenous religious,
cultural and spiritual rights, including their sacred sites in the context of extractive
projects.11
3.
The Guiding Principles on Business and Human Rights as they relate to indigenous
peoples and the right to participate in decision-making, with a focus on extractive
industries
21.
International standards on the respective roles and responsibilities of States and
business actors with regard to the human rights impacts of business-related activities, which
are also applicable to situations often facing indigenous peoples in the context of extractive
industry operations, have been clarified in recent years. In its resolution 17/4, the Human
Rights Council unanimously endorsed the Guiding Principles on Business and Human
Rights: Implementing the United Nations “Protect, Respect and Remedy Framework”
(A/HRC/17/31, annex). This endorsement effectively established the Guiding Principles as
the authoritative global standard for addressing business-related human rights challenges.
22.
The Framework rests on three main pillars: (a) the State‟s duty to protect against
human rights abuses by third parties, including business enterprises, through appropriate
policies, regulation and adjudication; (b) the corporate responsibility to respect human
rights, which means that business enterprises should act with due diligence to avoid
infringing on the rights of others and to address adverse impacts with which they are
involved; and (c) the need for greater access to remedy, both judicial and non-judicial, for
victims of business-related human rights abuse (A/HRC/17/31, para. 6).
23.
The Guiding Principles apply to all States and business enterprises in all operational
contexts, including in contexts where business activities have a bearing on indigenous
peoples. Some States and business enterprises are starting to take the first steps towards
10
11
Adopted at the International Conference on Extractive Industries and Indigenous Peoples, Manila, 2325 March 2009. For an example of how to respect the cultural practices and traditional knowledge of
indigenous peoples, see Canadian International Development Agency, Local and Indigenous
Traditional Knowledge: Engagement and Use for Sustainable Development (2010).
E/C.19/2009/CRP.8, para. 42.
7
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