A/HRC/15/37 40. In its General Recommendation XXIII on the rights of indigenous peoples, the Committee on the Elimination of Racial Discrimination placed special emphasis on the problem of the loss of indigenous lands and resources to, inter alia, “commercial companies” and the threat that such loss posed to the “preservation of their culture and their historical identity”.27 That concern has been duly reflected in the practice of the Committee and of other treaty bodies such as the Human Rights Committee and the Committee on Economic, Social and Cultural Rights which, as reported by the Special Representative, have emphasized the need for States to take measures to regulate and investigate the activities of extractive industries and, as appropriate, to sanction them for any abuses of indigenous rights.28 41. Regulatory or self-regulatory frameworks governing corporate responsibility with regard to indigenous peoples have been more fully developed than in other specific human rights fields.29 Various international financial institutions, including the World Bank and its International Finance Corporation (IFC), have developed special performance requirements or policies to encourage public or private companies to ensure a minimum level of respect for international indigenous rights standards in their activities, in such key areas as consulting or territorial rights.30 42. Various corporate social responsibility (CSR) initiatives by civil society or by the corporate sector, referring either to individual or sectoral responsibility, include specific standards concerning respect for and promotion of indigenous rights. For example, under its Principles and Criteria for Forest Management, used for forest certification, the Forest Stewardship Council (FSC) has included respect for the customary rights of indigenous peoples to own, use and manage their lands and territories.31 The multisectoral Global Reporting Initiative (GRI) also includes indigenous rights in its guidelines for the voluntary submission of sustainability reports32 and specifically in relation to the mining and metals sector.33 The International Council on Mining and Metals (ICMM), an international organization which brings together leading companies in the sector, has adopted a position statement on mining and indigenous peoples.34 43. According to the information gathered by the Special Representative of the Secretary-General on human rights and transnational corporations, the corporate social responsibility policies of individual private companies, especially the extractive industries, include broader commitments to indigenous communities than to other social sectors. Such commitments range from respect for local cultures and communities, to improving the economic conditions of those communities and, at times, to requiring free, prior and informed consent.35 27 28 29 30 31 32 33 34 35 10 A/52/18, annex V, para. 3. A/HRC/4/35/Add.1, para. 17. Loc. cit. (see footnote 14 above). World Bank, Operational Policy OP 4.10 and Bank Procedure BP 4.10 (2005); IFC, Performance Standard PS-7, Asian Development Bank, Social Requirement SR-2 (1998, under revision); InterAmerican Development Bank, Operational Policy OP-765 (2006); European Bank for Reconstruction and Development, Performance Requirement PR-7 (2008). Forest Stewardship Council (FSC), Principles and Criteria for Forest Management (2002): www. fscus.org/standards_criteria/. Available at: www.globalreporting.org/ReportingFramework/SectorSupplements/MiningAndMetals/. Available at: www.globalreporting.org/NR/rdonlyres/54851C1D-A980-4910-82F1-0BDE4BFA6608/ 2729/G3_SP_RG_Final_with_cover.pdf. ICMM, position statement on mining and indigenous peoples (2009), available at: www.icmm.com/ document/293. A/HRC/4/35/Add.3, paras. 60 to 62. GE.10-15075

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