A/HRC/15/37
40.
In its General Recommendation XXIII on the rights of indigenous peoples, the
Committee on the Elimination of Racial Discrimination placed special emphasis on the
problem of the loss of indigenous lands and resources to, inter alia, “commercial
companies” and the threat that such loss posed to the “preservation of their culture and their
historical identity”.27 That concern has been duly reflected in the practice of the Committee
and of other treaty bodies such as the Human Rights Committee and the Committee on
Economic, Social and Cultural Rights which, as reported by the Special Representative,
have emphasized the need for States to take measures to regulate and investigate the
activities of extractive industries and, as appropriate, to sanction them for any abuses of
indigenous rights.28
41.
Regulatory or self-regulatory frameworks governing corporate responsibility with
regard to indigenous peoples have been more fully developed than in other specific human
rights fields.29 Various international financial institutions, including the World Bank and its
International Finance Corporation (IFC), have developed special performance requirements
or policies to encourage public or private companies to ensure a minimum level of respect
for international indigenous rights standards in their activities, in such key areas as
consulting or territorial rights.30
42.
Various corporate social responsibility (CSR) initiatives by civil society or by the
corporate sector, referring either to individual or sectoral responsibility, include specific
standards concerning respect for and promotion of indigenous rights. For example, under its
Principles and Criteria for Forest Management, used for forest certification, the Forest
Stewardship Council (FSC) has included respect for the customary rights of indigenous
peoples to own, use and manage their lands and territories.31 The multisectoral Global
Reporting Initiative (GRI) also includes indigenous rights in its guidelines for the voluntary
submission of sustainability reports32 and specifically in relation to the mining and metals
sector.33 The International Council on Mining and Metals (ICMM), an international
organization which brings together leading companies in the sector, has adopted a position
statement on mining and indigenous peoples.34
43.
According to the information gathered by the Special Representative of the
Secretary-General on human rights and transnational corporations, the corporate social
responsibility policies of individual private companies, especially the extractive industries,
include broader commitments to indigenous communities than to other social sectors. Such
commitments range from respect for local cultures and communities, to improving the
economic conditions of those communities and, at times, to requiring free, prior and
informed consent.35
27
28
29
30
31
32
33
34
35
10
A/52/18, annex V, para. 3.
A/HRC/4/35/Add.1, para. 17.
Loc. cit. (see footnote 14 above).
World Bank, Operational Policy OP 4.10 and Bank Procedure BP 4.10 (2005); IFC, Performance
Standard PS-7, Asian Development Bank, Social Requirement SR-2 (1998, under revision); InterAmerican Development Bank, Operational Policy OP-765 (2006); European Bank for Reconstruction
and Development, Performance Requirement PR-7 (2008).
Forest Stewardship Council (FSC), Principles and Criteria for Forest Management (2002): www.
fscus.org/standards_criteria/.
Available at: www.globalreporting.org/ReportingFramework/SectorSupplements/MiningAndMetals/.
Available at: www.globalreporting.org/NR/rdonlyres/54851C1D-A980-4910-82F1-0BDE4BFA6608/
2729/G3_SP_RG_Final_with_cover.pdf.
ICMM, position statement on mining and indigenous peoples (2009), available at: www.icmm.com/
document/293.
A/HRC/4/35/Add.3, paras. 60 to 62.
GE.10-15075