A/HRC/36/53
much to contribute to the goal of generating employment and ensuring sustainable
livelihoods.3
15.
The Convention on Biological Diversity also provides recognition of the links
between indigenous traditional knowledge, sustainable customary use of biological
resources and its wider potential benefits. According to article 8 (j), States shall respect,
preserve and maintain knowledge, innovations and practices of indigenous and local
communities and promote their wider application with the approval and involvement of the
holders of such knowledge, and encourage the equitable sharing of the benefits arising from
the utilization of such knowledge, innovations and practices. Traditional knowledge issues
cut across many domains in relation to global environmental issues, including biodiversity
conservation, natural resource management, business development, use of genetic resources
and climate change.
16.
The Paris Agreement acknowledges the role of indigenous peoples’ traditional
knowledge in addressing climate change (art. 7 (5)) and reminds States to respect, promote
and consider their human rights obligations when taking action to address climate change
(preamble). Indigenous peoples should therefore have a legitimate stake in climate changerelated businesses, funding and financial services.
B.
Indigenous peoples’ rights-based approaches to business
17.
Indigenous peoples’ economic systems consist of a diversity of activities for selfdetermined development. Those activities have traditionally been mostly for subsistence
and include small-scale agriculture, hunting, gathering, animal husbandry and artisanal
activities such as weaving, carpentry, carving and blacksmithing. 4 The present section
deconstructs indigenous peoples’ economies and businesses with a view to understanding
the human rights features that make them unique and contribute to their resilience.
1.
Indigenous peoples’ business as a safeguard for their right to live in dignity
18.
Economic redress and empowerment of indigenous peoples and the corresponding
right to undertake economic activities is not a goal in itself, but a means for indigenous
peoples to attain their right to the dignity and diversity of their cultures, traditions, histories
and aspirations, as guaranteed in the United Nations Declaration on the Rights of
Indigenous Peoples (art. 15).
19.
The right of indigenous peoples to maintain and develop their economic systems and
institutions, including the right to be secure in the enjoyment of their own means of
subsistence and development, and to engage freely in all their traditional and other
economic activities is enshrined in the Declaration (art. 20), which further provides that
indigenous peoples deprived of their means of subsistence and development are entitled to
just and fair redress (art. 20).
20.
The Declaration also requires States to combat prejudice and eliminate
discrimination and to promote tolerance, understanding and good relations among
indigenous peoples and all other segments of society (art. 15). That applies to prejudiced
views that consider indigenous peoples’ use, ownership and occupation of lands and
resources as wasteful and economically unworthy.
21.
Article 2 of the ILO Indigenous and Tribal Peoples Convention provides for
indigenous peoples’ economic empowerment as a means for restoring respect for their
cultures, customs, traditions and institutions. To that end, States are required to take
measures to “promote the full realisation of the social, economic and cultural rights of these
peoples with respect for their social and cultural identity, their customs and traditions and
their institutions … assisting the members of the peoples concerned to eliminate socio3
4
See the submission from the New Zealand Human Rights Commission.
Jannie Lasimbang, “Indigenous peoples and local economic development”, Global Thinking for Local
Development, vol. 5 (2008). Available from http://pro169.org/res/materials/en/development/
IPs%20and%20Local%20Economic%20Development.pdf.
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