A/HRC/21/55 implementing the Guiding Principles; however, guidance on and assessment of the implementation of the Guiding Principles in specific contexts is at a preliminary stage.12 24. It is important for all States and all business enterprises to apply all of the Guiding Principles specifically to indigenous peoples “in a non-discriminatory manner” (A/HRC/17/31, annex, p. 6). 25. The following provides some initial reflections on how aspects of the Guiding Principles may relate to the exercise of the right of indigenous peoples to participate in decision-making with respect to extractive industries.13 The list of elements is not exhaustive, and the further elaboration of these and related issues is a longer-term project that should be undertaken in collaboration with others. 26. As regards the first pillar of the Guiding Principles, the State duty to protect against human rights abuse by third parties, the following key points may be especially relevant to business activities that affect indigenous peoples: (a) States may be in breach of their international human rights obligations where human rights abuse by private actors can be attributed to them, or where they fail to take appropriate steps to prevent, investigate, punish and redress private actors‟ abuse. In fulfilling the duty to protect with regard to business activity having potential or actual impacts on the situation of indigenous peoples, measures taken by States should conform to relevant international laws, norms and standards relating to indigenous peoples, such as the United Nations Declaration on the Rights of Indigenous Peoples and International Labour Organization (ILO) Convention No. 169 (1989) concerning Indigenous and Tribal Peoples in Independent Countries; (b) The State duty to protect the human rights of indigenous peoples in the context of business activities also applies when granting development licences and permits relating to indigenous peoples‟ lands, territories and resources. As provided by relevant standards on the specific rights of indigenous peoples, the State should take into account the full participation of indigenous peoples at all stages of decision-making in such processes; (c) Meeting the State duty to protect implies that the State should enforce laws that are aimed at requiring business to respect human rights and ensure that other businessfocused laws and policies do not constrain but enable business respect for human rights, including in the context of indigenous peoples. It also requires that the State provide effective guidance for business enterprises, including State-owned enterprises, on how to respect human rights throughout their operations, particularly in conflict-affected areas; (d) Under their international human rights obligations, States have a duty to establish legal and policy frameworks that effectively monitor and enforce relevant international laws, norms and standards, including the right to free, prior and informed consent. Departments specifically mandated to address indigenous affairs should provide mandatory information, training and support. 27. In relation to the second pillar of the Guiding Principles, the corporate responsibility to respect human rights, the following key points may be relevant in the context of business operations that affect indigenous peoples: 12 13 8 In resolution 17/4, the Human Rights Council also decided to establish the Working Group on business and human rights with the mandate to, inter alia, promote the effective and comprehensive dissemination and implementation of the Guiding Principles. For a full analysis, please see the Expert Mechanism‟s conference room paper on the topic, to be distributed at the fifth session.