A/HRC/21/47 rights over lands and natural resources and other rights that may be affected by extractive operations; that mandates respect for those rights both in all relevant State administrative decision-making and in corporate behaviour; and that provides effective sanctions and remedies when those rights are infringed either by Governments or corporate actors. Such a regulatory framework requires legislation or regulations that incorporate international standards of indigenous rights and that make them operational through the various components of State administration that govern land tenure, mining, oil, gas and other natural resource extraction or development. 58. The Special Rapporteur regrets that he has found, across the globe, deficient regulatory frameworks such that in many respects indigenous peoples’ rights remain inadequately protected, and in all too many cases entirely unprotected, in the face of extractive industries. Major legislative and administrative reforms are needed in virtually all countries in which indigenous peoples live to adequately define and protect their rights over lands and resources and other rights that may be affected by extractive industries. Yet at the same time and in the same countries in which this need persists, extractive industries are permitted to encroach upon indigenous habitats, a situation that the Special Rapporteur finds alarming and in need of urgent attention. 59. For their part, business enterprises have a responsibility to respect human rights, including the rights of indigenous peoples, and this responsibility is independent of the State duty to protect. In referring to the human rights that corporations are responsible for respecting, principle 12 of the Guiding Principles states that these include, “at a minimum”, those rights specified in the International Bill of Human Rights and the International Labour Organization’s Fundamental Principles and Rights at Work, while the commentary to principle 12 clarifies that, when applicable, other human rights instruments, such as those applying to particular groups, including indigenous peoples, should inform the corporate responsibility to respect human rights. It is therefore evident, especially in the light of the mandate to apply the Guiding Principles in a non-discriminatory manner (see para. 55), that the rights that corporations should respect include the rights of indigenous peoples as set forth in the United Nations Declaration on the Rights of Indigenous Peoples and in other sources. 60. The commentary to principle 11 of the Guiding Principles also clarifies that the corporate responsibility to respect human rights “exists independently of States’ abilities and/or willingness to fulfil their own human rights obligations, and does not diminish those obligations. And it exists over and above compliance with national laws and regulations protecting human rights.” 61. This independence of responsibility notwithstanding, the Special Rapporteur has learned of numerous instances in which business enterprises engaged in extractive industries do not go further than compliance with domestic laws or regulations, regardless of the ineffectiveness of those laws and regulations for the protection of indigenous rights. Corporate attitudes that regard compliance with domestic laws or regulation as sufficient should give way to understanding that fulfilment of the responsibility to respect human rights often entails due diligence beyond compliance with domestic law. Due diligence requires, instead, ensuring that corporate behaviour does not infringe or contribute to the infringement of the rights of indigenous peoples that are internationally recognized, regardless of the reach of domestic laws. A discussion of particular aspects of corporate due diligence with regard to indigenous rights can be found in the Special Rapporteur’s report to the Human Rights Council at its fifteenth session (A/HRC/15/37, para. 46). 15