A/66/288
90. In cases involving natural resource exploitation or development projects
affecting indigenous lands, in order for the indigenous peoples concerned to make
free and informed decisions about the project under consideration, it is necessary
that they are provided with full and objective information about all aspects of the
project that will affect them, including the impact of the project on their lives and
environment. In this connection, it is essential for the State to carry out, with the
participation of the indigenous groups concerned, environmental and social impact
studies so that the full expected consequences of the project can be known.
91. Furthermore, a consensus-driven consultation process in such contexts should
not only address measures to mitigate or compensate for adverse impacts of the
project, but also explore and arrive at means of equitable benefit-sharing in a spirit
of true partnership.
C.
Corporate responsibility with respect to the human rights of
indigenous peoples 3
92. The international community has reached a certain level of consensus that
business enterprises have a responsibility to respect human rights. This consensus is
reflected in the many regulatory and self-regulatory frameworks governing
corporate responsibility that have appeared in recent decades, at both the
international and national levels. The guiding principles on business and human
rights (A/HRC/17/31) of the Special Representative were endorsed by the Human
Rights Council at its seventeenth session (Council resolution 17/4). Beyond the
question of their legal status, the various existing instruments and mechanisms on
corporate responsibility clearly reflect the existence of social expectations with
regard to corporate responsibility and the need to exercise it in relation to human
rights.
93. A central pillar of this normative framework is that companies have a general
duty to respect international human rights standards within the context of the due
diligence that must govern their activities. Due diligence is not limited to respect for
the national regulations of States in which companies operate, which are inadequate
in many cases, but should be governed by the international standards that are
binding on those States and on the international community as a whole. Due
diligence also means that companies must not contribute to States’ failure to meet
their international obligations in relation to indigenous rights, nor should they
endeavour to replace the role of States in the fulfilment of those obligations. The
Special Rapporteur considers the following to be necessary elements of the due
diligence of companies whose activities affect indigenous peoples.
1.
Recognition of indigenous peoples
94. One of the fundamental difficulties facing companies that operate in
indigenous territories, or whose operations affect those territories, is the absence of
formal recognition of indigenous peoples by the State in which they live, or
recognition limited solely to certain groups. Nevertheless, a generally accepted
principle of international human rights law holds that the existence of distinct
__________________
3
18
This section summarizes the Special Rapporteur’s discussion of corporate responsibility in
A/HRC/15/37 (paras. 26-91).
11-44942