E/2009/43
E/C.19/2009/14
the Rights of Indigenous Peoples while stimulating community-level businesses
based on the sustainable use of biodiversity through such creative partnerships.
8.
The Permanent Forum notes that corporations, owing to the pressures on and
struggles of indigenous peoples, are currently more willing to consult with
communities. However, the lack of full disclosure of information on human rights
impacts, including the impact on environmental, social, cultural and spiritual rights,
has impeded full protection of the right to free, prior and informed consent. One
problem encountered frequently is manufactured consent, which results from
negotiating with selected indigenous individuals or specific communities without
ensuring that they represent their communities and/or the affected area, creating
divisions within the communities. Extractive industries must treat benefit-sharing
and/or social programmes as a requisite economic practice.
Economic and social development
9.
The Permanent Forum welcomes the measures undertaken by several countries
that aim, inter alia, to explore and develop alternative sources of income,
significantly reduce the exploitation of natural resources, enhance conservation of
biological diversity and establish measures in favour of indigenous peoples in
voluntary isolation, such as the national initiative undertaken by Ecuador entitled
“Yasuni-ITT initiative”. The Permanent Forum recommends that such measures
respect the right to free, prior and informed consent of the indigenous peoples
concerned.
10. During all of its sessions, the Permanent Forum has issued recommendations
on economic and social development. Between the second and seventh sessions, the
Forum issued approximately 150 recommendations on economic and social
development, including those issued under agenda items on questions other than
economic and social development. On a positive note, the Forum highlights that
more than half of those recommendations are being implemented.
11. The Permanent Forum has paid particular attention to the participation and
representation of indigenous peoples in development processes, such as those
related to the Millennium Development Goals, data collection and disaggregation,
and urban indigenous peoples and migration. The Forum has recommended on
numerous occasions that United Nations agencies, international financial institutions
and other development actors change their paradigms and approaches to their work
with indigenous peoples. This includes increased mainstreaming of indigenous
peoples’ issues in their work, respect for the principle of free, prior and informed
consent, recognition of collective rights, including treaty rights, and increased
participation of indigenous peoples, including women, in programme design,
implementation and monitoring.
12. The Permanent Forum supports the conceptual and policy framework proposed
by the Special Representative of the Secretary-General on the issue of human rights
and transnational corporations and other business enterprises. This framework rests
on three pillars: first, the duty of the State to protect against human rights abuses by
third parties, including transnational corporations and other business enterprises,
through appropriate policies, regulation and adjudication; second, the corporate
responsibility to respect human rights, which means acting with due diligence on all
matters to avoid infringing on the rights of others; and third, greater access for
victims to effective remedies, both judicial and non-judicial.
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