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 19

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