A/HRC/54/31/Add.2
(a)
Support an Indigenous-led process to develop new federal policies and
legislation addressing the recognition and implementation of treaty rights to land title,
and legal jurisdiction;
(b)
Honour the treaties entered into with Indigenous Peoples and establish
effective, transparent bilateral processes with the full participation of Indigenous
Peoples to resolve conflicts, ensure implementation, and settle disputes concerning land,
water, food, health, consent and other rights affirmed in those treaties;
(c)
Guarantee in law and in practice the right to free, prior and informed
consent, in accordance with the United Nations Declaration on the Rights of Indigenous
Peoples and other relevant international standards, including the treaties concluded
with Indigenous Peoples.
Impact of business activities and climate change on Indigenous Peoples
96.
Canada should:
(a)
Develop a national action plan on business and human rights;
(b)
Recognize the extraterritorial human rights obligations of Canadian
companies operating abroad and ensure that they are held accountable for human
rights violations committed in other countries, including against Indigenous Peoples;
(c)
Adopt human rights and environmental due diligence legislation to
require companies to proactively prevent violations of human rights, including rights
contained in the United Nations Declaration on the Rights of Indigenous Peoples;
(d)
Establish mechanisms to ensure that government support to companies,
including political and commercial support by embassies and financing through Export
Development Canada, is conditional on respect for international human rights and
environmental standards, including the Declaration;
(e)
Reform the office of the Canadian Ombudsperson for Responsible
Enterprise to ensure that it is fully independent, and strengthen its mandate by granting
it full investigatory powers, establish effective safeguards to protect Indigenous
petitioners from reprisals and create greater awareness of the mechanism;
(f)
Adopt a rights-based approach to the establishment or expansion of
existing protected areas and conduct meaningful consultations with Indigenous Peoples
to obtain their free, prior and informed consent when their rights are affected;
(g)
Provide support and adequate funding for Indigenous-led initiatives
related to biodiversity conservation, climate resiliency and environmental disaster
mitigation;
(h)
Implement existing commitments to remediate mercury contamination in
the Grassy Narrows First Nation and take immediate measures to address its ongoing
impacts on the community’s health and well-being, including compensation for the
mercury contamination and other environmental harms;
(i)
Suspend large-scale mining and other business activities in the Ring of
Fire region and cease construction or operation of the Coastal GasLink, Trans
Mountain and Line 5 pipelines, until the free, prior and informed consent of the
Indigenous Peoples affected is secured;
(j)
Implement the Impact Assessment Act in consultation and coordination
with affected Indigenous Peoples and respect impact assessments conducted by
Indigenous Peoples according to their own laws and protocols with regard to business
activities and projects affecting them;
(k)
Halt the criminalization of Indigenous human rights defenders peacefully
defending their lands and resources from extractive industries and other business
actors.
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GE.23-13374