A/70/301
consultation with indigenous peoples and formal representatives. The Special
Rapporteur believes that fundamental and systemic reform of the international
management of investment and free trade is necessary within the context of
broader efforts to address the human rights issues associated with business
activities. The situation whereby companies and investors enjoy exceptionally
strong rights and remedies while the only mechanisms available to hold them to
account for any human and indigenous rights violations are voluntary and/or
have a weak standing in international law cannot be allowed to continue.
Furthermore, indigenous peoples continue to bear an unequal share of the
burden that situation creates, and suffer from a spectrum of severe rights
violations within the context of corporate activities and the related
management of the globalized economy.
75. The need for wholesale and collective change is not, however, at odds with
more immediate and incremental reform. The Special Rapporteur is also
interested in the potential of emerging positive practices in relation to
international investment agreements and believes that there are immediate
steps States can take individually to better protect the rights of indigenous
peoples.
76. More States are becoming increasingly dissatisfied with the injustices of
free trade and investment regimes. At the same time, key stakeholders are
become more fully sensitized to the deeply interrelated imbalances in the
enforcement of corporate and human rights. Those trends provide an
important opportunity to improve the protection and promotion of human and
indigenous rights and to transform the international system of global economic
management in such a way that it becomes significantly more just and
equitable.
B.
Recommendations
77. Concerning the reform of investment and free trade practices, the Special
Rapporteur recommends that:
(a) Based on the principle of free, informed and prior consent, as set out
in the United Nations Declaration on the Rights of Indigenous Peoples and ILO
Convention No. 169, Member States explore, jointly with affected indigenous
peoples, participatory mechanisms that will allow them to take part in or at
least comment on the negotiation and drafting of all relevant investment and
free trade agreements. That should be included as part of broader efforts to
increase the level of social dialogue involved in the negotiation and drafting of
such agreements;
(b) In addition to improving the level of social dialogue, the negotiation
and drafting of international investment agreements be subject to
parliamentary oversight and consultation with all levels of government. All
indigenous self-governance structures should be formally included in decisionmaking relating to international investment agreements;
(c) In accordance with the guiding principles on human rights impact
assessments of all trade and investment agreements developed by the Special
Rapporteur on the right to food, States undertake robust human rights impact
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