A/HRC/15/37
application of the principles of consultation with indigenous peoples in the country, in
particular in relation to extractive industries.12
III. Corporate responsibility with respect to indigenous rights
26.
One of the questions that arises most frequently in the course of the different
activities carried out by the Special Rapporteur under his mandate is the impact of
corporate activities and in particular those of transnational corporations on the rights of
indigenous people. After analysing various situations in different parts of the world, the
Special Rapporteur considered that it was necessary to focus his thematic investigation
during the past year on that question, with a view to clarifying the responsibility of business
in this specific sphere, in accordance with international rules.
27.
The role of companies with regard to human rights is a complex question which has
provoked growing interest on the part of the international community. This interest has
been reflected inter alia by the establishment by the Commission on Human Rights and the
subsequent renewal by the Human Rights Council of the mandate of the Special
Representative on the issue of human rights and transnational corporations and other
business enterprises.13 The Special Representative has shown particular interest in the role
of companies with regard to the human rights of indigenous peoples.14 The Special
Rapporteur and the Special Representative’s team have begun to work together on this
issue, as was seen at the Sitges expert meeting on mechanisms to prevent and resolve
conflicts arising from extractive activities (see paragraph 18 above).
28.
Despite the common elements characterizing this question, the role of companies
with regard to indigenous rights includes a number of specific aspects, as demonstrated by
the various initiatives launched by the former Working Group on Indigenous Peoples, the
Permanent Forum on Indigenous Issues15 and the Office of the United Nations High
Commissioner for Human Rights.16 The impact of the so-called “megaprojects” on
indigenous peoples was also analysed in a thematic report prepared by the former Special
Rapporteur.17 The various international initiatives carried out to date have analysed how
lack of awareness of indigenous rights gives rise repeatedly to serious situations of
dispossession, environmental contamination, forced displacement and permanent damage to
the culture, spirituality and traditional knowledge of indigenous peoples.
12
13
14
15
16
17
GE.10-15075
A/HRC/15/37/Add.8.
Human Rights Council resolution 8/7.
See summary report on the consultations held by the Special Representative on the issue of human
rights and transnational corporations and other business enterprises (Bogota, 18 and 19 January
2007): www2.ohchr.org/english/issues/trans_corporations/docs/Ruggie-Latin-America-Consultation18-19-January-2007.pdf.
See report of the international workshop on perspectives of relationships between indigenous peoples
and industrial companies (Salekhard, Russian Federation), 1 to 4 July 2007: www.un.org./esa/socdev/
unpfii/documents/workship_PRIPIC_Report.pdf; and report of the international expert group meeting
on extractive industries, indigenous peoples’ rights and corporate social responsibility (Manila, 27 to
29 March 2009) (E/C.19/2009/CRP.8).
See report of the workshop on indigenous peoples, private sector natural resources, energy and
mining companies and human rights (Geneva, 5 to 7 December 2001) (E/CN.4/Sub.2/AC.4/2002/3),
and report on the international workshop on natural resource companies, indigenous peoples and
human rights: setting a framework for consultation, benefit-sharing and dispute resolution (Moscow,
3 and 4 December 2008) (A/HRC/EMRIP/2009/5).
Report of the Special Rapporteur on the situation of human rights and fundamental freedoms of
indigenous people, Rodolfo Stavenhagen, submitted in accordance with Commission resolution
2001/65 (E/CN.4/2003/90).
7