A/70/301 brought under such treaties. Overall, however, the majority of investor -State dispute settlement cases have been brought under free trade agreements, with th e North American Free Trade Agreement and the Energy Charter Treaty as the most frequently invoked standards. 3 Investors sometimes bring claims under both free trade agreements and bilateral investment treaties in situations where both are in place between the host and home States. In 2014, the most challenged State practices under investor-State dispute settlement proceedings were cancellations or alleged violations of contracts or concessions and revocations or denials of licences or permits. Other practices challenged include legislative reform, discrimination against foreign investors, water tariff regulation, measures relating to taxation and environmental issues. 3 IV. International investment, free trade and the human rights of indigenous peoples 20. The impact of free trade and international investment agreements on human rights is broadly recognized as including issues such as land rights, environmental degradation, poverty, the State’s regulatory and protective capacity, democratic deficit and challenges to the rule of law in relation to the development and enforcement of such agreements and the Government’s ability to provide services such as health and water. Those issues have been recognized within the human rights and business agenda. The issue was discussed by the Special Representative of the Secretary-General on the issue of human rights and transnational corporations and other business enterprises, and is included within principle 9 of the Guiding Principles on Business and Human Rights. The principle articulates that “States should maintain adequate domestic policy space to meet their human rights obligations when pursuing business-related policy objectives with other States or business enterprises, for instance through investment treaties or contracts”. 21. The following section will look more specifically at both direct and systemic effects of investment and free trade regimes on the human rights of indigenous peoples. The two categories are deeply interrelated and mutually reinforcing, b ut it is valuable to look at them separately as it provides insight into the multilayered ways in which free trade and investment agreements and their enforcement, as described above, affect the human rights of indigenous peoples. Data about the impacts are limited owing to the complex, diffuse and opaque nature of such regimes. Therefore discussion of the issues of concern will summarize both available information and areas for further exploration by the Special Rapporteur during the implementation of her mandate. A. Direct impacts on the rights of indigenous peoples Rights to lands, territories and resources 22. A strong link to lands, territories and natural resources is a characteristic commonly associated with indigenous peoples. As outlined in, inter alia, articles 8, 25, 26, 29 and 32 of the United Nations Declaration on the Rights of Indigenous Peoples, indigenous peoples have the right to the lands, territories and resources that they have traditionally owned, occupied or otherwise used or acquired, as well as the right to own, use, develop and control such resources. Article 1 of the 15-12526 9/24

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