E/2009/43 E/C.19/2009/14 13. The Permanent Forum supports the work of the Special Representative to urge States to integrate human rights into those areas that most affect business practices, including corporate law, export credit and insurance, investments and trade agreements. The Forum suggests that the Special Representative urge States to ensure that such business practices comply with the relevant provisions of the United Nations Declaration on the Rights of Indigenous Peoples. The Forum urges the Special Representative to incorporate the specific views and distinct perspectives of indigenous peoples on social and economic development. Regarding the Americas, corporations must also comply with the rulings of the Inter-American Court of Human Rights, which construe the States’ obligations under International Labour Organization (ILO) Convention (No. 169) concerning Indigenous and Tribal Peoples in Independent Countries with regard to the Declaration as extending even to States that have not ratified the Convention. The Forum recommends that this principle be applied in other jurisdictions. 14. The Permanent Forum recommends that transnational corporations and other business enterprises adopt minimum standards consistent with the United Nations Declaration on the Rights of Indigenous Peoples as a requirement of due diligence. This process has four core elements: the existence of a human rights policy; assessment of the impact on human rights of company activities; integration of those values and findings into corporate culture; and tracking of and reporting on performance. 15. The Permanent Forum recommends that in the case of projects affecting indigenous peoples, States ensure that transnational corporations and other business enterprises comply with specific standards contained in the United Nations Declaration on the Rights of Indigenous Peoples and ILO Convention No. 169. 16. The Permanent Forum recommends that, in order to ensure access to effective remedies, States enforce corporate compliance with relevant laws and standards. Transnational corporations and other business enterprises should put into place operational-level grievance mechanisms to provide early warning and help resolve problems before they escalate. Significant barriers to accessing effective judicial and non-judicial remedies persist, and the Forum supports the work of the Special Representative in identifying and proposing ways of eliminating those barriers. 17. The Permanent Forum supports the recommendations of the international expert group meeting on extractive industries, indigenous peoples’ rights and corporate social responsibility addressed to extractive industry corporations, States, United Nations agencies, funds and programmes, indigenous peoples, nations and organizations, and international financial institutions, contained in a paper presented to the Forum. 2 18. The Permanent Forum decides to appoint as Special Rapporteur Victoria Tauli-Corpuz, a member of the Forum, to conduct a study on the impacts of the global economic crisis on indigenous peoples, to identify measures and proposals for Governments and United Nations bodies, agencies, funds and programmes to address the impacts and to report thereon to the Forum at its ninth session, in 2010. 19. The Permanent Forum calls upon States and corporations to fully recognize the presence and effective participation of indigenous peoples in all negotiation __________________ 2 4 See E/CN.19/2009/CRP.8. 09-36351

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