A/HRC/36/53
limited access to capital. Under the Act, the community was able to start charging a goods
and services tax on fuels, cigarettes and alcohol in order to finance its infrastructure and
other needs.26
54.
Exceptions from trade agreements to provide more favourable conditions to
indigenous peoples is another way in which States are supporting indigenous peoples’
businesses. A particular example is the Treaty of Waitangi exception, which ensures that
the Government of New Zealand has the “flexibility to implement domestic policies that
favour Māori without being obliged to offer equivalent treatment to overseas entities”.27
However, trade agreements in general continue to raise concerns about indigenous peoples’
rights, as recently documented by the Special Rapporteur on the rights of indigenous
peoples (see A/HRC/33/42).
55.
States are also taking measures to facilitate access to credit and other financial
services for indigenous peoples, who often face challenges in that regard due to
discrimination, geographic isolation or other factors. For example, Australia has a statutory
agency, Indigenous Business Australia, that provides grants and loans for indigenous
business people who cannot access funding from mainstream banking services. Among
other initiatives, the agency supported the development of a set of Indigenous Investment
Principles, which provide guidance to indigenous Australians, organizations and
communities to develop greater economic resilience and to be strong, active participants in
the Australian economy.28
56.
In Malaysia, agent banking enables consumers in remote areas to obtain banking
services through licensed financial institutions operated by third-party agents, such as retail
outlets or post offices. Since the introduction of the system in 2012, almost 8,000 agent
banks have been established throughout the country. 29
57.
In Mexico, the Commission for the Development of Indigenous Peoples supports the
development and improvement of productive processes through the Programme for the
Improvement of Indigenous Production and Productivity. The goal is to contribute to the
consolidation of productive and tourism projects for indigenous peoples, through their
communities or businesses, in order to increase income and promote equality between men
and women.30
58.
Other initiatives to support indigenous business include cash transfers and economic
incentives for indigenous activities. Some States are also creating a market for indigenous
products through their purchasing power. A number of those types of initiatives to support
indigenous peoples’ entrepreneurship have been introduced in the Russian Federation. At
the regional level, the initiatives include the 2001 law on traditional livelihoods of
numerically small indigenous peoples in Khanty-Mansi Autonomous Area, which
established state support mechanisms to pay subsidies to indigenous people engaged in
traditional indigenous activities, such as reindeer husbandry, horse-breeding, hunting and
fishing. Another law in Khanty-Mansi Autonomous Area provides support to organizations
that are engaged in the preservation of traditional livelihoods and crafts. In order to be
eligible for such support, the organization needs to employ indigenous peoples in its
governing bodies, and half of its employees must be of indigenous origin. The organization
also needs to derive 70 per cent of its income from traditional forms of economic
activities.31
26
27
28
29
30
31
12
See Stelios Loizides and Wanda Wuttunee, Creating Wealth and Employment in Aboriginal
Communities (Ottawa, Conference Board of Canada, 2005).
New Zealand, “TPP and Māori Development” (2016), p. 3. Available from
www.beehive.govt.nz/sites/all/files/TPP%20Factsheet%20%20TPP%20and%20Maori%2021%20Jan%202016.pdf.
See the submission from Australia.
See the statement made by Malaysia at the tenth session of the Expert Mechanism.
See the submission from Mexico.
Alexey Tsykarev and Natalya Novikova, presentations to the expert seminar on good practices and
challenges for indigenous peoples’ entrepreneurship.