A/HRC/36/53 economic gaps that may exist between indigenous and other members of the national community, in a manner compatible with their aspirations and ways of life”. 22. Generally, indigenous peoples’ economic activities aim not only at generating resources but also strengthening indigenous cultures, rebuilding communities’ self-esteem, breaking systemic barriers of discrimination, protecting their lands and natural resources, reclaiming their place in economic affairs and becoming key actors in their self-determined development. 23. Notwithstanding their considerable diversity, indigenous peoples’ economies place a strong emphasis on both social and economic returns to communities. Indigenous peoples’ ways of understanding business do not necessarily define success by the amount of profit made, but rather by the benefits that a business can provide to their families and communities. 24. That indigenous notion of corporate social responsibility appears to be grounded in human rights and seems different from the dominant corporate social responsibility model, which is guided by charity, free from binding norms and focused on corporate public image. Indigenous businesses or economic activities are commonly discussed as part of a broader governing strategy for the management of indigenous peoples’ lands and natural resources and include the definition of internal agreements regarding the manner and the extent of development of economic activities to avoid severe impacts on the communal way of life. 5 As noted by former Expert Mechanism member Jannie Lasimbang, “any indigenous economic system is part of an economic and social totality that connects and governs the lives of its peoples. Social responsibility and reciprocity are embedded into behavioral norms within indigenous social systems”.6 The mainstream globalization-guided business model, which is often criticized for lacking social dimensions, 7 could learn from indigenous peoples’ understanding of businesses grounded in community values and human rights principles. 2. Indigenous peoples’ business as a safeguard for their right to lands, territories and resources 25. Indigenous peoples’ activities, including those of an economic nature, constitute the core basis for their rights over lands and resources, which they hold not only for themselves but also for future generations. Immemorial use and occupation of lands, territories and resources constitute the primary means of proof of indigenous peoples’ rights and claims over a given territory, as substantiated by several court decisions. Article 26 of the Declaration states that rights over lands derive from traditional use and occupation, including for economic purposes. 26. Regional human rights mechanisms have reaffirmed that indigenous peoples’ economic activities on their lands and territories, including exploitation or conservation of resources thereon, are constitutive elements of their right to lands. For instance, the InterAmerican Court of Human Rights concluded in the Saramaka case that: The right to use and enjoy their territory would be meaningless in the context of indigenous and tribal communities if said right were not connected to the natural resources that lie on and within the land…This connectedness between the territory and the natural resources necessary for their physical and cultural survival is precisely what needs to be protected (Saramaka People v. Suriname, para. 122). 27. The African Commission on Human and Peoples’ Rights reached a similar conclusion, indicating that the Endorois indigenous people’s right over their ancestral lands 5 6 7 6 See for example, the following initiatives from Brazil: Plano de Gestão do Território Indígena do Xingu (2016), Governança e Bem Viver Indígena: Planos de Gestão Territorial e Ambiental das Terras Indígenas do Alto e Médio Rio Negro, and Plano de Gestão da Terra Indígena Mamoadate. Jannie Lasimbang, “Indigenous peoples and local economic development”, p. 43. See John Ruggie, “Keynote address: United Nations Forum on Business and Human Rights” (14 November 2016). Available from www.ohchr.org/Documents/Issues/Business/ForumSession5/Statements/JohnRuggie.pdf.