A/HRC/39/17/Add.2
108. The private sector should exercise due diligence and assess the actual and
potential human rights impacts of its activities, in accordance with the applicable
international standards, before undertaking those activities. 19
109. As regards the various initiatives to draft legislation on prior consultation, it
should be emphasized that the lack of specific legislation does not exempt the State
from its duty to consult indigenous peoples in accordance with its international
obligations. The Special Rapporteur encourages indigenous peoples, the State and
other actors to consider other options in their debates, including community-based
consultation processes and protocols on relations with the State, drawn up by
indigenous peoples. Whatever mechanism is used by the State in order to fulfil its duty
of consultation should itself be the fruit of dialogue and consultations carried out in
accordance with international standards.
Self-determination and political participation
110. Systems of indigenous self-government and autonomy, such as indigenous legal
systems, should be promoted and strengthened, including through the provision of
financing for these autonomous functions, pursuant to article 4 of the United Nations
Declaration on the Rights of Indigenous Peoples.
111. Channels to facilitate dialogue, coordination and collaboration between the
Government and indigenous autonomous institutions, such as community police
forces, indigenous courts, good governance boards and autonomous municipalities,
should be established in all areas of mutual interest.
112. Steps should be taken to improve and expand initiatives that promote
indigenous political participation in electoral processes, such as indigenous electoral
districts, independent candidacies and access to electoral justice.
113. The necessary legal and administrative measures should be taken to enable
indigenous peoples to exercise their right to elect their own authorities in municipal
elections in accordance with their customs and practices.
Violence, impunity and access to justice
114. Collective and culturally appropriate measures of protection should be
developed, in order to defend the rights of indigenous peoples and persons who are in
situations of risk. These measures should be devised in collaboration with the
indigenous persons concerned and should involve coordination with the relevant
institutions to address the underlying risk factors.
115. It is also necessary to develop concerted measures of protection against
organized crime and armed groups in indigenous regions, including measures
implemented in coordination with indigenous institutions such as indigenous
community police forces and other similar entities. Any military presence in
indigenous territories should be the subject of consultations with the indigenous
peoples concerned, in accordance with international standards, 20 and the necessary
measures should be taken to ensure that that presence does not result in human rights
violations.
116. Indigenous justice systems, including indigenous courts, community police
forces and other means of prevention, protection and conflict resolution, 21 should
receive greater recognition and support in the form of appropriate resources.
Mechanisms should be developed to ensure harmonization and coordination between
indigenous and ordinary courts at the national level.
117. The extremely high rate of impunity in Mexico is a source of concern.
Government programmes designed to ensure access to justice for indigenous persons
19
20
21
18
See Guiding Principles on Business and Human Rights, HR/PUB/11/04.
See the United Nations Declaration on the Rights of Indigenous Peoples, art. 30.
See E/CN.4/2004/80/Add.2, paras. 74–80.
GE.18-10617