A/HRC/54/31 D. International legal framework and standards 30. The United Nations Declaration on the Rights of Indigenous Peoples contains the minimum human rights standards with regard to the protection of the rights of Indigenous Peoples against any negative impact or potential impact they may experience as a consequence of a project funded by national and foreign multilateral investors, including international development finance institutions.38 The right to free, prior and informed consent is emphasized throughout the Declaration, including in relation to the use of Indigenous lands (art. 32). States must provide redress where free, prior and informed consent is not implemented (art. 28). Article 29 provides for assistance programmes for Indigenous Peoples to conserve and protect the environment and productive capacity of their lands, territories and resources. Article 39 sets out the right of Indigenous Peoples to access financial and technical assistance from States and through international cooperation. 31. The Committee on Economic, Social and Cultural Rights declared in its general comment No. 26 (2022): “States shall avoid those policies for mitigating climate change, such as efforts for carbon sequestration through massive reforestation or protection of existing forests, which lead to different forms of land grabbing, affecting especially land and territories of populations in vulnerable situations such as peasants or indigenous peoples.” Other treaty bodies have also developed relevant jurisprudence in relation to climate change and Indigenous Peoples.39 32. The International Labour Organization (ILO) Indigenous and Tribal Peoples Convention, 1989 (No. 169) provides further guidance for a just transition for Indigenous Peoples. The right to participation (art. 7.1) clearly applies to the development and implementation of projects related to conservation, clean energy, transition and carbon markets. The convention also affirms the right to ownership and control over lands, territories and resources (art. 17). 33. States are the primary bearers of responsibility to Indigenous Peoples for the realization of their rights. However, private actors, including conservation organizations and international development finance institutions, also have duties and responsibilities to respect the rights of Indigenous Peoples. The Guiding Principles on Business and Human Rights provide a framework of concrete measures for such actors, articulated around three pillars: protect, respect and remedy. The Working Group on the issue of human rights and transnational corporations and other business enterprises has clarified that all private and institutional investors should respect these principles through meaningful and ongoing human rights due diligence, including by identifying and addressing the risks to people and to the environment associated with their products, services, clients and investment activities, and should provide or contribute to remedies for adverse impacts. 40 The Working Group has emphasized the responsibility of institutional investors and banks to avoid negative human rights impacts.41 It has also emphasized that international development finance institutions need robust policies and practices on human rights due diligence and remedy, which should be elaborated in consultation with Indigenous Peoples.42 38 39 40 41 42 GE.23-13366 For further guidance on human rights remedy in development finance, see https://www.ohchr.org/sites/default/files/2022-02/Remedy-in-Development.pdf; and A/HRC/53/24/Add.4. E/C.12/AUS/CO/4; E/C.12/KHM/CO/1; Committee on the Elimination of Racial Discrimination, letters sent under the early warning and urgent action procedure to Peru (dated 28 April 2023, in Spanish) and Indonesia (dated 28 September 2009), available from https://www.ohchr.org/en/treatybodies/cerd/decisions-statements-and-letters. See https://www.ohchr.org/sites/default/files/Documents/Issues/Business/UNGPs10/Stocktakinginvestor-implementation.pdf. See https://www.ohchr.org/Documents/Issues/TransCorporations/WG_BHR_letter_Thun_Group.pdf. See, for example, https://www.ohchr.org/sites/default/files/Documents/Issues/Business/20200911_UNWG_submission_ IFC.pdf; https://www.ohchr.org/en/special-procedures/wg-business/financial-sector-and-human-rights and https://www.ohchr.org/sites/default/files/2021-12/ungps10plusroadmap.pdf. 9