A/HRC/54/52 allows violent practices by private security forces, armed mercenaries and State forces to continue unabated.142 73. The effective implementation of collective reparations programmes and the full recognition of Indigenous Peoples, particularly women, as victims of violence constitute the cornerstone of the reconciliation process and an important element in fighting discrimination and marginalization. 143 “Peace agreements, truth commissions and other constructive arrangements that recognize and protect Indigenous Peoples’ land tenure are required to put an end to internal conflicts.”144 For inclusive responses to militarization, Indigenous Peoples, including Indigenous women, must be included.145 It has been noted that Indigenous Peoples play an important role in sustaining conflict agreements.146 74. Ways to ensure that grievance mechanisms are accessible to women include community-based reporting, telephone hotlines, and official legal complaints. Grievance mechanisms must ensure that plaintiffs are protected to avoid retaliation by individual workers or the corporation at large. Assurance of anonymity may be a prerequisite to participation by many women.147 75. Positive examples of national jurisprudence include reparations for violations of Indigenous Peoples’ rights in the context of armed conflict. In February 2016, the Guatemalan Court for High-Risk Crimes convicted two former military officers of crimes against humanity and approved reparations for 11 Indigenous Q’eqchi’ women who had been subjected to sexual violence during the country’s 30-year conflict. The Sepur Zarco case was the first case of conflict-related sexual violence challenged under the Guatemalan penal code. It was the first time that a national court had considered charges of sexual slavery during an armed conflict – a crime under international law.148 76. In January 2018, a federal court in the State of Amazonas in Brazil demanded compliance with free, prior and informed consent for the Waimiri Atroari people regarding any law or development plan affecting them and regarding military activities on their lands.149 77. In Mexico, through a process of consultation and dialogue, the Federal Government and the Traditional Authorities of the Yaqui People reached agreement in 2021 on a justice plan to address their historical claims to land and territory, and water, and in relation to the environment, and for their well-being, security and full development. At the presentation of the Yaqui Justice Plan, the President of Mexico apologized to the Yaqui people for the historical injustices.150 78. In terms of corporate accountability across borders, the Ontario Superior Court of Justice decision in Choc v. Hudbay Minerals Inc. and the Court of Appeal for British Columbia decision in Garcia v. Tahoe Resources Inc. suggest that Canadian courts are, for the first time, ready to play a regulatory role in preventing and remedying human rights violations committed abroad by private security personnel of Canadian corporations. The Guiding Principles on Business and Human Rights advocate for corporations and States to be considered part of the human rights law framework. States should set out clearly the expectation that all business enterprises domiciled in their territory and/or jurisdiction respect human rights throughout their operations. The Guiding Principles rest on three pillars, the third of which is victims’ access to effective remedies. This is reflected in principle 25, which stipulates that a State’s duty to protect against business-related human rights abuse includes sufficient judicial, administrative and legislative measures to provide an effective remedy. 142 143 144 145 146 147 148 149 150 GE.23-14759 See A/HRC/33/42/Add.1. A/HRC/16/51/Add.3 and A/HRC/16/51/Add.3/Corr.1. Submission from the Special Rapporteur on the rights of Indigenous Peoples. Aboi Paul Ngole, Matheniko Development Forum, presentation at the Expert Seminar, Geneva, December 2022. Ibid. Nora Götzmann, Linnea Kristiansson and Julia Hillenbrand, Towards Gender-Responsive Implementation of Extractive Projects (Danish Institute for Human Rights, 2019). See https://www.unwomen.org/es/news/stories/2017/10/feature-guatemala-sepur-zarco-in-pursuit-oftruth-justice-and-now-reparations (in Spanish). See A/HRC/39/62. See https://www.inpi.gob.mx/gobmx-2021/Plan-de-Justicia-del-Pueblo-Yaqui.pdf (in Spanish). 17