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assessments prior to signing all such treaties. Human rights assessments should
routinely include specific consideration of the impact on the collective and
individual rights of indigenous peoples developed through direct consultation
with indigenous communities;
(d) Member States ensure that gender considerations are adequately
integrated into the development of such human rights impact assessments and
that its intersecting relationship with other sources of discrimination be
analysed so that the specific vulnerability of indigenous women to the effects of
investment practices is considered;
(e) Member States involve indigenous representatives, including women,
in the negotiating process for all investment and free trade agreements when
human rights impact assessments have identified potential issues relating to
indigenous peoples;
(f)
including
including
within all
In consultation with indigenous peoples, Member States consider
exception clauses to protect the rights of indigenous peoples,
to ancestral land, related resources and autonomous government,
relevant free trade and investment agreements;
(g) Member States ensure that references to the duties of both
Governments and businesses to respect human rights, in accordance with the
Guiding Principles on Business and Human Rights, are included in all new and
renegotiated international investment agreements;
(h) For as long as investor-State dispute settlement tribunals take place,
Member States routinely ensure that international human rights law, including
all specific provisions on indigenous peoples, are used as a source of law in
dispute arbitrations;
(i) Member States publish the results of all arbitration decisions made
in investor-State dispute settlement cases, including any specific information on
dimensions relating to the rights of indigenous peoples;
(j) Member States include analysis of the impact of investment and free
trade agreements on indigenous peoples’ rights and legal and policy responses
in the development of national action plans on business and human rights and
the implementation of the Guiding Principles on Business and Human Rights;
(k) Member States ratify the Convention on Transparency in Treatybased Investor-State Arbitration, which opened for signature in March;
(l) Member States invest in targeted monitoring, research, and
evaluation that develops understanding of the impact of international
investment agreements on indigenous peoples and prepare reports on the
effectiveness of policy and legal interventions to mitigate that impact.
78. Concerning deeper systemic reform, the Special Rapporteur recommends
that Member States:
(a) Act collectively to consider ways to achieve better balance between
investor and corporate rights and the human rights of all citizens within
investment and free trade regimes;
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