A/HRC/21/55
(a)
The responsibility to respect human rights requires that business enterprises
avoid causing or contributing to adverse impacts through their own activities, and address
such impacts when they occur; and that they prevent or mitigate adverse human rights
impacts with which they would be or are involved through their business relationships;
(b)
The responsibility of business enterprises to respect human rights applies to
all business enterprises regardless of their size, sector, operational context, ownership and
structure;
(c)
The responsibility of business enterprises to respect human rights refers to
internationally recognized human rights including, in the context of indigenous peoples,
ILO Convention No. 169 and the United Nations Declaration on the Rights of Indigenous
Peoples;
(d)
In order to meet their responsibility to respect human rights, business
enterprises must have in place appropriate and effective policies and processes. This
includes a policy commitment to respect human rights; due diligence processes to identify,
prevent, mitigate and account for how they address their adverse human rights impacts; and
processes to enable remediation of any adverse human rights impacts that they cause or
contribute to. When operating in the context of indigenous peoples‟ lands, territories and
resources, due diligence processes must pay particular attention to the risks faced by
indigenous peoples, including the different risks that may be faced by women and men.
Due diligence processes should also be undertaken in a manner that enables meaningful
engagement with indigenous peoples when their human rights may be affected. This
includes taking into account language and other potential barriers to effective engagement.
A company with a footprint in indigenous areas should develop a policy to address how it
engages with indigenous peoples. Any company that utilizes the cultural heritage of
indigenous peoples should do the same. Due diligence processes should take into account
the right of free, prior and informed consent of indigenous peoples;
(e)
In order to account for how they address their human rights impacts, business
enterprises should be prepared to communicate this externally, particularly when concerns
are raised by or on behalf of indigenous peoples. If there are risks of human rights impacts,
the business enterprises should report formally on how they address them. In addition to
considering whether to include relevant information in formal reporting, business
enterprises should also take into account the situation of affected stakeholders, and
communication could also take the form of in-person meetings and consultations with those
affected;
(f)
Where business enterprises identify that they have caused or contributed to
adverse impacts on indigenous peoples, they should provide for or cooperate in the
remediation of those impacts through legitimate processes. Criteria for grievance
mechanisms at the operational or site level have been developed, some of which are
particularly relevant in the context of impacts on indigenous peoples, such as ensuring
accessibility, by providing adequate assistance for those who may face particular barriers to
access, and equitability, by ensuring that aggrieved parties have access to sources of
information, advice and expertise necessary to engage in a grievance process on fair,
informed and respectful terms. Processes involving the business enterprise to enable
remediation for adverse impacts on indigenous peoples should also be informed by relevant
international standards, particularly articles 1, 27, 28, 32 and 40 of the United Nations
Declaration on the Rights of Indigenous Peoples and articles 3, 5, 8, 9, paragraph 2, 10,
paragraph 1, 11, 12, 13, and 15 of ILO Convention No. 169.
28.
In relation to the third pillar of the Guiding Principles, access to remedy, the
following points may be of particular relevance to indigenous peoples:
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