A/HRC/54/31
(c)
Guarantee the right of Indigenous Peoples to provide or withhold their
free, prior and informed consent regarding green finance initiatives affecting their
lands, territories and resources after a meaningful and gender-inclusive consultation
process. States should ensure that Indigenous Peoples have access to relevant
information, can freely express their views and make decisions without coercion or
manipulation. States should recognize that free, prior and informed consent is an
ongoing process, requiring ongoing consultation throughout the life cycle of a project;
(d)
Ensure that Indigenous Peoples directly and equitably benefit from green
financing projects. Indigenous Peoples should be provided with access to employment
opportunities, training, capacity-building programmes and business development
initiatives associated with green projects. States should ensure that funding proposals
include provisions for benefit-sharing mutually agreed upon with Indigenous Peoples;
(e)
Secure the land rights of Indigenous Peoples and demarcate their
ancestral lands and territories to protect them from encroachment, land-grabbing and
other forms of unauthorized exploitation;
(f)
Establish effective, accessible, culturally appropriate and independent
mechanisms for Indigenous Peoples to seek justice and remedy in cases of human rights
violations or environmental harm resulting from green financing projects;
(g)
Establish monitoring and reporting mechanisms to track the impacts of
green financing projects on the rights of Indigenous Peoples, including regular
consultations with the Indigenous communities affected. States should also hold project
proponents accountable, in compliance with human rights standards, and require them
to report periodically on the human rights and environmental impacts of green
initiatives;
(h)
Adopt, in consultation with Indigenous Peoples, domestic frameworks
regulating the green economy including requirements for REDD-plus initiatives,
carbon markets and nature-based markets to clearly recognize and protect the rights
to land, territories and resources of Indigenous Peoples and their right to free, prior
and informed consent;
(i)
Allocate resources aimed at enhancing Indigenous Peoples’ knowledge
and understanding of green financing mechanisms, so that they can effectively
participate in decision-making processes, including by giving or withholding their free,
prior and informed consent in relation to green finance projects;
(j)
Provide funding for Indigenous Peoples to hire external legal, financial
and technical advisers. Provide financial and human resources to overcome
infrastructure barriers that hinder access to financial mechanisms and processes for
Indigenous Peoples living in remote areas;
(k)
Provide access to information to Indigenous Peoples and ensure
transparency at all levels of green finance projects.
78.
The Special Rapporteur recommends that donors, investors and funders
(including international development finance institutions and intergovernmental
organizations):
(a)
Adopt explicit policies and guidelines for the rights of Indigenous Peoples
that are aligned with international human rights standards, including the United
Nations Declaration on the Rights of Indigenous Peoples, the Indigenous and Tribal
Peoples Convention, 1989 (No. 169) and the Guiding Principles on Business and Human
Rights. Such policies should recognize the contribution of Indigenous Peoples to
protecting the planet and provide for the protection of their rights, particularly in green
operations;
(b)
Adopt a regulatory framework on human rights due diligence, requiring
recipient Governments and/or implementing partners to identify, prevent, mitigate and
account for any human rights risks. That includes assessing the potential social,
environmental and cultural impacts of projects, as well as the human rights track
record of project proponents and partners;
GE.23-13366
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