A/HRC/18/35 73. As pointed out above, the question of the rights of indigenous peoples in the context of natural resource extraction and development projects has invariably emerged during his activities as a major area of concern and potential human rights abuse. The responses to the Special Rapporteur’s questionnaire, significant both in number and in quality, have provided the Special Rapporteur with a clear indication of the need to continue working in this area. 74. In this respect, the Special Rapporteur believes that an effective way to advance in the fulfilment of his mandate during the years ahead is to focus on the elaboration of a set of guidelines or principles that will provide specific orientation to Governments, indigenous peoples and corporations regarding the protection of indigenous rights in the context of resource extraction or development projects. The need for specific guidelines was underlined in several of the responses to the Special Rapporteur’s questionnaire, particularly those from Governments and several business corporations and associations. 75. The elaboration of a set of guidelines or principles that operationalize the scope and content of the rights of indigenous peoples in the context of development or extractive projects affecting their territories, as well as of the kind of institutional measures required to guarantee the enjoyment of those rights in this context, is fully consistent with the particular emphasis that the Special Rapporteur’s mandate places on the promotion of best practices and the provision of technical assistance to Governments. 76. Moreover, this line of action is directly connected to the kind of operational measures required by the guiding principles on business and human rights within the “Protect, Respect and Remedy” framework recently endorsed by the Human Rights Council in its resolution 17/4. The guiding principles specify that States, as part of their duty to protect human rights in the context of business enterprises, should “enforce laws that are aimed at, or have the effect of, requiring business enterprises to respect human rights” while also providing “effective guidance to corporate actors” on how to respect human rights throughout their operations.12 77. In his commentaries to these principles, the Special Representative of the SecretaryGeneral emphasized that the fulfilment of State’s duties in this context requires greater clarity in some areas of law and policy, such as those governing access to land, including entitlements in relation to ownership or use of land.13 Furthermore, he noted the need for States to provide “clear guidance to business enterprises on respecting human rights”, including methods to enhance human rights due diligence that recognize the “specific challenges that may be faced by indigenous peoples”. 78. Working towards the operationalization of indigenous peoples rights and of the institutional safeguard required to make them effective in the context of natural resource extraction or development projects could constitute, in the Special Rapporteur’s view, a useful tool in the hands of indigenous peoples and Governments when they define more effective legal frameworks and policies in this area, and also to provide guidance to corporate actors in this regard. 79. While continuing to work in the fulfilment of all the areas of work defined by his mandate, the Special Rapporteur’s work towards the operationalization of indigenous peoples’ rights in the context of extractive projects will require a rerouting of significant efforts and of human and material resources. As stated above, the Special Rapporteur considers of utmost importance the bridging of the divergent viewpoints of States, indigenous peoples and corporate actors in this regard, which necessarily entails the opening of a process of wide consultations and dialogue with all the actors concerned. Expert consultations and studies on specific areas will also be required to promote an 12 13 A/HRC/17/31, annex, principles 3(a)-(c). Ibid., principle 8. 17