A/HRC/36/53
working conditions. That has put particular pressure on indigenous youth, who often leave
their communities to search for work in cities. Indigenous women face similar challenges
when combining their unpaid domestic work and paid work in the labour market.
8.
The International Labour Organization (ILO) Discrimination (Employment and
Occupation) Convention, 1958 (No. 111) is a widely ratified international instrument,
grounded in the human rights principle of equal economic opportunities. In interpreting the
Convention, the ILO Committee of Experts on the Application of Conventions and
Recommendations has reaffirmed the key contribution of indigenous peoples’ traditional
occupations to addressing their economic marginalization, underlining the importance of
access to lands and resources for them to engage in their traditional occupations.1 ILO has
argued that “discrimination in the labour market, by excluding members of indigenous
communities from work or by impairing their chances of developing market-relevant
capabilities, lowers the quality of jobs they can aspire to”.2
9.
The international obligation to respect, protect and promote indigenous peoples’
traditional economies is similarly enshrined in article 23 of the ILO Indigenous and Tribal
Peoples Convention, 1989 (No. 169), which provides that “rural and community-based
industries, and subsistence economy and traditional activities of the peoples concerned,
such as hunting, fishing, trapping and gathering, shall be recognised as important factors in
the maintenance of their cultures and in their economic self-reliance and development”.
10.
The right to economic self-determination, including through control over natural
resources, is also enshrined in article 1 of the 1986 United Nations Declaration on the Right
to Development.
11.
Indigenous peoples’ right to their economic systems is an enabling right that
facilitates the enjoyment and exercise of other rights. The former Special Rapporteur on the
rights of indigenous peoples, James Anaya, concluded in his 2013 report on extractive
industries and indigenous peoples that the enjoyment of self-determination and related
rights may be enhanced when indigenous peoples freely choose to develop their own
resource extraction enterprises backed by adequate capacity and internal governance
institutions (see A/HRC/24/41, para. 11).
12.
The United Nations “Protect, Respect and Remedy” Framework on business and
human rights reaffirms that businesses can contribute to the realization of human rights,
including the right of those who suffer the most discrimination. Businesses constitute
powerful forces capable of generating economic growth, reducing poverty, and increasing
demand for the rule of law, thereby contributing to the realization of a broad spectrum of
human rights (see A/HRC/8/5, para. 2).
13.
However, the Framework fails to pay particular attention to the negative impact that
dispossession of land and natural resources has had on indigenous peoples’ capacity to do
business and become actors of inclusive growth. The Framework also fails to look into
potential lessons that could be learned from indigenous peoples’ traditional economic
models that have enabled them over centuries to balance successfully economic, social,
cultural and environmental objectives.
14.
The Sustainable Development Goals also establish a link between business, human
rights and discrimination-free living conditions for those left furthest behind, including
indigenous peoples. Goal 10 on reduced inequalities in income should be broadly
understood as including income generated by indigenous peoples from their traditional
economies, which deserve equal protection, respect and promotion as sources of income.
Goal 8 on sustained, inclusive and sustainable economic growth, full and productive
employment and decent work for all, is also of key relevance. Indigenous businesses have
1
2
4
See the Committee’s direct request to Cambodia. Available from
www.ilo.ch/dyn/normlex/en/f?p=NORMLEXPUB:13100:0::NO::P13100_COMMENT_ID:3254923.
ILO Leaflet No. 5 on discrimination in employment and occupation, p. 1. Available from
http://pro169.org/res/materials/en/discrimination/Leaflet%20on%20Discrimination%20in%20Employ
ment%20&%20Occupation.pdf.