A/HRC/33/42/Add.1
internationally recognized human rights and to participate in relevant processes of the
Human Rights Council, such as the universal periodic review.
103. The Special Rapporteur encourages the Brazilian Development Bank (BNDES)
to align its policies with those of other international financial institutions, such as the
International Financial Corporation, and to develop specific safeguards aimed at
ensuring that it does not fund projects that pose a risk to indigenous peoples’ rights.
These policies should guarantee that indigenous peoples are consulted, their free,
prior and informed consent is obtained and transparent and participatory
environmental, social and human rights impact assessments are conducted whenever
their rights are potentially impacted by a project funded by the Bank.
104. In keeping with their independent obligations to respect indigenous peoples’
rights, corporations, including banks and other investment facilities, should conduct
due diligence in relation to indigenous peoples’ rights, including their land and
consultation and consent rights, both for their own operations and for those in their
supply chains. In all cases where human rights have been violated, companies should
participate in meaningful remediation processes in consultation with the concerned
indigenous peoples, use their leverage to prevent further rights violations and ensure
appropriate remediation.
105. The Special Rapporteur reiterates the recommendations of the Working Group
on Business and Human Rights on its mission to Brazil in 2016 regarding the need to
(a) review the use of the security suspension mechanism in the context of vulnerable
communities affected by development projects; (b) promptly carry out indigenous
land demarcation and ensure that it remains the responsibility of the executive,
contrary to the proposal contained in PEC 215 to place it under the responsibility of
the legislature; (c) improve the capacity of and the resources allocated to the Brazilian
Institute of Environment and Renewable Natural Resources (IBAMA) and improve
coordination between the Institute and FUNAI in order to strengthen the regulation of
large development projects and deliver sustained protection for affected communities
and enable them to monitor the social and environmental impacts of such projects and
the fulfilment of any conditions imposed in mitigation plans. 22
106. The Special Rapporteur also urges the Government to implement the
recommendations from the 2012 universal periodic review that it had accepted, with
regard to the need to ensure protection of leaders of indigenous peoples and human
rights defenders fighting for their rights; awareness campaigns on the rights of
indigenous peoples and the implementation of laws related to them; implementation of
consultation and consent rights in accordance with ILO Convention No. 169 and the
United Nations Declaration on the Rights of Indigenous Peoples in relation to projects
and legislative and administrative measures impacting them; greater protection of
their rights to land, territories and resource, as recognized in the Constitution and
ILO Convention No. 169; and poverty reduction and social services that directly
target indigenous peoples in a culturally appropriate manner. 23
107. Implementation of the recommendations in the present report as well as the
recommendations of the previous mandate holder on his visit to Brazil in 2009, of the
Working Group on Business and Human Rights and of the universal periodic review
process should proceed with the full and effective participation of indigenous peoples.
22
23
See A/HRC/32/45/Add.1, para.70 (k), (l), (q) and (s).
See A/HRC/21/11.
23