A/HRC/54/31
(c)
Condition funding on the adoption and application of a solid Indigenous
human rights-based approach by recipient Governments and/or implementing partners
on the ground;
(d)
Ensure that Indigenous Peoples that are or could be affected by a project
they are funding are correctly identified and recognized, based on the principle of selfidentification, and assess their security of tenure over their collective lands, which may
be affected by the project. If land rights are not properly secured and Indigenous
Peoples have provided their informed consent to the project, then donors should reserve
a part of their budget to support the efforts of Indigenous Peoples to secure their land
rights;
(e)
Secure Indigenous Peoples’ free, prior and informed consent before
funding any projects that may affect their lands, territories, resources and livelihoods.
Ensure free, prior and informed consent processes are ongoing and led by experts on
the rights of Indigenous Peoples and on such processes;
(f)
Require comprehensive and independent human rights and
environmental impact assessments for projects involving Indigenous lands and
resources. Such assessments should be conducted in consultation with Indigenous
Peoples and take their knowledge, cultural heritage and ecosystem services into
account. They should include expertise on Indigenous governance structures and
decision-making, as well as an analysis of potential impacts on collective land rights,
irrespective of the position of host States on the issue;
(g)
Ensure the establishment of robust mechanisms to monitor and report on
the rights of Indigenous Peoples throughout the chain of intermediaries and
implementing partners. When abuses occur, ensure Indigenous Peoples can access
independent grievance mechanisms that are in line with principle 31 of the Guiding
Principles on Business and Human Rights;
(h)
Ensure a direct financial flow to Indigenous Peoples by creating or
redesigning flexible financing mechanisms that simplify application procedures and
reporting requirements for Indigenous-led green finance initiatives and projects. Such
financing mechanisms should:
(i)
Respond to the needs and priorities for funding of Indigenous
Peoples, including with regard to their self-determination, land tenure
and their sense of responsibility for future generations;
(ii)
Respect Indigenous Peoples’ own decision-making processes and
cooperate with their governance institutions;
(iii) Avoid unnecessary intermediaries, other than those requested by
Indigenous Peoples themselves;
(i)
Track all funds allocated directly to and for Indigenous Peoples in order
to generate data on how much they benefit from green finance;
(j)
Involve Indigenous Peoples in the design and implementation of funding
opportunities from the outset to ensure that funding processes are responsive to their
needs, priorities and aspirations, and align with their vision of sustainable development;
(k)
Improve gender-inclusiveness by scaling up funding for Indigenous
women leaders and their organizations. Foster the participation of Indigenous women
and their organizations before funding decisions are made, continue their engagement
throughout the project life cycle and ensure that it is led by experts on free, prior and
informed consent processes;
(l)
Increase the institutional, technical and financial capacity of Indigenous
Peoples and their organizations to access and influence the financial market as it relates
to conservation, clean energy transition and nature markets. Support the
organizational development and project management of Indigenous Peoples and the
promotion of sustainable livelihoods;
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GE.23-13366