A/HRC/36/53 However, there is still no agreement or legislation that formalizes the implementation of the principle of free, prior and informed consent, despite various treaty body recommendations and comments in general and to Sweden, specifically, on that subject. 85. In Norway, the lack of implementation of the right to self-governance in traditional businesses and livelihoods, such as Sámi reindeer herding, coastal fisheries, sea and river salmon fishing and spring duck hunting, is a major challenge. State management of indigenous Sámi reindeer herding under the Norwegian Reindeer Herding Act of 2007, particularly the State’s right to decide on the obligatory reduction of the number of reindeer each Sámi herder can own, has recently been challenged in courts. Enforced decimation of Sámi reindeer herders’ herds through State management bodies for reindeer herding must be in accordance with international human rights standards, particularly the right to property under the Convention for the Protection of Human Rights and Fundamental Freedoms (the European Convention on Human Rights). 86. Those challenges undermine indigenous peoples’ business capacities and opportunities. For example, the restrictions put on indigenous peoples’ ability to protect and benefit from their land and resources constitutes one of the main obstacles to real economic development among First Nations, Métis and Inuit in Canada. Due to the loss of their land and limitations set by the various levels of government on how they can use and benefit from their land and natural resources, indigenous peoples in Canada have become increasingly dependent on welfare provided by federal or provincial governments.58 When indigenous peoples cannot access general financial credits for improving or ensuring their crops due to lack of recognition of land rights, there is a growing dependency on welfare. 59 Such dependency is sometimes being unfairly used to justify the lack of demarcation of indigenous lands as a supposed indicator of the lack of capacity of indigenous peoples to use their traditional lands. C. Lack of inclusive indigenous governance and leadership in business 87. A number of human rights-related challenges facing indigenous peoples’ businesses are linked to their communities’ structures and institutions. Having an enabling environment for businesses in indigenous communities is often contingent on social stability and legitimate governance structures. Without those internal governance arrangements it can be difficult for communities to control disparate interests and to have the necessary stability to instil investment confidence. 88. Alongside effective governance structures, indigenous communities and business leaders also need to have a clear corporate vision that is inclusive, taking into account specific types of discrimination faced by certain groups within communities. Economic development initiatives are more likely to be successful when they are indigenous-led and when leaders have a clear vision that aligns market needs and opportunities with community capacity. Indigenous communities in which successful enterprises have been developed tend to have leaders who have assessed the business possibilities available to the community in consultation with community members. 89. Therefore, initiatives to strengthen self-governing institutions, particularly those related to the use or management of land and resources and that also consider social and 58 59 18 Sápmi and Sweden. Available from www.sametinget.se/92639. See also Minerals and Mines in Sápmi: the Viewpoint of the Swedish Sami Parliament, 2014. Available from https://www.sametinget.se/87915. See State of the World’s Indigenous Peoples. In 2016, 112,081 indigenous families accessed the Bolsa Família, whereas in 2010, the number was 66,168. See Fany Ricardo and Beto Ricardo, eds., Povos Indígenas no Brasil: 2011/2016 (São Paulo: Instituto Socioambiental, 2017). See also www1.folha.uol.com.br/poder/2016/09/1810078-bolsafamilia-altera-rotina-de-indigenas-na-regiao-do-xingu.shtml.