UNITED NATIONS

DECLARATION ON
THE RIGHTS OF
INDIGENOUS PEOPLES
A Business
Reference Guide
2
About the United Nations Global Compact
The United Nations Global Compact (the UN Global Compact) is a call to companies everywhere to
voluntarily align their operations and strategies with ten universally-accepted principles in the areas of
human rights, labour, environment and anti-corruption, and to take action in support of United Nations
(UN) goals, including the Millennium Development Goals. The UN Global Compact is a leadership
platform for the development, implementation, and disclosure of responsible corporate policies and
practices. Launched in 2000, it is the largest corporate responsibility initiative in the world with over 10,000
signatories based in 140 countries. For more information visit www.unglobalcompact.org.
Acknowledgements
The Business Reference Guide to the UN Declaration on the Rights of Indigenous Peoples has been an
international collaborative effort over more than 18 months. It grew out of dialogue among a group of
Global Compact LEAD companies that wanted to enhance understanding of the rights of indigenous
peoples, and what to do to respect and support these rights.
The UN Global Compact expresses its deep appreciation to all those who have contributed to the project.
Special gratitude goes to the team from White & Case LLP, which provided extensive pro-bono research,
drafting and editing support throughout the project, and to Alice Cope who collaborated with White & Case
to produce the rst draft, and who has remained involved throughout.
During the public consultation period, thousands of people across the globe were invited to participate in
the drafting and development of the Guide through channels such as the Global Compact bulletin, website,
and Local Networks. We wish to acknowledge comments on drafts of the Guide received from indigenous
peoples, companies, businesses and industry associations, academia, international organizations, NGOs,
experts and other individuals. Along with over 60 written submissions, additional input was received online
by email and webinars, and through in-person meetings. First Peoples Worldwide facilitated an in-person
consultation with indigenous leaders from around the world for the Global Compact on the occasion of the
Twelfth Session of the UN Permanent Forum on Indigenous Issues.
The Ofce of the High Commissioner for Human Rights, Secretariat of the Permanent Forum on Indigenous
Issues, and International Labour Organization provided invaluable advice and input throughout the project.
The Global Compact gratefully acknowledges members of the multi-stakeholder Expert Group convened to
assist with nalizing the Guide, including:
Rebecca Adamson, President and Founder, First Peoples Worldwide
Chris Anderson, Director for Communities and Social Performance, Rio Tinto
Diana Chavez, Director, Regional Center for the Support of the Global Compact in Latin America
Natalia Gonchar, Head of Social Performance, Sakhalin Energy
David Hircock, Natural Resource Advisor, Estee Lauder
Catherine Hunter, Head of Corporate Citizenship, KPMG Australia
Cssio Inglez de Sousa, Anthropologist, Brazil
Paul Kanyinke Sena, Chairperson, UN Permanent Forum on Indigenous Issues
Rodion Sulyandziga, Director, Center for Support of Indigenous Peoples of the North (CSIPN)
Valmaine Toki, Senior Lecturer, Te Piringa, Faculty of Law, University of Waikato; Member, UN Permanent
Forum on Indigenous Issues
Sebastin Vergara, CSR Director, Endesa Chile
Investor signatories to the Principles for Responsible Investment (PRI):
Jamie Bonham, Extractives Research & Engagement Manager, NEI Investments
Steven Heim, Managing Director, Boston Common Asset Management
Tulia Machado-Helland, Senior Legal Adviser ESG, Storebrand Investments
Franois Meloche, Extranancial Risks Manager, Btirente
UN Global Compact team: Ursula Wynhoven and Michelle Lau (Project Manager)
Designer: Hedie Assadi Joulaee
Disclaimer
This publication is intended strictly for learning purposes. The inclusion of any company, individual or other
names and/or examples does not constitute an endorsement of such persons by the UN Global Compact
Ofce and/or other institutions mentioned in the publication. The material in this publication may be quoted
and used provided there is proper attribution.
Copyright
Copyright 2013
United Nations Global Compact Ofce
Two United Nations Plaza, New York, NY 10017, USA
1
How to Use this Guide 2
Glossary 3
Introduction 4
Part I: Key business actions 10
Policy commitment 12
Human Rights Due Diligence 15
Consultation 21
Free, prior and informed consent 25
Remediation 30
Grievance mechanism 32
Part II: UN Declaration Rights 34
Foundational principles 35
Life, liberty, security and cultural integrity 40
Culture, language, spirituality 46
Education, information and employment 50
Participatory development, economic and social rights 57
Land and natural resources 65
Identity, institutions and relations 76
Implementing the UN Declaration 80
Appendix: UN Declaration on the Rights of 86
Indigenous Peoples
Contents
2
How to Use this Guide
Purpose
The objective of this guide (the Guide) is
to help business understand, respect, and
support the rights of indigenous peoples by
illustrating how these rights are relevant to
business activities.
The advice offered in this Guide is not
prescriptive and a one-size-fts-all approach
is impracticable. The diversity of issues and
contexts, as well as a business size, sec-
tor, ownership and structure, means that
the scale and complexity of the measures
necessary to ensure respect for indigenous
peoples rights and opportunities to support
such rights will vary depending on a number
of factors. These factors are likely to include
the following: the particular indigenous
peoples and their cultures, histories and
preferences regarding development; the busi-
ness and its objectives; the proposed activi-
ties and the regulatory environment; and the
severity of the business potential adverse
impact, if any.
This Guide encourages business to engage
in meaningful consultation and partner-
ship with indigenous peoples on a local level
and to adapt the principles discussed and
practices suggested here to their distinct situ-
ations and contexts.
It is important to note that as this Guide
specifcally focuses on the interaction be-
tween business and indigenous peoples, it
does not represent a self-contained or exclu-
sive code that encapsulates all of the respon-
sibilities a business has towards indigenous
peoples. The actions suggested here could be
considered alongside a broader set of actions
business take to respect and support the hu-
man rights of all people.
Structure and methodology
The Guides introductory sections set the
scene for business engagement with indig-
enous peoples. Part I outlines key actions
business can take in relation to indigenous
peoples rights, including policy commit-
ment, due diligence, consultation and
consent-seeking, grievance mechanisms,
mitigation and remediation. The steps an
individual business can take will depend
upon the potential risk their impact may
have on indigenous peoples rights. The more
extensive and severe the impact, the more
a business needs to know and show that it
respects indigenous peoples rights. Part II
provides a description of each right in the
UN Declaration on the Rights of Indigenous
Peoples (the UN Declaration), suggests prac-
tical actions that business can take to respect
and support each right, and examples to help
illustrate those suggested actions. A number
of the examples have been simplifed from
real examples; others are hypothetical.
Key international instruments and prin-
ciples referred in this Guide include, but are
not limited to, the following:
The UN Declaration on the Rights of Indig-
enous Peoples (reproduced in Appendix A);
The UN Global Compacts Principles (back
cover); and
The UN Guiding Principles on Business and
Human Rights.
The International Labour Organization
(ILO) adopted international labour con-
ventions that directly address indigenous
peoples rights. The most relevant instru-
ment is the Indigenous and Tribal Peoples
Convention, 1989 (No. 169) (ILO Conven-
tion 169). ILO Convention 169 represents a
consensus reached by governments, employ-
ers and worker organizations on the rights
of indigenous and tribal peoples within the
nation-States where they live and the respon-
sibilities of governments to protect these
rights.
1
ILO conventions become binding
upon ratifcation.
3
Glossary and
Abbreviations
A Practical Supplement to this Guide,
which includes actual case studies of busi-
ness taking action to respect and support the
rights of indigenous peoples, along with a
compilation of additional resources, can be
found on the UN Global Compacts website
at http://unglobalcompact.org/Issues/hu-
man_rights/indigenous_peoples_rights.html.
Businesses, indigenous peoples and others
can also participate in an online forum here:
http://human-rights.unglobalcompact.org/
dilemmas/indigenous-peoples/.
1. In 2013, the ILO published a handbook to help readers better
understand the relevance, scope and implications of ILO Conven-
tion 169 and to foster joint efforts for its implementation. This
handbook is available on the ILO website in English, French and
Spanish at: http://www.ilo.org/global/standards/subjects-covered-
by-international-labour-standards/indigenous-and-tribal-peoples/
WCMS_205225/lang--en/index.htm
Article: An article in the UN Declaration, unless
otherwise stated
CBD: Convention on Biological Diversity
FPIC: Free, Prior and Informed Consent
Guiding Principles (GP): UN Guiding Principles
on Business and Human Rights
IFC: International Finance Corporation
ILO: International Labour Organization
ILO Convention 169: Indigenous and Tribal
Peoples Convention, 1989 (No. 169)
Indigenous peoples has no single defnition; see
the discussion on page 8
ICESCR: International Covenant on Economic,
Social and Cultural Rights
ICCPR: International Covenant on Civil and
Political Rights
IPVI: Indigenous Peoples in Voluntary Isolation
OHCHR: UN Offce of the High Commissioner for
Human Rights
State: Country or, in practical terms, national
government
UDHR: Universal Declaration of Human Rights
UN: United Nations
UN Declaration: UN Declaration on the Rights of
Indigenous Peoples
UNPFII: United Nations Permanent Forum on
Indigenous Issues
UN Working Group: Working Group on human
rights and transnational corporations and other
business enterprises
Note: Symbols of United Nations documents are
composed of capital letters combined with fgures.
Mention of such a fgure indicates a reference to a
United Nations document.
4
Introduction
The United Nations estimates that there are
roughly over 370 million indigenous peoples
living around the world, from the Arctic to
the South Pacifc, in over 90 countries.
2
Indig-
enous peoples are responsible for a great deal
of the worlds linguistic and cultural diversity,
and their traditional knowledge is an invalu-
able resource; it is estimated that indigenous
peoples occupy approximately 20 per cent of
the worlds land surface, yet steward 80 per
cent of the planets biodiversity.
3
Combined
with their unique cultural and spiritual ties
to ancestral lands and territories, indigenous
peoples are often ftting custodians of natural
resources and ecological knowledge. This
often symbiotic relationship with land can on
one hand make indigenous peoples sought af-
ter as potential partners for business ventures
in various industries, and on the other hand
make them vulnerable to potential negative
impacts of commercial development.
Historically, many indigenous peoples
have suffered from abuse, discrimination,
and marginalization, and in many areas this
continues today. As a result, many indige-
nous peoples live in poverty and poor health
and their cultures, languages and ways of
life are threatened. Indigenous peoples com-
prise 5 per cent of the worlds population, yet
they make up 15 per cent of the worlds poor
and one-third of the worlds extremely poor.
4

In many areas, their average life expectancy
is shorter than non-indigenous people.
5
Fac-
ing these realities, indigenous peoples are
often particularly vulnerable to the negative
impacts of commercial development and
business activities.
There may be a sense of distrust by indige-
nous peoples towards the business community
and State actors as a result of historical mis-
treatment such as dispossession and degrada-
tion of land and various human rights abuses.
Harm has occurred when indigenous peoples
unwittingly become parties to an agreement
without informed understanding of its full
implications. Further, indigenous peoples and
their cultures often lack full legal protection
at the State level. Unfortunately, some busi-
nesses have either directly or indirectly caused
or contributed to adverse impacts on indig-
enous peoples rights, and in some cases such
impact has been irremediable.
Business faces both challenges and op-
portunities when engaging with indigenous
peoples. When businesses collaborate with
indigenous peoples, they are often able to
achieve sustainable economic growth, for ex-
ample, by optimizing ecosystem services and
harnessing local or traditional knowledge.
Positive engagement with indigenous peoples
can also contribute to the success of resource
development initiatives from granting
and maintaining social licenses to actively
participating in business ventures as owners,
contractors and employees. Failing to respect
the rights of indigenous peoples can put
businesses at signifcant legal, fnancial and
reputational risk. For example, for a world-
class mining operation, a cost of between $20
million and $30 million per week accrues
due to operational disruptions by communi-
ties.
6
A recent study of 190 major oil and gas
companies found that 73 per cent of delays
were due to non-technical factors, includ-
ing from stakeholder resistance.
7
Continual
dialogue between business and indigenous
peoples can potentially strengthen indig-
enous peoples confdence in partnering with
business and build healthy relationships.
This Guide seeks to elaborate on ways
business can engage respectfully and
positively with indigenous peoples within
the context of the UN Declaration, while
recognizing that indigenous peoples have
a unique and important place in the global
community.
2. United Nations Department of Economic and Social Affairs, Di-
vision for Social Policy and Development, Secretariat of the Perma-
nent Forum on Indigenous Issues, State of the Worlds Indigenous
Peoples, New York, 2009 (ST/ESA/328). Available at: http://www.
un.org/esa/socdev/unpfi/documents/SOWIP_web.pdf.
3. Sobrevila, Claudia, The Role of Indigenous Peoples in Biodiver-
sity Conservation 2008.
4. International Fund for Agricultural Development, Engagement
with Indigenous Peoples Policy, 2009. http://www.ifad.org/english/
indigenous/documents/ip_policy_e.pdf
5. See ST/ESA/328.
6. The Costs of Confict with Local Communities in the Extractive
Industry. Rachel Davis and Daniel Franks, 2011.
7. Cattaneo, Ben. The New Politics of Natural Resources, ERM,
June 2009.
5
8. See A/RES/61/295. At publication, 147 countries have endorsed
the UN Declaration. The four countries that initially voted against
the UN Declaration have since reversed their positions.
9. OHCHR, Fact Sheet No. 9/Rev.2, Indigenous Peoples and the
United Nations Human Rights System.
10. First Nations Child and Family Caring Society et al. v. Canada
(Attorney General), Memorandum of Fact and Law of the Respon-
dent, the Attorney General of Canada, Respondents Record. Vol.
5, Federal Court of Canada, Dockets T-578-11, T-630-11, T-638-11, 17
November 2011, para 71.
11. Case of Takamore v. Clark, Judgement, Supreme Court of New
Zealand (2012) at paras [12] and [35]. Consolidated cases of Aurelio
Cal v. Belize, Judgment, Supreme Court of Belize (2007)
12. See E/3616/Rev.1., para.105.
UN Declaration on the Rights
of Indigenous Peoples
Indigenous peoples are entitled to all human
rights established under international law.
In recognition of indigenous peoples status
as culturally distinct and self-determining
peoples, and the unique challenges they have
historically faced, the global community de-
veloped the UN Declaration: an international
instrument to recognize indigenous peoples
individual and collective rights.
The UN Declaration was negotiated
between States and indigenous peoples for
over twenty years before being adopted by
the UN General Assembly in 2007
8
. By 2010,
the vast majority of UN Member States sup-
ported the Declaration, and none opposed
it. The UN Declaration marked a signif-
cant achievement by indigenous peoples in
obtaining international recognition of their
key rights, including, but not limited to, self-
determination and land and natural resource
rights, and, according to Article 43 of the UN
Declaration, set forth the minimum stan-
dards for the survival, dignity and well-being
of the indigenous peoples of the world. The
Declaration does not create new or special
rights for indigenous peoples; rather, it elabo-
rates on existing human rights standards
and articulates them as they apply to the
particular situation of indigenous peoples.
The Declaration illustrates the interdepen-
dent and indivisible nature of international
human rights norms and standards.
Indigenous peoples rights are, by defni-
tion, collective rights. While also including
rights of individuals, the extent to which
collective rights are recognized in the
Declaration indicates that the international
community affrms that indigenous peoples
require recognition of their collective rights
as peoples to enable them to enjoy human
rights.
9
The Declaration also provides States
with a framework to reduce inequality
and provide remediation when indigenous
peoples rights have been violated.
The Legal Effect of the UN
Declaration
There is disagreement in the international
legal community as to the legal effect of the
UN Declaration. This Guide seeks to describe
the effect rather than enter this debate. One
view is that the UN Declaration is an aspira-
tional document with no legal binding effect
unless it has been incorporated into national
law by a State. Even under this view, a non-
binding instrument may nevertheless provide
legal context in interpreting domestic legisla-
tion.
10
For example, domestic courts in several
countries have begun referring to the UN
Declaration, including the Supreme Courts
of Belize and New Zealand.
11
The UN Offce of
Legal Affairs has described the UN Declara-
tions as follows: In United Nations practice, a
declaration is a solemn instrument resorted
to only in very rare cases relating to matters
of major and lasting importance where maxi-
mum compliance is expected.
12
Moreover,
some provisions of the UN Declaration are
contained in binding international human
rights instruments. For example, Article 3 of
the UN Declaration, concerning the right to
self-determination, parallels Common Article
1 of the International Covenant on Economic,
Social and Cultural Rights (ICESCR) and the
International Covenant on Civil and Political
Rights (ICCPR).
On the other hand, some experts have
argued that at least some of the provisions
in the UN Declaration have become part of
6
customary international law,
13
or in other
words, general practice accepted as law.
James Anaya, the UN Special Rapporteur on
the Rights of Indigenous Peoples, notes, [i]
t is one thing to argue that not all of the [UN
Declarations] provisions refect customary
international law, which may be a reason-
able position. It is quite another thing to
sustain that none of them does, a manifestly
untenable position.
14
Provisions of the UN
Declaration have been recognized in a vari-
ety of contexts. Articles 26 and 28 of the UN
Declaration, concerning land rights of indig-
enous peoples, have received support in the
decisions of regional human rights bodies
such as the Inter-American Court of Human
Rights (e.g., the cases of the Saramaka People
v. Suriname and the Kichwa Indigenous Peo-
ple of Sarayaku v. Ecuador) and the African
Commission on Human and Peoples Rights
(e.g., the case of Endorois Welfare Council v.
Kenya). Some countries have also enacted na-
tional laws based upon the UN Declaration,
for example, the Philippines Indigenous Peo-
ples Rights Act, and Bolivias National Law
3760, which incorporates the UN Declaration
without modifcation. Other Latin American
countries have enacted related constitutional
amendments and Greenland has described
its enhanced self-government arrangement
with Denmark as de facto implementation of
the UN Declaration.
What is the business
responsibility in relation to
indigenous peoples rights?
The UN Guiding Principles on Business and
Human Rights (Guiding Principles), unani-
mously endorsed by the UN Human Rights
Council in 2011, provides that business has
the responsibility to respect human rights.
15

This refers to all internationally recognized
human rights, as the Guiding Principles
state, which is understood, at a minimum,
as those expressed in the International Bill
of Human Rights and the principles concern-
ing fundamental rights set out in the ILOs
Declaration on Fundamental Principles and
Rights at Work.
16
Additionally, businesses
may need to consider additional standards
In this connection, UN instruments have
elaborated further on the rights of indig-
enous peoples.
State Duty to Protect
States have the primary duty to respect, pro-
tect and fulfl human rights, through policy,
legislation and regulation, and adjudication.
The Guiding Principles specifcally outline
the State duty to protect human rights from
abuse, including by business, based on the
existing international obligations of States.
The duty to protect implies that States must
take measures to prevent or end infringe-
ment upon the enjoyment of a given human
right caused by third parties.
17
Businesses
are not expected to serve as stand-ins for the
State, but indigenous peoples may see busi-
nesses this way in States with a weak rule
of law and inadequate provision of services
to indigenous peoples. Therefore business
should interact with governments in a way
that affrms the States duty to protect indig-
enous peoples rights.
Corporate Responsibility to Respect
The Guiding Principles further recognize
that business has the responsibility to
respect human rights throughout their op-
erations and business relationships. Business
should avoid infringing on the human rights
of others, including indigenous peoples,
and should address adverse human rights
impacts with which they are involved.
18
In
particular, business should:
19

13. See E/C.19/2012/3, para 8. Anaya, J (2005). Indigenous peoples'
participatory rights in relation to decisions about natural resource
extraction: The more fundamental issue of what rights indigenous
peoples have in lands and resources. Arizona Journal of Interna-
tional and Comparative Law, 22(1), p.7.
14. Human Rights Council, Report of the Special Rapporteur on the
situation of human rights and fundamental freedoms of indigenous
peoples, James Anaya: Addendum: Cases examined by the Special
Rapporteur (June 2009 July 2010), UN Doc. A/HRC/15/37/Add.1 (15
September 2010), para. 112.
15. For a discussion of the relationship between the Guiding
Principles and the principles of the UN Global Compact, see the
explanatory note available here: http://www.unglobalcompact.org/
docs/issues_doc/human_rights/Resources/GPs_GC%20note.pdf
16. U.N. Guiding Principles on Business and Human Rights, II (A)(12).
17. General Assembly Report A/68/279. Human rights and trans-
national corporations and other business enterprises. August 6,
2013. At p. 7. While States are not per se responsible for abuse of
indigenous rights by private actors, States risk breaching their duty
to protect where they fail to take appropriate steps to investigate,
punish or redress private actors abuse.
18. Principle 11 of the Guiding Principles. For a discussion of this,
see The Corporate Responsibility to Respect Human Rights: An
Interpretive Guide, UN Offce of the High Commissioner for Human
Rights (http://www.business-humanrights.org/media/documents/
corporate-responsibility-to-respect-interpretive-guide-nov-2011.pdf)
19. Principle 13 of the Guiding Principles, http://www.ohchr.org/
Documents/Publications/GuidingPrinciplesBusinessHR_EN.pdf
7
a. avoid causing or contributing to adverse
human rights impacts through their own
activities, and address such impacts when
they occur; and
b. seek to prevent or mitigate adverse hu-
man rights impacts that are directly
linked to their operations, products or
services by their business relationships,
even if they have not contributed to those
impacts.
For these purposes, a business activities
include acts and omissions, and its business
relationships include those with business
partners, entities in the business value
chain and any other State or non-State entity
that is directly linked to the business opera-
tions, products or services.
There is growing pressure on business,
and a drive from within business, to ensure
that they play a part in supporting and pro-
moting human rights, including the rights
of indigenous peoples, in order to maintain
their social and legal license to operate and
be more sustainable. Businesses are also re-
porting that positive engagement with indig-
enous peoples can bring a range of benefts
stronger relationships with communities
and other stakeholders resulting in fewer
conficts and disputes, stronger government
relationships, reputational benefts, employ-
ee engagement, boost in employee morale,
recognition by investors, and the ability to
partner with and learn from indigenous
peoples unique knowledge (with consent
and respect for such indigenous peoples
intellectual property).
It is important to note that a business
responsibility to respect human rights is a
global standard of expected conduct wher-
ever it operates. Such obligation exists
independently of States abilities and/or
willingness to fulfl their own human rights
obligations... [a]nd it exists over and above
compliance with national laws and regula-
tions protecting human rights.
20
As a result,
each business has responsibilities, under
national law and in accordance with the
international human rights legal framework,
which it must observe in relation to any per-
son, whether they are indigenous or not.
20. Guiding Principle 11.
Respect and Support indigenous peoples rights
THE CORPORATE RESPONSIBILITY TO RESPECT
The Guiding Principles provides that all businesses have a
responsibility to avoid causing or contributing to adverse
human rights impacts through their own activities and
addressing any such impacts when they occur. Business
also has a responsibility to seek to prevent or mitigate
adverse human rights impacts that are directly linked to
their operations, products or services by their business
relationships and suppliers, even if they have not contrib-
uted to those impacts. This responsibility applies to all
internationally recognized human rights, including the
human rights of indigenous peoples. Part I of this Guide
focuses on how to meet a business corporate responsibil-
ity to respect indigenous peoples rights.
THE CORPORATE COMMITMENT TO SUPPORT
in addition to the corporate responsibility to respect, the
UN Global Compact Principles encourage businesses to
take additional voluntary actions that seek to promote
and advance human rights. This includes indigenous
peoples rights, whether through core business activities,
strategic social investments, philanthropy, advocacy and
public policy engagement, and/or partnership and collec-
tive action. Voluntary actions to support and champion
indigenous peoples rights must be in addition to and not
a substitute for actions taken to respect their rights
(which is the minimum standard for all business
enterprises). Such actions should be guided by the
core principles of indigenous peoples rights, includ-
ing self-determination and FPIC, as well as full and
effective participation in decision-making.
8
Who are indigenous peoples?
The prevailing view in the international
community is that no single defnition of
indigenous peoples is necessary and that a
combination of subjective and objective cri-
teria may be used in identifying indigenous
peoples.
One criterion that underpins most
defnitions is self-identifcation. If a group
of people defnes themselves as indigenous,
then, unless manifestly illegitimate, such
designation should be respected. According
to the ILO Convention 169, [s]elf-identifca-
tion as indigenous or tribal shall be regarded
as a fundamental criterion for determining
the groups to which the provisions of this
Convention apply.
In addition to self-identifcation, it is
useful to consider existing criteria set out
in international norms and instruments,
such as ILO Convention 169, which identifes
indigenous and tribal peoples as follows:
21
a. tribal peoples in independent countries
whose social, cultural and economic
conditions distinguish them from other
sections of the national community, and
whose status is regulated wholly or par-
tially by their own customs or traditions
or by special laws or regulations;
b. peoples in independent countries who
are regarded as indigenous on account of
their descent from the populations which
inhabited the country, or a geographical
region to which the country belongs, at
the time of conquest or colonization or the
establishment of present state boundaries
and who, irrespective of their legal status,
retain some or all of their own social, eco-
nomic, cultural and political institutions.
In its report State of the Worlds Indigenous
Peoples (2009), the UN Department of Eco-
nomic and Social Affairs cites the following
working defnition from Martnez Cobo:
Indigenous communities, peoples and nations
are those which, having a historical continuity
with pre-invasion and pre-colonial societies that
developed on their territories, consider themselves
distinct from other sectors of the societies now
prevailing on those territories, or parts of them.
They form at present non-dominant sectors of so-
ciety and are determined to preserve, develop and
transmit to future generations their ancestral ter-
ritories, and their ethnic identity, as the basis of
their continued existence as peoples, in accordance
with their own cultural patterns, social institu-
tions and legal system. Their historical continuity
may consist of the continuation, for an extended
period reaching into the present of one or more of
the following factors:
Occupation of ancestral lands, or at least of part
of them;
Common ancestry with the original occupants of
these lands;
Culture in general, or in specifc manifestations
(such as religion, living under a tribal system,
membership of an indigenous community, dress,
means of livelihood, lifestyle, etc.);
Language (whether used as the only language, as
mother-tongue, as the habitual means of commu-
nication at home or in the family, or as the main,
preferred, habitual, general or normal language);
Residence in certain parts of the country, or in
certain regions of the world; and
Other relevant factors.
On an individual basis, an indigenous person is
one who belongs to these indigenous populations
through self-identifcation as indigenous (group
consciousness) and is recognized and accepted by
these populations as one of its members (accep-
tance by the group).
This preserves for these communities the sov-
ereign right and power to decide who belongs to
them, without external interference.
The defnitions provided by international
organizations such as the IFC and the ILO
may serve as useful references for companies
in identifying Indigenous groups affected by
their operations, but additional due diligence
is often necessary. For example, the situation
of Indigenous Peoples in Voluntary Isolation
(IPVIs) is particularly diffcult for com-
21. ILO. Indigenous and Tribal Peoples Convention, 1989 (No. 169),
Article 1.
22. See E/CN.4/Sub.2/1986/7 and Add. 1-4, paras. 379-382.
23. For emerging guidance to address IPVIs, please see: Guidelines
for the Protection of Indigenous Peoples in Voluntary Isolation
and Initial Contact in the Amazon Region, the Gran Chaco and
the Eastern Region of Paraguay, Offce of the United Nations High
Commissioner (OHCHR) and the Spanish Agency for International
Cooperation and Development, May 2012 http://acnudh.org/2012/05/
directrices-de-proteccion-para-los-pueblos-indigenas-en-aislamien-
to-y-en-contacto-inicial-de-la-region-amazonica-el-gran-chaco-y-la-
region-oriental-de-paraguay/ ; See also: IWGIA, Indigenous Peoples
in Voluntary Isolation and Initial Contact, June 2013 http://www.
iwgia.org/publications/search-pubs?publication_id=617
24. For more information on situation of indigenous peoples in
Africa, see Report of the African Commission's Working Group of
Experts on Indigenous Populations/ Communities (2005), p 92-3.
25. UN Department of Economic and Social Affairs. Resource Kit
on Indigenous Peoples Issues, http://www.undg.org/docs/10162/
resource_kit_indigenous_2008.pdf, p. 9
9
panies and governments to address. These
indigenous peoples are both very diffcult to
identify because of their extreme isolation,
and are often the most vulnerable, politically
and physically (e.g., to disease), due to their
limited contact with the outside world. Their
lack of political power also often makes
them easy victims of outside parties pursu-
ing economic interests.
23

Indigenous identity is context-based and
varies from country to country. In some
countries indigenous peoples are com-
monly identifed by their occupation and
use of lands and territories prior to colonial
invasion. However, in other countries, for
example in the African context, different
characteristics may be more relevant, such
as special attachment to and use of ancestral
lands, or marginalization based on ways
of life or modes of production which differ
from that of the national dominant model.
24

The UN Department of Economic and Social
Affairs Resource Kit on Indigenous Peoples
Issues
25
also suggests a number of practical
questions to ask in seeking to identify indig-
enous peoples, including:
Do the peoples self-identify as indigenous?
Are there local terms that identify indig-
enous peoples?
Are they recognized as indigenous in legis-
lation?
What is the groups general situation com-
pared with that of the dominant society?
While none of the questions above are
decisive, they may be useful to consider in a
companys due diligence process, especially,
for example, in cases where governments do
not recognize indigenous peoples status. It is
also advisable to (i) engage with the relevant
peoples (with their consent) and (ii) consult
existing treaties and other arrangements
relating to such peoples (unless such treaties
and/or arrangements are prejudicial to the
rights of such peoples) when attempting to
identify whether such group is indigenous
(See Article 37 of the UN Declaration dis-
cussed in Part II of this Guide for a further
discussion on treaties).
When reading this Guide, the reader
should keep in mind that the use of the term
indigenous peoples includes all indigenous
men, women and potentially vulnerable per-
sons, such as children, the elderly, and per-
sons with disabilities. Article 44 of the UN
Declaration specifcally notes that all rights
reference in the UN Declaration apply to men
and women equally. In addition, the term
indigenous peoples is intended to capture
those peoples who, while indigenous, may
not use such term in describing themselves.
For example, in certain circumstances, in-
digenous peoples may be referred to or may
prefer to be referred to by other descriptors,
such as tribal or frst peoples; some groups
that fall within the general concept of indig-
enous peoples may prefer not to be separately
identifed in this way at all.
Opening ceremony of the Twelfth session of the UN Permanent Forum on Indigenous Issues.
10
KEY BUSINESS
ACTIONS
Part I:
11
Part I of this Guide specifes key actions to help business better understand and demonstrate
a respect for indigenous peoples rights. The actions are foundational to respecting the rights
set out in the UN Declaration (described in Part II) and should be proportional to a businesss
risk of adversely impacting indigenous peoples rights. These actions may also help to identify
opportunities to support indigenous peoples rights.
As an initial step, business should recog-
nize the principles underpinning indigenous
peoples rights. Two fundamental elements
of indigenous peoples rights, on which the
ability to exercise and enjoy a number of
other rights rest, are the right to self-deter-
mination (discussed on page 37) and free,
prior and informed consent (discussed on
page 25), which, among other things, require
that business fully and meaningfully engage
indigenous peoples with the objective to ob-
tain their consent for business activities that
will affect them or their rights.
All businesses, regardless of size, sector,
operational context, ownership or structure,
have a responsibility to respect indigenous
peoples rights. However, these factors do
infuence what is required of a particular
business in adopting the six fundamental
actions listed above. The most important con-
sideration for a business should be the sever-
ity of its actual and potential adverse impacts
on the rights of indigenous peoples
26
, taking
into account the perspective of those who
may be impacted, and the likelihood of such
impacts occurring. Severity may be under-
stood in relation to the impacts scale (nature
of the rights affected) and scope (proportion
of persons affected in a group), and whether
the impact is irremediable
27
. In short, the
management steps a business should take
to respect indigenous peoples rights will be
proportionate to the level of risk for adverse
impacts on those rights.
All businesses should take the following fundamental actions, some of which may be
required in conjunction with local and State governments to meet their responsibility to
respect indigenous peoples rights:
1. Adopt and implement a formal policy (whether on a stand-alone basis or within a
broader human rights policy) addressing indigenous peoples rights and commit-
ting the business to respect indigenous peoples rights.
2. Conduct human rights due diligence to assess actual or potential adverse impacts
on indigenous peoples rights, integrate fndings and take action, track and com-
municate externally on performance.
3. Consult in good faith with indigenous peoples in relation to all matters that may
affect them or their rights.
4. Commit to obtain (and maintain) the free, prior and informed consent of indig-
enous peoples for projects that affect their rights, in line with the spirit of the UN
Declaration.
5. Establish or cooperate through legitimate processes to remediate any adverse
impacts on indigenous peoples rights.
6. Establish or cooperate with an effective and culturally appropriate grievance
mechanism.
These fundamental actions are important to ensure respect for the individual and collec-
tive rights of indigenous peoples. Each fundamental action, and suggested approaches for
implementing it, is discussed in detail in the remainder of Part I.
Note: While some of these actions naturally build on others, this list should not be seen as a fow chart
or steps to be taken in the order provided above. For example, before developing a policy on indigenous
peoples rights, it is recommended that business engage with relevant indigenous peoples in order to
involve them in the policy development process. Many of these actions will be iterative and ongoing.
12
An indigenous peoples rights policy (which
may be part of a broader human rights policy)
is a public statement adopted by a business.
This statement is endorsed and supported by
the business highest governing levels and
commits the business to certain actions in
relation to indigenous peoples rights.
28
Business that may have adverse impacts
on indigenous peoples rights, including
those with operations and/or business rela-
tionships in areas with indigenous peoples,
should develop an indigenous peoples
rights policy, or include a specifc section on
indigenous peoples rights in their existing
human rights policy or overall code of con-
duct.
29
The policy may also have a voluntary
commitment to actively support and advance
indigenous peoples rights. The policy should
meet the requirements of Guiding Principle
16 and reference the UN Declaration and oth-
er relevant State-level and international law,
legislation and regulation relating to human
rights or, specifcally, indigenous peoples
rights, including regional human rights
laws, where applicable. In circumstances
where specifc provisions are required on
the companys relationships with indigenous
peoples, indigenous representatives and hu-
man rights experts should be involved in the
development of the policy.
Establishing an indigenous peoples rights
policy will help business (i) understand and
identify where their operations and busi-
ness relationships pose a risk of adverse
impacts on indigenous peoples rights, and
(ii) develop processes for mitigating risks and
addressing any infringements of rights that
do occur. Once a business has an indigenous
peoples rights policy, it is encouraged to
require business partners (for example,
sub-contractors and joint venture partners
to adhere to the policy, and support them in
developing their own such policy.
Action: Adopt and implement a formal policy (whether on a stand-alone basis or within a
broader human rights policy) addressing indigenous peoples rights and committing the busi-
ness to respect indigenous peoples rights.
Business benefts from developing an
indigenous peoples rights policy in the fol-
lowing ways:
It publicly confrms the business com-
mitment to meeting its responsibility to
respect the rights of indigenous peoples,
and demonstrates good business practice;
It provides a consistent and concrete global
policy for all company managers and
workers, irrespective of individual country
managers that may change regularly;
It assists the business in identifying policy
gaps and areas of risk;
It can provide a differentiator for business,
resulting in competitive advantage;
It builds trust with external stakeholders,
and can assist the business in understand-
ing and meeting stakeholder expectations,
Policy Commitment
26. Guiding Principle 14. For a discussion of this, see The Corporate
Responsibility to Respect Human Rights: An Interpretive Guide, UN
Offce of the High Commissioner for Human Rights (http://www.
business-humanrights.org/media/documents/corporate-responsibili-
ty-to-respect-interpretive-guide-nov-2011.pdf)
27. See European Commission Oil and Gas Sector Guide on Imple-
menting the UN Guiding Principles on Business and Human Rights
http://shiftproject.org/sites/default/fles/ECHRSG.OG_.pdf
28. See Oxfam Americas Community Consent Index: Oil, Gas, and
Mining Company Public Positions on Free, Prior and Informed
Consent for examples of company policy commitments on FPIC and
community consent.
29. See Guiding Principle 15, which states that in order to meet their
responsibility to protect human rights businesses should have in
place policies and processes appropriate to their circumstances.
Given the level of NGO and media
attention to the issue of indigenous
peoples rights and the introduction of
laws and regulation in many countries,
companies with strong commitments
and effective engagement processes will
undoubtedly beneft in an environment
where access to land and resources is
becoming increasingly restricted.
EIRIS
30
Part I: Key Business Actions | Policy Commitment
13
which in turn support social licence to
operate and helps prevent potential project
delays, stoppage or cancelations;
It can provide reputational benefts, espe-
cially given the increasing level of stake-
holder attention to the issue of community
consent and indigenous peoples rights,
particularly among investors;
It provides guidance for managers and
workers in relation to matters that may
impact the rights of indigenous peoples;
It provides operational guidance and risk
management in environments where the
rights of indigenous peoples may not be
well understood;
It contributes to sustainable development;
It provides good will and long-term eco-
nomic benefts, especially for businesses
seeking to develop lands and resources; and
It helps companies to meet their commit-
ments under the UN Global Compact (for
participant businesses).
30
How to develop an indigenous
peoples rights policy
31
Getting started
Assign senior management responsibility
to drive, implement and review existing or
any new policies;
Map and study existing policies to identify
existing coverage of indigenous peoples
rights and gaps (this may include, for exam-
ple, policies relating to human rights, equal
opportunity/diversity, occupational health
and safety, environment, ethical conduct,
procurement, community investment, etc.);
Involve all relevant parts of the business, in-
cluding the core business as well as human
resources, corporate affairs, legal, procure-
ment and security, in the process of develop-
ing, implementing and reviewing the policy;
Involve internal and external stakeholders
in the process, including trade unions or,
in their absence, workers representatives.
It is crucial that indigenous peoples with
whom the business interacts and works
are engaged in the process of developing,
implementing and reviewing the policy
early in the development process. Business-
es should conduct pre-engagement analy-
sis to understand the specifc needs and
interests of indigenous peoples and develop
an outreach and communication strategy
for engaging with them (as discussed in the
section Consultation); and
Where a business is already involved in
operations or projects affecting indigenous
peoples, the business should assess its cur-
rent impacts upon such persons and under-
take due diligence (as described below under
the section Human Rights Due Diligence)
as part of the process of creating its policy.
Key inclusions
At a minimum, the policy should:
Be approved at the most senior level of the
business enterprise (including the board of
directors);
Be informed by relevant internal and/or
external expertise (including indigenous
expertise);
Set out the business requirements and ex-
pectations in regards to indigenous peoples
rights to all personnel, business partners
and other parties directly linked to the
business operations, products or services
by a business relationship;
Include an explicit commitment to respect
indigenous peoples rights, including their
individual and collective rights, as set out
in the UN Declaration. The UN Expert
Mechanism on the Rights of Indigenous
Peoples states:
Any policy commitment made in relation to
human rights and Indigenous peoples should
include how the business enterprise will seek
to obtain the free, prior and informed consent
of Indigenous peoples, and respect, protect and
fulfl all the rights and obligations contained
in the UN Declaration on the Rights of Indig-
enous Peoples.
32
Recognize that land rights and tenure can be
the root of disputes between companies and
indigenous peoples and identify ways such
disputes will be prevented and resolved
33
;
Require that information is conveyed to in-
digenous peoples in a manner than can be
understood, and is conveyed to both men
and women
34
;
30. EIRIS, Investors urged to focus attention on rights of indig-
enous peoples (2009).
31. This section draws from (i) Guiding Principle 16 and (ii) the UN
Global Compact and Offce of the High Commissioner for Human
Rights, 2011, Guide on How to Develop a Human Rights Policy:
http://www.unglobalcompact.org/docs/issues_doc/human_rights/
Resources/How_to_Develop_a_Human_Rights_Policy.pdf
32. See A/HRC/EMRIP/2012/CRP.1
33. See A/68/279, para. 28.
34. See A/68/279, para. 29.
14
Include provisions on fundamental labour
rights as they relate to indigenous peoples
(e.g., freedom from forced labour and child
labour, equality, non-discrimination, free-
dom of association, collective bargaining
rights, diversity and inclusion); and
Include provisions on non-labour rights,
which will depend on the nature and
context of the business operations and its
business relationships.
Business should also consider including the
following in the policy:
A commitment to working with business
partners to encourage the adoption of
indigenous peoples rights policies;
The process undertaken to develop the
policy (including how indigenous peoples
were consulted);
References to voluntary standards and
codes of conduct; and
A commitment to work collaboratively
with States to ensure indigenous peoples
rights are fulflled, particularly where State
laws and regulations differ from indig-
enous peoples rights under international
standards.
Embed policy throughout business
operations
Once developed, it is crucial to implement
the indigenous peoples rights policy. To
ensure the policy is effectively embedded
throughout operations, businesses should
consider the following:
Make sure the policy is communicated in-
ternally to all personnel, business partners
and other relevant parties;
Build a work environment that is cultur-
ally aware, gender sensitive and inclusive
35
.
Incorporate the policy into company and
contractor training, and consider whether
specifc training may be required for par-
ticular areas of the business;
Make sure personnel, including those at
the executive level, and contractors are ac-
countable under the policy;
Set up data collection mechanism on the
policys compliance to enable regular track-
ing of performance; and
Engage in on-going consultation with indig-
enous peoples to build and strengthen rela-
tionships and improve implementation of
the business human rights and indigenous
rights policies (see Consultation).
Communicate the policy to poten-
tially affected indigenous groups and
make the policy publicly available
Ensure the policy is publically available
and widely communicated to actual or
potentially affected indigenous persons,
such as through outreach meetings and
consultations;
Translate the policy into indigenous and/or
local languages;
Take into account differences in language
of groups and literacy levels, as well as cul-
tural preferences for the way information
is transmitted and received
36
; and
Make the policy publicly available (e.g.,
through posting it on the companys web-
site) so that not only affected indigenous
peoples, but a wider spectrum of interested
persons can examine it.
Provide the opportunity for revision
of the policy
Ensure that the policy can be revised from
time to time, as necessary; the policy
should not be static as the issues it address-
es often are subject to change.
35. See A/68/279, para 23.
36. Ibid.
Part I: Key Business Actions | Policy Commitment
15
Action: Conduct human rights due diligence to assess actual or potential adverse impacts
on indigenous peoples rights, integrate ndings and take action, track and communicate
externally on performance.
Human Rights Due Diligence
Due diligence
Businesses should identify and understand
how their activities impact indigenous peo-
ples rights. Generic Environmental, Social
and Health assessments may not identify the
specifc impacts indigenous peoples experi-
ence considering their collective rights under
the UN Declaration
37
. On-going human rights
due diligence, a key requirement under the
Guiding Principles, enables businesses to
identify, prevent, mitigate and account for
how they address these impacts.
38
According
to the Guiding Principles, the due diligence
process should include:
a. assessing actual and potential impacts on
indigenous peoples rights (GP 18);
b. integrating and acting upon the fndings
(GP 19);
c. tracking responses (GP 20); and
d. communicating externally how impacts
are addressed (GP 21).
Human rights due diligence also helps the
business implement and embed its indig-
enous peoples rights policy throughout its
operations. Businesses should not simply
rely on general human rights due diligence
in relation to indigenous peoples rights, for
reasons including the following:
39
It is possible that a particular activity may
not impact on the rights of non-indigenous
peoples, but could adversely impact indige-
nous peoples rights. For example, given the
relationship indigenous peoples often have
with their lands, it could be that tourism or
excavation of land has a far more signifcant
impact on them than the activity would
have on non-indigenous peoples; and
Respect for indigenous peoples institu-
tions is necessary in order to respect their
decision-making rights. Business should
seek to understand the unique way of life
of the indigenous group impacted by its
activities. This includes understanding the
ways in which the indigenous group makes
decisions, governs itself, uses, values and
owns land (for example, through commu-
nal ownership or traditional ownership of
lands that are not clearly demarcated as
indigenous), and which resources it consid-
ers most valuable.
When: Business should conduct due diligence
or impact assessments (as discussed below)
in relation to particular activities, includ-
ing (i) prior to commencing or investing in
a business activity; (ii) for the purposes of
mergers and acquisitions activities; (iii) when
entering a new country, region or location; (iv)
when entering into arrangements with new
business partners; or (v) when the context or
circumstances of its engagement with or im-
pact on indigenous peoples will change or has
changed (including the actual or projected clo-
sure of a business or termination of a project).
How: Due diligence can encompass a range
of elements: (i) the use of an internal or in-
dependent external human rights or indige-
nous peoples rights expert; (ii) desk research
to identify government policies, reports,
treaties, arrangements with and baseline
data about such indigenous peoples
40
; (iii)
engagement with indigenous organizations,
government authorities and other relevant
civil society organizations, including indig-
enous organizations that may be a federa-
tion or association of individual indigenous
communities or function as a national body;
Because human rights
involve rights holders,
human rights due diligence
is not simply a matter of
calculating probabilities, it
must meaningfully engage
rights holders or others
who legitimately represent
them.
Professor John Ruggie,
former UN Special
Representative on Business
and Human Rights
37. See A/68/279, para. 31; A/HRC/21/47, paras. 50 and 53.
38. Guiding Principle 17.
39. This issue is discussed at Right 2 Respect, 2011, Human Rights
Due Diligence and Indigenous Peoples: What is required?, http://
www.right2respect.com/2011/08/human-rights-due-diligence-and-
indigenous-peoples-what-is-required/
40. See the discussion of Article 37 of the UN Declaration provided
in Part II of this Guide for a discussion on treaties.
16
(iv) visits to project sites; and (v) meaningful
consultation and collaboration with local
indigenous communities. The appropriate
scope of due diligence will depend on the
business size, structure and context. Also in
consideration is the nature of the proposed
activity or project and its potential impact
on indigenous peoples rights, in particular
impacts large in scale and irremediable in
character.
41
Assessments of the severity of
the impacts, especially impacts with social,
cultural and spiritual dimensions, must be
conducted in consultation with the indig-
enous peoples concerned through their own
representative institutions.
42
What: Key factors to consider in conducting
indigenous peoples rights due diligence:
For the due diligence process to be ef-
fective, potentially affected indigenous
peoples should be engaged in meaningful
consultation. (See the section Consulta-
tion for guidance on engaging with indig-
enous peoples, including for the purpose of
due diligence.);
Business should conduct due diligence
to identify national laws and practices
relating to land title, including whether
the government recognizes collective land
rights, and the extent to which indigenous
peoples have received formal title for their
lands. This is typically an area of risk for
companies, since some governments do not
recognize the collective land rights of indig-
enous peoples, or only provide title for an
area smaller than the groups have tradi-
tionally used and occupied. This legal due
diligence should help companies identify
the gaps between national law and practice
versus international law;
43
Due diligence should be conducted recogniz-
ing that women and certain other members
of such community may bear a greater
proportion of adverse impacts of develop-
ment projects. The UN Working Group on
the issue of human rights and transnational
corporations and other business enterprises,
submitted in 2013, states that:
Business enterprises should ensure that impact
assessments are robust enough
to detect differentiated impacts on
possible vulnerable groups who may sustain
greater adverse impacts from the same opera-
tion due to political, economic or social margin-
alization within the indigenous community.
44
The due diligence process should take
account of actual and potential adverse
impacts on indigenous peoples cultures,
values and traditional knowledge, which
are often poorly understood by businesses.
Assessing impact should be done in a
participatory and consensual manner with
indigenous peoples concerned. Business
may consider engaging an expert with
ethno-development expertise or an indig-
enous person
45
to assist or conduct the due
diligence if the business does not have the
appropriate expertise in-house; and
As part of the diligence process, business
should consider whether they are con-
tributing to cumulative impacts affecting
indigenous peoples. Conficts between
companies and communities frequently
arise as a result of the cumulative impacts
of multiple companies, rather than the
individual impacts of a single company,
especially in regions with large amounts of
corporate activities.
46
Where: Business should integrate the results
of their due diligence process into business
operations and address any impacts on in-
digenous peoples rights, as well as track the
responses effectiveness.
47
Business should
also make the results of its due diligence and
impact assessments available to the relevant
indigenous peoples in their native language
in a culturally appropriate format (respecting
confdentiality and privacy considerations,
especially of indigenous peoples involved in
the due diligence), and ensure that techni-
cal information is presented in an accessible
format. The results should be made available
externally for transparency (again, respect-
ing confdentiality considerations).
48
41. Guiding Principle 14.
42. UN Offce of the High Commissioner for Human Rights, 2011,
The Corporate Responsibility to Respect Human Rights: An Inter-
pretive Guide, p. 27.
43. See the Global Compacts forthcoming Good Practice Note on
Free Prior Informed Consent by Amy Lehr.
44. See A/68/279, p. 23.
45. Even if the indigenous person does not belong to the indig-
enous community concerned, an assessment by an indigenous
person is more likely to be well received and might help enhance
trust between the business and the community.
46. Guidance on how to identify and manage cumulative impacts
can be found in the IFC's Good Practice Handbook on Cumulative
Impact Assessment and Management: Guidance for the Private
Sector in Emerging Markets (2013) and the forthcoming cumula-
tive impacts dilemma on the Global Compact's Human Rights
and Business Dilemmas Forum website (http://human-rights.
unglobalcompact.org/).
47. Guiding Principle 19.
Part I: Key Business Actions | Human Rights Due Diligence
17
Conducting Impact
Assessments
The initial step for conducting human rights
due diligence is to identify and assess poten-
tial and actual adverse impacts on human
rights. In many contexts, business is often
required to prepare stand-alone impact as-
sessments in relation to specifc proposed or
on-going activities (in a number of countries,
this is a regulatory requirement necessary,
for instance, to obtain operational licences).
ILO Convention 169 Article 7(3) and the Inter-
American Court of Human Rights decisions
in the Saramaka and Sarayaku cases provide
that governments must ensure that where
appropriate, social, environmental, spiritual
and cultural assessments should be conduct-
ed with indigenous peoples prior to giving a
project concession to a company.
Impact assessments should also continue
through the duration of the activity and
thereafter, as necessary, to ensure that all
project impacts are documented. Assessments
not only provide the business with informa-
tion on the projects actual or potential im-
pact on indigenous peoples and their rights,
but also furnish affected indigenous peoples
with information about human rights risks so
that they can meaningfully engage with the
business concerning the proposed project.
49
Business should also consider the follow-
ing in relation to due diligence and impact
assessments:
Effort should be made to incorporate cul-
tural heritage impacts into environmental,
social, and human rights impact assess-
ments.
50
For example, when conducting
environmental impact assessments, a busi-
ness should strive to understand not only
actual and potential adverse impact on the
environment, but also indigenous peoples
spiritual values and their particular concep-
tions of land, territories and resources;
51
Collaboration with indigenous peoples and
business to conduct joint impact assess-
ments can lead to a number of benefts.
The community better understands the
impact of the project, which supports
informed consent. Working together helps
develop relationships between the com-
pany and the community, which can create
a continuous feedback loop. Moreover, a
company might better understand a proj-
ects impact because indigenous communi-
ties often possess unique insights into their
lands, cultural heritage, and traditional
knowledge. Such mechanisms require extra
time to develop and may necessitate capac-
ity building so that community members
can rigorously measure impacts. Such time
is likely to be well-spent, since communi-
ties are less likely to doubt the results of
assessments they help implement;
Many impact assessments take place in
accordance with legislative or regulatory
processes, which, for various reasons, can
hinder the ability of indigenous peoples
to effectively participate.
52
For example,
the legislative or regulatory process may
not expressly require the involvement of
indigenous peoples, even where they are
being impacted. In such cases, business
should still consider involving the relevant
indigenous peoples;
Business can consider providing funding
and other necessary support to indigenous
peoples to ensure their full participation
in impact assessments, including funding
third party impact assessments. However,
business should be mindful that if such
support is not appropriately executed, there
may be perceptions of bribery or other
misalignments of interest that undermine
the legitimacy of such assessments. If ap-
plicable, third party assessments should be
undertaken by an independent and techni-
cally capable entity, chosen by or accept-
able to the indigenous peoples concerned,
and address the cumulative impact of exist-
ing and proposed projects;
48. See Goldcorps example of Human Rights Impact Assessment
involving indigenous peoples. The executive summary of fndings
was also made available in the Mam and Sipakapense languages:
http://www.hria-guatemala.com/en/MarlinHumanRights.htm http://
www.hria-guatemala.com/en/MarlinHumanRights.htm
49. Ibid., The International Council on Mining and Metals outlines
how the typical due diligence process may need to be expanded for
projects affecting indigenous peoples in Good Practice Guide: In-
digenous Peoples Guide, section 3.3. Available at http://www/icmm.
com/library/ indigenouspeoplesguide.
50. For an example of one companys approach to incorporating
cultural heritage into management systems, see Why Cultural
Heritage Matters: A resource guide for integrating cultural heritage
management into Communities work at Rio Tinto (2011). http://
www.riotinto.com/documents/ReportsPublications/Rio_Tinto_Cul-
tural_Heritage_Guide.pdf
51. For further guidance see the CBDs Akw: Kon Voluntary
Guidelines for the Conduct of Cultural, Environmental and Social
Impact Assessments Regarding Developments Proposed to Take
Place on, or which are Likely to Impact on, Sacred Sites and on Lands
and Waters Traditionally Occupied or Used by Indigenous and Local
Communities (2004). http://www.cbd.int/doc/publications/akwe-
brochure-en.pdf
52. OFaircheallaigh, Ciaran, Making Social Impact Assessment
Count: A Negotiation-based Approach for Indigenous Peoples (1996).
18
Impact assessments should be undertaken
using quantifable measurements and clear
methodology so that performance can be
tracked. Business should put in place sub-
sequent monitoring and evaluation systems
to track the effectiveness of mitigation
measures; and
Impact assessments should be allocated
enough time and resources to ensure the
quality of the results. This is particularly
true with respect to extractive projects af-
fecting water quality and quantity. Business
should allow indigenous peoples suffcient
time to participate (such level of participa-
tion to be determined by the indigenous
peoples themselves).
Integrating Findings and
Taking Action
Guiding Principle 19 states that following
their due diligence, business should inte-
grate the fndings and take appropriate
action. Effective integration requires that
responsibility for addressing adverse human
rights impacts is assigned to the appropriate
level and function within the business, and
internal decision-making, budget alloca-
tions and oversight processes enable effective
responses. Appropriate action will vary ac-
cording to the link between the business and
the impacts and the extent of its leverage
in addressing such impact. Business should
consider the following when determining an
appropriate course of action:
A business that causes or may cause an
adverse impact on indigenous peoples
rights should take necessary steps to cease
or prevent the impact;
If the business is one of multiple entities
contributing to such a violation, the busi-
ness should take necessary steps to cease or
prevent its contribution and use available
leverage to change wider business practices
(GP 19);
Where a business neither causes nor con-
tributes to an adverse impact, but its opera-
tions, products, or services are directly
linked to the impact through a business
relationship for example, a supplier
operating without community consent and
degrading indigenous territories unknown
to the company and in violation of contrac-
tual terms the business should consider
the following questions in determining
how to proceed:
Does the business have suffcient lever-
age over the entity concerned to ensure
that the impact ceases (or is prevented)?
If so, this leverage should be utilized.
If there is insuffcient leverage, how
crucial is the relationship to the business
and how severe is the impact?
Would terminating the business relation-
ship have adverse human rights conse-
quences?
If the business relationship is main-
tained, is the business undertaking
efforts to mitigate the impact? Is the
business prepared to accept the reputa-
tional, fnancial or legal consequences of
maintaining the relationship?
Business may beneft from independent ex-
pert advice in answering these questions and
in particularly complex scenarios
53
.
53. The Global Compact has developed a fow chart to provide a
visual representation of the requirements under Guiding Principle
19: http://www.unglobalcompact.org/docs/issues_doc/human_
rights/Resources/Guiding_Principle_19_Flow_Chart.pdf
54. See A/HRC/15/37., para 49.
55. For guidance to address IPVIs, please see: Guidelines for the
Protection of Indigenous Peoples in Voluntary Isolation and
Initial Contact in the Amazon Region, the Gran Chaco and the
Eastern Region of Paraguay, OHCHR and the Spanish Agency for
International Cooperation and Development (2012). http://acnudh.
org/2012/05/directrices-de-proteccion-para-los-pueblos-indigenas-
en-aislamiento-y-en-contacto-inicial-de-la-region-amazonica-el-
gran-chaco-y-la-region-oriental-de-paraguay/
56. Danish Institute for Human Rights, 2012. Decision Map: Doing
Business in High-Risk Human Rights Environments. http://www.
humanrightsbusiness.org/fles/Publications/doing_business_in_
highrisk_human_rights_environments__180210.pdf
57. UN Global Compact Human Rights Tools are available at: http://
unglobalcompact.org/Issues/human_rights/Tools_and_Guid-
ance_Materials.html; See also the Business and Human Rights
Dilemmas Forum: http://human-rights-forum.maplecroft.com/
forum.php
Part I: Key Business Actions | Human Rights Due Diligence
19
What should a business do if a group identies as indigenous
but the government does not recognize them as such, or does
not otherwise respect indigenous peoples rights?
In some countries, the government does not recognize groups that identify as
indigenous due to concerns over the obligations that would follow such recogni-
tion, for example in relation to self-determination or land rights. There are also
some countries that do not recognize the existence of indigenous peoples at all.
Business has a responsibility to respect human rights independent of a States
willingness to full its human rights obligations, and business due diligence
requires that companies identify in advance the existence of indigenous peoples
potentially affected by their activities.
Special Rapporteur on the Rights of Indigenous Peoples, James Anaya, has
discussed this challenge:
One of the fundamental difculties facing companies that operate in indigenous
territories, or whose operations affect those territories, is the absence of formal
recognition of indigenous peoples by the State in which they live, or recognition
limited solely to certain groups. Nevertheless, a generally accepted principle
of international human rights law holds that the existence of distinct ethnic,
linguistic or religious groups, including indigenous peoples, can be established by
objective criteria and cannot depend on a unilateral decision by a State.
Businesses cannot use limited recognition, or absence of explicit recognition, of
indigenous peoples in the countries in which they operate as an excuse not to
apply the minimum international standards applicable to indigenous peoples, in-
cluding in cases where States are opposed to the application of such standards.
54
The corporate responsibility to respect human rights includes individuals belong-
ing to specic groups or populations that require particular attention, such as
indigenous peoples (GP 12).
The following suggestions may assist businesses facing this situation:
Where a group legitimately self-identies as indigenous, proceed on this basis
as if the group was formally recognized as such (for example, obtain FPIC as
required by the UN Declaration, even if this takes place outside of, and is not re-
quired by, any government processes). In the case of IPVIs, businesses should
have a procedure or protocol to be followed to assess the existence of IPVIs.
When in doubt about the existence of IPVIs, the precautionary approach should
always prevail;
55
To the extent appropriate, consider engaging with the government to explore the
possibility of recognition and protection of rights. Ensure, though, that this will
not worsen the indigenous peoples position or create additional risks to them or
their rights; and
Be cautious about entering into agreements with governments that do not
respect the rights of indigenous peoples. Consider ways to encourage govern-
ments to full their human rights obligations, and incorporate expectations as
to protection of and respect for indigenous peoples rights into agreements with
governments where possible. Having a previously stated public policy can help.
For further guidance on assessing risks and determining approaches to conduct-
ing business in contexts where human rights are not routinely respected (which
is also relevant in relation to indigenous peoples rights), see: Decision Map: Do-
ing Business in High-Risk Human Rights Environments, Danish Institute for Hu-
man Rights.
56
Further human rights guidance material can be found on the Global
Compacts website and companies can propose, explore and discuss human
rights dilemmas and good practice for responsible business in emerging econo-
mies in the Global Compacts Human Rights and Business Dilemmas Forum
57
.
20
Tracking and communicating
externally on performance
Effective monitoring and reliable report-
ing on the impacts of business activities on
indigenous rights are crucial to enable a
business to fulfl its responsibility to respect
such rights. Tracking performance helps the
business identify trends, including problem-
atic areas, which may require more systemic
changes, or best practices to disseminate and
further reduce risk and improve perfor-
mance to meet its corporate responsibility to
respect indigenous peoples rights.
Tracking the effectiveness of responses
to adverse human rights impacts should
draw from a) appropriate qualitative and
quantitative indicators and b) a broad base
of internal and external sources, including
feedback from affected indigenous peoples.
Care should be taken to ensure that data is
gathered from a representative population
of indigenous peoples (including women,
elders, and youth). It may be helpful for
business to analyse the results using gender-
disaggregated data.
In addition to tracking, assessing and
taking appropriate action to prevent and ad-
dress adverse impacts, the Guiding Principles
provides that business should communicate
externally on its adverse human rights
impacts and responses. Reporting provides
transparency, builds confdence among exter-
nal stakeholders and may bring reputational
and relationship benefts. The form of the
communication should ft the purpose and a
variety of communication methods may be
appropriate in different contexts.
58
If the pur-
pose is to communicate to potentially affected
indigenous peoples how the business is ad-
dressing a human rights risk it has identifed,
then communication could be limited to that
group and should take account of literacy,
language and cultural communication barri-
ers. For instance, verbal communications and
in-person meetings may be considered more
respectful than written communications. For-
mal public reporting is required in instances
where a business activities, whether through
its operations or operating context, poses a
risk of severe human rights impact, defned as
extensive in scale and scope or irremediable
in nature (GP 21). For example, loss of indig-
enous peoples culture would be irremediable
in nature, and considered a severe human
rights impact. The Principle also provides that
when communicating externally, business
should be sensitive that doing so does not in
turn put potentially affected stakeholders,
such as indigenous peoples or workers, at risk
for retaliation.
In investor communications, granular
data is often appreciated to assess business
risk and quality of management, including
performance indicators (e.g., the number and
types of communications and meetings held,
complaints, responses to complaints, etc.),
management systems and operational poli-
cies (e.g., commitments, internal roles and
responsibilities, employee training, etc.). The
legitimacy and transparency of a formal re-
port may be enhanced by independent third-
party review or prepared by a committee
with an indigenous person or other external
expert. The Guiding Principles also provide
that [f]inancial reporting requirements
should clarify that human rights impacts in
some instances may be material or signif-
cant to the economic performance of the
business enterprise. In light of this trend,
business should formally disclose informa-
tion about projects that require indigenous
peoples FPIC.
Additional guidance for reporting on hu-
man rights is available from the Global Re-
porting Initiative and UN Global Compact.
59
58. For guidance in diverse contexts, refer to http://www.unglobal-
compact.org/AboutTheGC/tools_resources/humanrights.html.
59. See human rights reporting guidance available at the Global
Compact website: http://www.unglobalcompact.org/Issues/human_
rights/guidance_material_continued.html#reporting
Part I: Key Business Actions | Human Rights Due Diligence
21
Action: Consult in good faith with indigenous peoples in relation to all matters that may affect
them or their rights
Consultation
Consultation, participation and engagement
with indigenous peoples form a crucial part
of a business responsibility to respect the
rights of indigenous peoples. Consultation
enables business to learn perspectives on
matters that may affect indigenous peoples,
and can foster development of more trusting,
positive relationships between the business
and the indigenous peoples.
As noted by the ILO, the concept of
consulting the indigenous communities that
could be affected by the exploration or exploi-
tation of natural resources includes establish-
ing a genuine dialogue between both parties
characterized by communication and under-
standing, mutual respect, good faith and the
sincere wish to reach a common accord. A
simple information meeting cannot be consid-
ered as complying with the provisions of the
Convention.
60
Notwithstanding the limited
ratifcation of ILO Convention 169
61
, many
experts maintain that the obligation for States
to hold prior consultations with indigenous
peoples is a general principle of international
law.
62
While the duty to consult rests with
States, the trend and its implications for good
business practice are clear.
The UN Declaration contains more than
twenty provisions affrming the right of
indigenous peoples to participate in decision-
making, most directly articulated in Articles
18 and 19 (further elaborated in Part II of
this Guide).
Consultation can present implementation
challenges based on local conditions. Accord-
ingly, as an initial step prior to engaging with
indigenous peoples, business should under-
take pre-engagement analysis to understand
the indigenous communities that may be af-
fected by the relevant business activity, their
culture, governance and decision-making
structures (including both traditional and
contemporary decision-making bodies) and
methods of communication. Additionally,
business should also seek to understand the
relationships between and within indigenous
groups, and whether it is most appropriate to
consult on a local community level, a re-
gional level or both. With this understanding,
business can then develop an outreach and
communication strategy to support culturally
respectful consultation and engagement.
For consultation to be effective, it should
be consistent with the following points:
Consultations should be undertaken in
good faith with indigenous peoples institu-
tions, with the objective of reaching a mu-
tually satisfactory agreement. They should
start as early in the business consideration
of the activity as possible. The requirement
for good faith consultation is central to
the duty to consult;
63
Business should be sensitive to barriers
linguistic, cultural, gender or other that
indigenous peoples may face in speaking
openly to representatives of a business.
64
Business should communicate in a way
that the relevant indigenous peoples
understand. This may require using
interpreters or translators or developing
visual aids such as maps, animation and
diagrams to assist with the explanation
60. Report of the Committee set up to examine the representation
alleging non-observance by Ecuador of the Indigenous and Tribal
Peoples Convention, 1989 (No. 169), made under article 24 of the ILO
Constitution by the Confederacin Ecuatoriana de Organizaciones
Sindicales Libres (CEOSL), See GB.282/14/2, para 38.
61. ILO Convention 169 has been ratifed by 22 countries. Informa-
tion on ratifcation of ILO conventions is available on the ILO
website at: http://www.ilo.org/dyn/normlex/en/f?p=NORMLEXPUB:11
300:0::NO:11300:P11300_INSTRUMENT_ID:312314:NO
62. See E/C 19/2012/3, para. 8; see also Anaya, J., Indigenous
Peoples Participatory Rights in Relation to Decisions About Natural
Resource Extraction: The More Fundamental Issue of What Rights
Indigenous Peoples Have in Land and Resources, 22(1) Arizona
Journal of International and Comparative Law 7 (2005); see also the
Inter-American Court of Human Rights Judgment in the case of the
Kichwa Indigenous People of Sarayaku v. Ecuador (2012), p. 45.
63. See Article 19 and Article 32. Furthermore, Article 46 states
that all provisions in the UN Declaration must be interpreted in
accordance with the principles of good faith.
64. UN Offce of the High Commissioner for Human Rights. The
Corporate Responsibility to Respect Human Rights: An Interpretive
Guide. p. 44
22
of technical concepts. Highly technical
data (e.g., in relation to environmental
matters) may need additional explana-
tion and time to understand or develop.
Face to face consultations are often more
valuable and culturally appropriate than
written or telephonic consultations and
visits to other operational sites can also
show indigenous peoples what the proj-
ect would involve. Care should be taken
to ensure that such visits are directly
comparable to the proposed project,
and are not seen as a form of personal
inducement, which could isolate those
attending from their community;
65
Business should consider the perspec-
tives of indigenous women, who may
face impediments to participating in the
decision-making process due to cultural
traditions. This may require additional
targeted efforts, for example, by pro-
viding childcare or eldercare during
meetings or holding separate meetings
for women. Business should support
womens inclusion in the decision-
making process as an integral part of an
indigenous communitys voice; and
Business should seek to understand tra-
ditional laws of the relevant indigenous
peoples; an actions legality under State
law may not necessarily be considered le-
gal under traditional indigenous law. In
addition, indigenous peoples may have
traditional laws governing the manner in
which they make decisions and engage
with external actors in the process of
decision-making.
Consultations must be in a form appropri-
ate to the circumstances. Business should
therefore identify and negotiate with
legitimate representatives of the potentially
affected indigenous community, at the local
and regional levels, and avoid working with
imposed or self-appointed leaders not recog-
nized by the community. These legitimate
representatives should remain accountable
to the community. To the extent possible,
indigenous peoples should participate in
decision-making as directly as possible. If
intermediaries are used, companies should
ensure that no actors are making decisions
on behalf of indigenous peoples unless
authorized by those peoples to do so.
Business should be aware of the potential
challenge when identifying legitimate
representatives of balancing respect for
customary governance structures (which in
some cases may be patriarchal and exclude
women, for example) and ensuring consul-
tations are inclusive of women and other
potentially disenfranchised groups. The
manner in which these groups participate
should be determined through a process of
dialogue with the community. Related to
this, the UN Working Group recommends:
Seek open and inclusive dialogue with atten-
tion to both men and women, including, where
applicable, with national federations and
umbrella organisations of indigenous peoples.
When such an approach is taken, indigenous
peoples will themselves identify their legitimate
representatives.
66
Indigenous peoples are entitled to involve
whomever they choose in consultation pro-
cesses, either to provide them with input
or to represent them in discussions where
they decide it is appropriate; Indigenous
peoples may seek independent advice
from NGOs and/or independent experts. If
requested by the indigenous community,
business should help facilitate this, in a
manner that does not infuence who they
choose to involve, nor infuence the views
of the provider of these services. NGO or
external partners that have indigenous
representation on their boards and staff
may be more likely to act in the genuine
interests of the communities they claim to
represent, including by working to build
indigenous peoples own capacity to make
decisions themselves;
Business should engage with communities
as broadly as possible (and encourage lead-
ers to consult their respective populations)
to mitigate the risk that a change in leader-
ship brings a stop to negotiations or cancels
an agreement;
Business should listen to indigenous peo-
ples and engage in dialogue to understand
their perspectives, rather than imposing
65. Cathal Doyle & Jill Cario. Making Free, Prior & Informed
Consent a Reality, Indigenous Peoples and the Extractive Sector
(2013), p 77.
66. See A/68/279, p. 11.
Part I: Key Business Actions | Consultation
23
their own views. Open and honest com-
munication is critical in order to achieve a
common, accurate understanding of each
others interests;
Business should not interfere in indigenous
governance processes by politicizing a proj-
ect, pressuring, or selectively offering special
benefts to politically powerful groups or
individual communities to gain support.
Business should seek to understand and
mitigate the ways in which their actions
could create or fuel confict among and
within indigenous groups. Related to this
concept, business should be mindful of per-
ceptions of bribery when paying for travel,
food and accommodation for indigenous
representatives in the context of consulta-
tions. The implementation of community
projects prior to obtaining consent can
serve to distort consultation processes. Per-
mission should therefore be sought from
the community prior to proceeding with
such projects;
67
Business should allow suffcient time for
consultation. Indigenous communities and
their internal consultation and decision-
making processes may well take longer
than the business processes;
Prior to embarking on substantive consulta-
tions, initial consultations should be held
to determine who is to be included and
the process to be followed. The subsequent
consultation processes should be reviewed
and agreed to by the parties on an on-going
basis to ensure that they remain effec-
tive. As noted by the UN Working Group,
consultation and free prior and informed
consent processes should be as far as
possible determined and controlled by the
particular indigenous community;
68
Engagement does not end if and when
indigenous peoples give their consent to a
particular project activity or phase. Engage-
ment and communication must continue
throughout the duration of the project.
Business should try to retain the same
consultation staff for the duration of the
project, and make sure they are easily ac-
cessible to the relevant indigenous peoples;
Certain groups of indigenous peoples live
in voluntary isolation. Unless invited to
make contact, business should not engage
in any contact with such indigenous peo-
ples, and consequently should avoid con-
ducting any operations that may impact on
these indigenous peoples or areas in which
they live. Consequently, business should
develop suffcient buffer zones to protect
these indigenous peoples from accidental
contact by their operations, including the
use of airplanes and helicopters fying over
these areas, and also avoid any potential
land, air, water or noise pollution which
may impact their environment;
69
and
Consultations should be broad based and
involve all potentially impacted indig-
enous groups. The determination of which
groups are to be included, and the project
impact area, should be based not only on
the direct physical impact area but on the
social, cultural and spiritual attachment to
territories.
70
My best advice on how
to conduct yourself at
a meeting is from a
Nyoongar Elder
(Australia) who said,
"There is a reason why
we have two ears and
only one mouth".
David Hircock, Natural
Resource Advisor, Estee Lauder
67. Cathal Doyle & Jill Cario Making Free, Prior & Informed
Consent a Reality, Indigenous Peoples and the Extractive Sector
(2013) at 22
68. See A/68/279, para 10; See also Cathal Doyle & Jill Cario Mak-
ing Free, Prior & Informed Consent a Reality, Indigenous Peoples
and the Extractive Sector (2013) at p. 17
69. "Guidelines for the protection of Indigenous Peoples living in
Voluntary Isolation and Initial contact in the Amazon region and
Chaco" (in Spanish). See also A/HRC/EMRIP/2009/6.
70. Cathal Doyle & Jill Cario Making Free, Prior & Informed
Consent a Reality, Indigenous Peoples and the Extractive Sector
(2013) at 10, See also: Final Statement Complaint from the Future
In Our Hands (FIOH) against Intex Resources ASA and the Mindoro
Nickel Project The Norwegian National Contact Point for the OECD
Guidelines for Multinational Enterprises (Oslo, OECD, 2011) at 10.
Comments of ILO Supervisory Bodies and UN Special Rapporteur
on the rights of indigenous peoples.
24
Examples
Indigenous support to facilitate
informed decision-making
In negotiating with indigenous Australians
in relation to a project, a Canadian mining
company involved indigenous Canadians in
the negotiations to provide assistance, infor-
mation and support to the indigenous Aus-
tralians. The company also few a number of
the indigenous Australians to Canada so that
they could see frst-hand an operating mine
of that type, also on indigenous land.
Facilitation of community
decision-making
An oil company moved into an area in Brazil
where an indigenous people were spread
among 32 villages along a river. A number
of environmental groups offered to help
the indigenous community to drive out the
company. However, the indigenous commu-
nity did not know the approach that it col-
lectively wanted to take. An indigenous NGO
provided a small grant to the indigenous
community, which allowed the purchase
of petrol for boats and a communal meal at
each village, to facilitate community discus-
sion and decision-making. In the end, every
village voted to engage with the company.
Part I: Key Business Actions | Consultation
Windel Bolinget participating in a consultation meeting on
the development of this Guide.
25
Action: Commit to obtain (and maintain) the free, prior and informed consent of indigenous
peoples for projects that affect their rights, in line with the spirit of the UN Declaration.
71

Free, prior and informed consent
The concept of free, prior and informed
consent (FPIC) is fundamental to the UN
Declaration as a measure to ensure that
indigenous peoples rights are protected. The
UN Special Rapporteur on the Rights of In-
digenous Peoples clarifed that consultation
and consent together are a special require-
ment safeguarding substantive human rights
frmly enshrined in international law,
72

including the right to self-determination.
Consultation and consent are separate but
related concepts. FPIC implies a decision-mak-
ing right to either permit, agree to a modifed
version, or to withhold consent to a project
or activity. While a business should always
engage in meaningful consultation with
indigenous peoples before commencing activi-
ties that impact on their rights, and during
the project lifecycle, FPIC is legally required
in certain circumstances, as discussed below.
The concept of a States FPIC obligation is
well enshrined in international law.
73
The
UN Declaration creates an expectation that
governments will seek the FPIC of indig-
enous peoples for development projects. UN
Treaty Bodies and regional human rights
bodies have interpreted FPIC in accordance
with the UN Declaration.
74
Nonetheless, the concept of FPIC is still
nascent at a State level. While States bear
the primary obligation for carrying out
FPIC, the practical role of government in
ensuring compliance with FPIC varies by
country, and many governments are still in
the early stages of working out how to best
comply with international FPIC standards.
The independent corporate responsibility
to respect indigenous peoples rights gives
rise to opportunities for business to partner
with governments and indigenous peoples to
advance FPIC practices.
While international legal standards
explicitly address the role of States, a variety
of infuential standards, such as the lending
policies of multilateral banks and industry
groups, have articulated the expectation that
companies obtain FPIC. In light of this trend,
businesses that commit to obtaining FPIC of
indigenous peoples are better positioned to
avoid signifcant legal and reputational risk.
75
71. This section draws from the Global Compacts Good Practice
Note on Free Prior Informed Consent by Amy Lehr.
72. See A/HRC/21/47, para 49.
73. For a comprehensive analysis and discussion of the normative
weight of FPIC, see the UN REDD Programme Guidelines on Free
Prior and Informed Consent and Legal Companion (January 2013),
available at: http://www.un-redd.org/Launch_of_FPIC_Guidlines/
tabid/105976/Default.aspx
74. Case of the Saramaka People v. Suriname, Judgment, IACHR,
Series C. No. 172 (28 Nov. 2007).
75. See the Global Compacts Good Practice Note on Free Prior
Informed Consent by Amy Lehr.
RELATED BUSINESS STANDARDS THAT REFER TO
FPIC OF INDIGENOUS PEOPLES:
IFC Performance Standard 7 includes a requirement of FPIC for
certain projects affecting indigenous peoples.
The European Bank of Reconstruction and Development and
the Inter-American Development Bank have adopted loan poli-
cies that require the FPIC of indigenous peoples in some instances.
2013 Equator Principles, which are social and environmental
lending policies adopted by a substantial number of commercial
banks, also require FPIC for certain projects.
Roundtable on Sustainable Palm Oil and Forest Stewardship
Counsel are examples of multi-stakeholder codes of conduct that
refer to FPIC.
International Council on Mining and Metals members issued
a position statement afrming their commitment to obtain FPIC
for projects or new stages of projects expected to have signicant
impacts on indigenous peoples.
26
When: FPIC should be obtained whenever
there is an impact on indigenous peoples
substantive rights (including rights to land,
territories and resources, and rights to
cultural, economic and political self-determi-
nation).
76
The UN Declaration expressly refers to
FPIC in the following circumstances:
removal and relocation of indigenous
peoples (Article 10);
taking of cultural, intellectual, religious or
spiritual property (Article 11);
adoption and implementation of legislative
or administrative matters that may affect
indigenous peoples (Article 19);
confscation, taking, occupation, use or
damage of indigenous people lands or ter-
ritories (Article 28);
storage or disposal of hazardous materials
on indigenous peoples lands or territories
(Article 29); and
projects affecting indigenous peoples
lands, territories or other resources, par-
ticularly in connection with the develop-
ment, use or exploitation of mineral, water
or other resources (Article 32).
Taken together with indigenous peoples
right to self-determination, which means
that indigenous peoples are entitled to
decide their own paths of economic, politi-
cal and cultural development, FPIC will be
required in a broad range of situations.
FPIC is an on-going process that should
be maintained throughout the life cycle of
planning, researching, developing, imple-
menting, and executing a project. This will
involve regular engagement with affected
indigenous peoples.
FPIC applies to existing projects and
agreements between businesses and indig-
enous peoples. To the extent a business is
operating without FPIC, it should strive to ob-
tain the consent of the indigenous peoples as
soon as possible before continuing activities
impacting indigenous peoples. In some cir-
cumstances, an indigenous community may
be entitled to withdraw the consent that they
have previously given (see the discussion of
Consent below). Changes to projects that
impact indigenous peoples rights should be
based on obtaining their consent.
Components of FPIC
77
There is no simple checklist that a business
can complete in order to assure that they
have satisfed the FPIC requirement. What
a business should do in order to obtain FPIC
from the relevant indigenous peoples (if
indeed they are willing to provide their con-
sent) will depend on all of the circumstances,
including the situation and interests of the
indigenous peoples, their cultures, practice
and customary laws and institutions, the
existing local laws regarding FPIC and the
specifcs of the proposed activity and its
social and environmental impacts. That said,
business should be familiar with the compo-
nents of FPIC, which are as follows:
FREE means no coercion, intimidation,
manipulation, or undue infuence or pressure.
Indigenous peoples consent must be obtained
without physical or psychological, direct or in-
direct, tactics meant to coerce, manipulate or
otherwise pressure the indigenous decision-
makers, including written, audio or any other
method of communication.
78
Business should consider the broader
context and political environment facing
the relevant indigenous peoples, including
governmental processes that could affect
their sense of freedom of decision. In some
cases, indigenous peoples have provided
consent when threatened with force or
with the compulsory acquisition of their
lands by State actors, or the withdrawal of
State funding, if they did not come to some
agreement with the relevant business. In
such cases, consent will not be free;
79
76 Ibid. See also African Commission on Human and Peoples
Rights Endorois v Kenya; CERD Concluding Recommendations and
Early Warning Urgent Action Procedures; C Doyle and J Carino,
Making FPIC a Reality, at 7-9.
77. These defnitions of FPIC components draw heavily from the
OHCHRs Factsheet on Free Prior and Informed Consent of Indig-
enous Peoples (2013). Available at: http://www.ohchr.org/Docu-
ments/Issues/IPeoples/FreePriorandInformedConsent.pdf
78. See E/C.19/2005/3.
79. An example of this situation is discussed in OFaircheallaigh,
Ciaran & Twomey, Justine for the Kimberley Land Council, 2010,
Kimberley LNG Precinct Strategic Assessment Indigenous Im-
pacts Report Volume 2. Traditional Owner Consent and Indigenous
Community Consultation: Final Report, http://www.dsd.wa.gov.au/
documents/Appendix_E-2.pdf. See also the example of the judg-
ment in Kichwa Indigenous People of Sarayaku v. Ecuador (June 27,
2012), in which it was found that the Sarayaku people were threat-
ened by army offcials if they did not agree to oil development.
http://corteidh.or.cr/docs/casos/articulos/seriec_245_ing.pdf.
Part I: Key Business Actions | Free, prior and informed consent
27
Business should not take advantage of a
power imbalance. In order to avoid this,
Oxfam Australia suggests the following:
80
[T]he process of obtaining consent must be struc-
tured. Meetings should be conducted under an
agreed agenda. Interactions between company
and government offcials should be limited to
meetings with the community as a whole and
their freely chosen representatives and advisors,
rather than ad hoc interactions with individu-
als who may be vulnerable to manipulation
or undue pressure. The equal participation of
women and men should be ensured. Meaning-
ful consent also requires that communities have
the right to obtain independent legal and other
specialist representation and advice, and infor-
mation regarding the project to be developed,
if requested, because community capacity to
engage these processes in their native language
is fundamental.
Indigenous peoples must be given suff-
cient time to consider their decision, and
must not be pressured to agree to a plan.
Unreasonable time pressures can affect the
freedom of a decision. What is a reasonable
amount of time will depend on the indig-
enous peoples in question and the decision
being taken; and
Indigenous peoples should not be under
the impression that the project will go
ahead whether they participate or not, nor
should they be lead to believe that their
concerns will not be taken into account.
PRIOR implies that consent is to be sought
suffciently in advance of any authorization
or commencement of activities and respect
is shown to time requirements of indig-
enous consultation/consensus processes. The
International Council on Metals and Mining
defnes prior as suffcient time for indig-
enous peoples to be involved in the decision-
making process with respect to a given
project, before any key project decisions are
made and before any impacts occur.
81
Business should, as early as possible, seek
to agree with indigenous peoples on how to
reach consensus at every stage of a project
(e.g., exploration, construction/operation, and
closure). According to international human
rights standards, FPIC must frst be obtained
prior to the issuance of licences or concessions
that impact indigenous peoples rights.
82
How-
ever, in practice, the FPIC process often takes
place at the same time as other processes (e.g.,
in relation to State approvals or licenses).
In such situations, business should remem-
ber that FPIC is not a mere formality to be
obtained. FPIC should be obtained before the
proposed activity starts (recognizing that the
timeline for obtaining FPIC can interfere with
government timelines for issuing licenses and
approvals), and is only valid if obtained after
all relevant information has been provided to
indigenous peoples. (See the discussion below,
Consultation, consent and project develop-
ment process for extractive industries for
additional information.)
INFORMED means that information is pro-
vided that covers a range of aspects, includ-
ing the nature, size, pace, reversibility and
scope of any proposed project or activity; the
purpose of the project as well as its duration;
locality and areas affected; a preliminary
assessment of the likely economic, social,
cultural and environmental impact, includ-
ing potential risks; personnel likely to be
involved in the execution of the project; and
procedures the project may entail. Informa-
tion about potential positive and negative im-
pacts should be shared in relation to the pro-
posed activity, including without limitation,
revenue projections and potential adverse
impacts and related mitigation measures to
avoid, minimize or mitigate these impacts.
The information must be provided in a way
that the indigenous peoples understand (e.g.,
must be available in their language), and
access (e.g., hard copies should be available in
addition to e-mail copies as appropriate). Suf-
fcient time must be provided to consider the
information. Sometimes an indigenous com-
munity will lack the institutional capacity to
make an informed decision about a complex
or technical project. In such cases, business
may consider helping (including fnancial
support) with capacity-building, if requested
by the community.
83
80. Oxfam Australia, 2011, Free, prior and informed consent: a
review of free, prior and informed consent in Australia, http://
resources.oxfam.org.au/pages/view.php?ref=671&search=mining
%2C%3A2011&order_by=relevance&sort=DESC&offset=0&archiv
e=0&k=
81. ICMM Indigenous Peoples Good Practice Guide, http://www.
icmm.com/publications/indigenous-peoples-and-mining-good-
practice-guide.
82. ILO Convention 169 Articles 6 and15; UN Declaration Articles
19 and 32; See also A/HRC/12/34 (2009), para 54.
83. Ibid.
28
CONSENT, obtained in a manner that is free,
prior and informed, means agreement to
a business activity after a business has en-
gaged in a good faith consultation with the
affected indigenous peoples. Consent can be
understood as a formal, documented social
license to operate. Indigenous peoples have
the right to give or withhold consent, and
in some circumstances, may revoke consent
previously given. For example, if a business
breaches its obligations under an agreement,
or it becomes apparent that consent was
given without the beneft of all available in-
formation, there may be a basis for revoking
consent.
In order to formally obtain and document
consent for a project, a business should:
Identify and consult with indigenous
peoples representative institutions in order
to negotiate a process for obtaining con-
sent.
84
This should identify the stages of the
project at which consent is to be obtained;
Document the agreed-upon negotiation
process
85
; and
Document the outcome of the negotiation
process.
86
Additional suggested business actions in rela-
tion to FPIC include:
Consider engaging an independent and
culturally-sensitive facilitator, chosen by
or acceptable to the indigenous peoples
concerned, to assist with negotiations;
Consider providing support (e.g., fnancial,
logistical, etc.) to strengthen the capacity of
a communitys decision-making processes,
being mindful that doing so does not create
undue pressure to give consent; and
Consider making arrangements for inde-
pendent monitoring of the FPIC process
and its outcomes, by engaging an indepen-
dent expert chosen in consultation with the
indigenous peoples concerned.
84. See A/68/279.
85. IFC Performance Standard 7 suggests such an approach, as do
a number of NGOs. IFC Performance Standard: Guidance Note 7:
Indigenous Peoples.
86. For examples on the outcomes of FPIC and agreement-making
with indigenous peoples, please see the Agreements, Treaties and
Negotiated Settlements database at www.atns.net.au/
87. Cathal Doyle & Jill Cario, Making Free, Prior & Informed Con-
sent a Reality, Indigenous Peoples and the Extractive Sector (2013).
88. Ibid.
89. Adapted from Cathal Doyle & Jill Cario Making Free, Prior &
Informed Consent a Reality, Indigenous Peoples and the Extractive
Sector (2013), p 53-8.
90. Ibid, page 65-6, 32-9.
Being a Responsible
Corporate Citizen
Respecting international
standards and local laws
on human rights, labour,
the environment and anti-
corruption, as well as taking
additional voluntary actions
that go beyond respect of
such standards to support UN
goals that create shared val-
ues for the business and the
community, build trust and
condence and increases the
likelihood of obtaining FPIC.
An Estee Lauder
representative holds
a consultation with a
Dolakha community
in Nepal.
Part I: Key Business Actions | Free, prior and informed consent
29
Consultation, consent and project development process in extractive industries
Business can face a number of challenges in ensuring meaningful and valid consultation and consent throughout the life of
a project. In the extractive industries, for example, the project development phase can be challenging given its uncertain-
ties. International human rights standards require States to obtain the FPIC of indigenous peoples prior to authorization
of business activity on indigenous lands, including the issuance of concessions, licences or adoption of administrative
measures facilitating these activities. This implies that FPIC is applicable from the earliest stages of a project, includ-
ing exploration and throughout the project lifecycle. Some companies, however, may see this as unrealistic (e.g., because
exploration rarely leads to production). Indigenous peoples for their part reject the notion that licences can be issued over
territories without their FPIC, pointing out that once a company has gained access to their territories for exploration, it
becomes increasingly difcult to withhold FPIC to subsequent commercial activities.
87
Given the different information available prior to exploration and exploitation, and the different impacts, which the com-
munity is being asked to consent to, FPIC processes for exploration and exploitation will be different. The latter tends to be
longer as a result of a greater level of technical information related to the project design, which is generally provided and
has to be understood by the community. Moreover, at the exploration stage, a community may be in principle opposed or
open to the project and may be able to make their position clear in a relatively short consultation process.
88
In relation to these challenges, the following actions are suggested:
Agree to a process for FPIC relating to exploration activities with the indigenous communities prior to the exploration
phase;
In seeking consent for exploration, ensure that indigenous peoples are informed about what may be proposed if exploration
results are positive, and that any new indigenous employment or other benets may end if exploration results are negative;
Recognize that even though FPIC may have been obtained for exploration, the business will again be required to obtain
FPIC before it starts project development or production;
As exploration continues, ensure that indigenous peoples are kept up-to-date with all relevant information. The more up-to-
date the business has kept the indigenous communities throughout the exploration process, the more efcient and effective
the process of obtaining further FPIC is likely to be; and
Ensure that the business is familiar with the potentially affected indigenous peoples decision-making processes, and seek
to understand the likely time period that they will require to provide FPIC. The time and information requirement for FPIC
processes are a function of many variables. For example, communities that have never been exposed to mining have very
different information requirements than those that already have mining in their territories. In the case of the former, indig-
enous peoples will need to be made aware of the potential for exploitation to follow exploration and what it may entail. The
business may need to delay lodging an application if it would start a legislative time frame that was too short to allow for
the relevant FPIC and decision-making processes.
EXAMPLES OF COMPANY COMMITMENTS TO OBTAINING FPIC:
Australia
89
Following three years of negotiation, a mining company publically agreed to a binding consent requirement in relation to any
mining operations (exploration and exploitation) within a concession it had acquired. The mining lease located in Australias
Northern Territory had been granted to another company prior to its acquisition pursuant to national pro-indigenous legisla-
tion in which consent was a condition of approval. However, from the perspective of the indigenous peoples concerned, their
original consent had not been obtained in a manner that was free and informed, forcing them to engage in two decades of
local, national and international campaigning in order to assert their rights.
Canada
90
In Canada, a mining company and a First Nation signed a contractual agreement under which the First Nation agreed to
exploration activities on condition that, should the company wish to subsequently proceed with exploitation, it would only
do so with the First Nations consent. The First Nation used the exploration agreement as leverage to obtain the commit-
ment to FPIC. It also insisted that the mining company respect the communitys consultation procedures, fund traditional
knowledge impact assessments and guarantee reasonable benets.
In another case, a Canadian mining company decided to halt its exploration activity when it became clear that the First
Nation in question was opposed to any exploration or mining activities in its territories. The First Nation requested that any
future engagement with them respect their documented FPIC protocols. The company responded to the request stating
that it would retain its existing mining claims, but would not work on them without the First Nations consent.
30
As part of their duty to protect against
business-related human rights abuse, States
must take appropriate steps to ensure through
judicial, administrative, legislative or other
appropriate means, that when such abuses oc-
cur within their territory and/or jurisdiction,
those affected have access to effective remedy.
Where a business identifes that it has
caused or contributed to an adverse impact
on human rights, business should provide
or cooperate in its remediation through le-
gitimate processes (GP 22 and 29). This could
include establishing or participating in effec-
tive operational level grievance mechanisms
or judicial mechanisms, as appropriate. A
grievance mechanism refers to any routin-
ized, State-based or non-State-based, judicial
or non-judicial process through which griev-
ance concerning business-related human
rights abuse can be raised and remedy can be
sought.
91
Grievance mechanisms should be
sensitive to relevant indigenous cultures and
accessible to all indigenous peoples (includ-
ing women, youth, elders and other poten-
tially vulnerable groups). The UN Working
Group on Business and Human Rights recom-
mends that remedy mechanisms consider the
following:
Afford due recognition to the role of indigenous
peoples customary laws, traditions and practices
and the authority of their governance institutions,
both for substantive and for procedural reasons;
while ensuring they respect the rights and freedoms
of others.
92
Such recognition should acknowledge
that existing indigenous peoples internal
grievance mechanisms may be empowered
to address violations occurring within ter-
ritories under their traditional jurisdiction
93
.
In all cases, the type of remediation process
adopted should have the consent of the
relevant indigenous peoples and guarantee
their participation.
Action: Establish or cooperate with legitimate processes to remediate any adverse impacts
on indigenous peoples rights.
Remediation
Participation in the remediation process
allows a business to demonstrate its com-
mitment to the rights of indigenous peoples.
Business may fnd that participation in such
processes also enables them to stay better
informed of the impacts of their own activi-
ties and adapt their business operations to
reduce potentially harmful impacts of future
operations.
Whether a business approaches reme-
diation from a State judicial or non-judicial
mechanism, an operational level mechanism
or an indigenous mechanism, the inclusion
of indigenous peoples in the remediation pro-
cess and the enhancement of local ownership
of the process is one way they may be able to
obtain broad acceptance for and secure the
legitimacy of a remediation plan. Indigenous
involvement in the remediation process and
in creating remediation measures may also
enable business to develop remediation plans
that best suit the needs of a particular indig-
enous community and encourage a shared
interest in ensuring its success
94
.
Business may face diffcult decisions in
their remediation efforts, especially in situ-
ations where the available procedural rights
and substantive remedies of indigenous
peoples vary signifcantly depending upon
whether indigenous, local, national or inter-
national remediation standards are applied.
There are divergent views on how a business
can best cope with this diffcult situation:
some international law experts argue that
businesses are obligated to abide by interna-
tional standards. The corporate responsibil-
ity to respect human rights exists over and
above compliance with national laws and
regulations protecting human rights (GP 11).
91. Commentary to Guiding Principle 25.
92. See A/68/279, para. 51.
93. Ibid.
94. Ibid.
Part I: Key Business Actions | Remediation
31
Alternatively, some industry experts empha-
size that businesses are obligated to act in
accordance with national and local laws be-
cause it is those laws that will ultimately be
enforced, and thus the business continued
operation depends on adherence to them.
When the domestic context renders it impos-
sible to meet the responsibility to respect hu-
man rights, business are expected to respect
the principles of internationally recognized
human rights to the greatest extent possible
in the circumstances, and to be able to dem-
onstrate their efforts in this regard (GP 23).
Where adverse impacts have occurred
that the business has not caused or contrib-
uted to, but which are directly linked to its
operation, products or services by a business
relationship, the responsibility to respect hu-
man rights does not require that the business
itself provide for remediation though it may
take a role in doing so (GP 22).
Courtesy of Maasai Women
for Education and Economic
Development (MAWEED)
32
Business should establish or cooperate with a
legitimate, effective and culturally-sensitive
operational-level grievance mechanism that
is accessible to indigenous peoples (including
women, youth, elders and other potentially
vulnerable groups, and those who represent
their interests). The grievance mechanism
provides legitimate non-judicial channels
for indigenous peoples to report perceived
infringements of their rights committed by
employees, third parties working on behalf
of the business, or the business itself.
Where such a grievance mechanism is
in place and meets the criteria below, it pro-
vides an early point of recourse to identify
and address the concerns of directly affected
indigenous peoples, before they escalate and
helps develop stronger relationships with
indigenous communities.
In accordance with Guiding Principle 31,
for a non-judicial grievance mechanism to be
effective, it should be:
Legitimate: enabling trust from the
stakeholder groups for whose use they are
intended, and being accountable for the
fair conduct of the grievance process;
Accessible: being known to all stakeholder
groups for whose use they are intended,
and providing adequate assistance for those
who may face particular barriers to access;
Predictable: providing a clear and known
procedure with an indicative time frame
for each stage, and clarity on the types of
process and outcome available and means
of monitoring implementation;
Equitable: seeking to ensure that aggrieved
parties have reasonable access to sources of
information, advice and expertise neces-
sary to engage in a grievance mechanism
on fair, informed and respectful terms;
Transparent: keeping parties to a griev-
ance informed about its progress, and
providing suffcient information about the
Action: Establish or cooperate with an effective and culturally appropriate grievance mechanism.
Grievance mechanism
mechanisms performance to build con-
fdence in its effectiveness and meet any
public interest at stake;
Rights-compatible: ensuring that out-
comes and remedies accord with interna-
tionally recognized human rights; and
A source of continuous learning: drawing
on relevant measures to identify lessons for
improving the mechanism and preventing
future grievances and harms.
Operational-level mechanisms should also be
based on engagement and dialogue; that is,
consulting the stakeholder groups for whose
use they are intended on their design and
performance, and focusing on dialogue as
the means to address and resolve grievances.
Indeed, the development of the grievance
mechanism is an integral part of the broader
dialogue and engagement with indigenous
communities
95
.
Additional considerations for a legitimate,
effective and culturally sensitive grievance
mechanism are as follows:
The mechanisms should be developed in
collaboration with the relevant indigenous
community, based on dialogue and engage-
ment, and in a manner that is consistent
with Articles 27, 28, 32 and 40 of the UN
Declaration;
96
In developing the mechanism, consider-
ation should be given to the indigenous
communitys traditional ways of resolv-
ing disputes (some may be direct, others
indirect), governance and decision-making
structures, languages and sensitivities
around particular issues. Indigenous com-
munities may well require a grievance
mechanism that is separate and different
from the grievance mechanism available to
the broader community. Further, a settle-
ment based on customary laws, traditions
and practices has the potential of ensuring
Part I: Key Business Actions | Grievance mechanism
33
sustainable, longer-lasting results
97
ac-
ceptable to all parties involved, including
business, which is less likely to result from
a judicial process;
A grievance mechanism can only serve its
purpose if the people it is intended to serve
know about it, trust it, and are able to use
it. In this regard, the mechanism should be
constructed in a gender-sensitive manner,
and should be based on dialogue and en-
gagement with the people it is intended to
serve.
98
Ideally, it should be locally based,
so that a complainant should not have to
travel a long distance to report or adju-
dicate a dispute. Other barriers to access
should be considered, and capacity build-
ing undertaken to develop the relevant
legal knowledge and skills required for
meaningful participation. A complainant
should be able to fle a legitimate com-
plaint with ease;
The business should formalize and docu-
ment the grievance mechanism, and ac-
countability for the mechanism should be
assigned;
The business should make sure that the
grievance mechanism is available for
communities (through website(s), posters,
leafets, direct outreach, etc.) in a clear and
easy-to-follow form. Business should also
consider providing information or training
sessions on grievance mechanisms and how
to lodge a grievance;
The business should monitor, either inter-
nally or externally, the grievances raised
and the level of severity, their resolutions,
and the responsiveness of the mechanism.
If no grievances have been raised, or griev-
ances have only been raised by men, for
example, these may be indications that the
mechanism needs adjusting;
Business should also report back to the
community on a regular basis, and allow
the community to provide feedback on the
functioning of the mechanism;
Business should review any grievances on a
regular basis, in order to enhance internal
education about indigenous rights and
improve their own processes; and
The mechanism should have fexibility to
allow the complainant a choice in how
their grievance is addressed. For example, a
minor grievance could be resolved prompt-
ly and effciently, and potentially in an
informal manner. A more serious grievance
is likely to require a different approach.
Since a business cannot, with legitimacy, be
both the subject of complaints and uni-
laterally decide about the outcome, these
mechanisms should focus on reaching
agreement through dialogue. When adju-
dication is needed, this should be provided
by a legitimate and independent third party
mechanism. It should also be recognized
that some grievances may not be suit-
able for resolution through non-judicial
mechanisms and may require adjudication
through courts.
95. See A/68/279.
96. See A/HRC/EMRIP/2012/CRP.1.
97. See A/68/279, para 46.
98. Ibid., para 43.
Customary judicial
body of the Subanon
people of Mt Canatuan,
Zamboanga Peninsula,
Mindanao, Philippines.
Part II: UN Declaration Rights 34
UN DECLARATION
RIGHTS
Part II:
35
The rights
Indigenous peoples are entitled to all human
rights and fundamental freedoms enshrined
in the Charter of the United Nations, the Uni-
versal Declaration of Human Rights and all
international human rights standards. These
include the rights to life, liberty, security of
person, recognition as a person before the
law, equality, nationality, ownership of prop-
erty, freedom of thought and conscience and
religion, freedom of opinion and expression,
work, health and education, among others.
Article 1 of the UN Declaration affrms
both individual and collective human rights
for indigenous peoples. Other human rights
instruments (including those expressly re-
ferred to in Article 1) emphasize an individu-
alistic concept of human rights. However, in-
digenous peoples individual identity is often
indistinct from their identity as a member of
their group or community. Collective rights
protect indigenous peoples on a collective ba-
sis and allow them to maintain their cultures,
rights of self-determination and survival as
distinct social and cultural groups.
Article 2 affrms that indigenous peoples
are entitled to be treated equally to all other
people and not to be subjected to any form
of discrimination. Indigenous peoples must
be treated with respect and able to exercise
their fundamental human rights, including
those based on their indigenous ancestry or
identity.
Business has a responsibility to respect
all human rights both under the applicable
domestic laws of the countries where they
operate and internationally recognized hu-
man rights. These rights are relevant to all
parts of the business, including: treating all
customers equally regardless of indigenous or
non-indigenous status; ensuring that opera-
tions and business partners do not pollute
indigenous peoples water supplies, affect the
land or impinge upon their traditional way of
life; and respecting and transparently comply-
ing with regulatory processes (e.g., in relation
to environmental approvals). Particular atten-
tion should be paid to the rights of indigenous
women, elders, youth and children, persons
with disabilities and other vulnerable groups,
who may be marginalized within their own
communities as a result of their status.
Articles 1 and 2
Equality and freedom from discrimination
FOUNDATIONAL PRINCIPLES
RELATED STANDARDS INCLUDE:
ILO Convention 169, Article 3 also afrms
that indigenous peoples shall enjoy the full
measure of human rights and fundamental
freedoms without hindrance or discrimination.
Universal Declaration of Human Rights,
Article 7 declares the right of all humans
to be free from discrimination and unjust
treatment.
ICCPR, Articles 20 and 26 establish the
right of all peoples to be free from discrimi-
nation and require States to make laws that
prohibit discrimination and unjust treatment.
International Convention on the Elimi-
nation of All Forms of Racial Discrimi-
nation, Article 5 afrms the right of all
peoples to live free of all forms of racial
discrimination.
Part II: UN Declaration Rights 36
99. For more information on the program and to access examples
of RAPs, see Reconciliation Australia, www.reconciliation.org.au
Suggested practical actions
Respect
Conduct cultural awareness training to
unpack cultural bias, identify unconscious
bias, promote equality, and avoid discrimi-
nation;
Conduct human rights training, explicitly
including the rights of indigenous peoples,
to ensure that employees at all levels
understand the companys commitment
to indigenous peoples rights and how this
is relevant to their particular role. Where
possible, involve indigenous peoples in
developing and delivering the training;
Not entering into agreements with States or
other business partners that violate indig-
enous peoples rights; and
In supplier tender processes, include a re-
quirement that suppliers commit to respect
the rights of indigenous peoples.
Support
Engage in public policy discussions in
support of the human rights of indigenous
peoples to encourage the development of
policies, legislation and regulation that
protect them from discrimination, includ-
ing the possible ratifcation of ILO Conven-
tion 169;
Partner with indigenous organizations
this could involve contributions related
to the companys core business (e.g., the
provision of products, services or expertise),
or be philanthropic;
Publicly commit to specifc, time-bound
actions on indigenous peoples rights, then
track and report progress;
Explore opportunities to involve indig-
enous peoples in the value chain, such as
sourcing from indigenous owned business-
es. Consider joint ventures with indigenous
businesses;
Develop an indigenous employment
strategy, in collaboration with relevant
indigenous peoples, to reduce discrimina-
tion, and promote equal opportunities for
employment and advancement to manage-
rial positions. Business may also enhance
employment prospects within indigenous
communities by supporting small, local
businesses and entrepreneurial ventures
and addressing employment barriers for
indigenous peoples; and
Become a UN Global Compact participant
and therefore commit to respect and sup-
port human rights.
Examples
Reconciliation Action Plans
Reconciliation Australia, a national organiza-
tion that promotes reconciliation between
indigenous and non-indigenous Australians,
developed a voluntary initiative that involves
businesses, NGOs, academic institutions and
government agencies developing Reconcili-
ation Action Plans (or RAPs). RAPs are busi-
ness plans through which these organizations
publicly commit actions in the areas of rela-
tionships, respect and opportunities. Over 300
organizations have so far developed RAPs.
99
Pro bono services, for example legal
advice
Many law frms provide pro bono legal assis-
tance to indigenous peoples and indigenous
organizations in matters related to their
rights. Some law frms have taken this a step
further, to actively promote an understand-
ing in indigenous communities about their
rights and how to access pro bono assistance.
Pro bono legal assistance was instrumental
in the development of this Guide.
Innovation in products
An energy company aware that some in-
digenous persons were being harmed due
to petrol sniffng substances in their stan-
dard fuel removed the substance from their
product sold in the vicinity of indigenous
communities.
Part II: UN Declaration Rights | Foundational Principles
37
Articles 3, 4, 5, 6 and 23
Self-determination, self-governance and nationality
The rights
Indigenous peoples have the right to self-
determination (including in relation to
development), autonomy, and to maintain
their distinct political, legal, economic,
social and cultural institutions. They are also
entitled to a nationality. These rights give
indigenous peoples control over their own
lives and their futures, and their commu-
nitys place in the world, free from outside
coercion. These rights also cover indigenous
peoples freedom to govern their own local
affairs. However, these rights do not exclude
indigenous peoples from participating in the
political, economic, social and cultural life of
their State. Indigenous peoples have the right
to participate in decision-making in matters
that affect their rights, through self-appoint-
ed representatives and in accordance with
their own procedures (Article 18).
The right to self-determination (Article 3)
is a central pillar of the UN Declaration and
is fundamental to the ability of indigenous
peoples to preserve their unique identities
and cultures, and to be in control of their own
lives. The right to self-determination means
that indigenous peoples are free to choose
their political status and how they wish to
pursue their economic, social and cultural
development. They are free to determine how
(and if) to dispose of their lands and natural
resources (discussed in relation to land and
natural resources rights under Articles 2529
and 32 below). Under Article 23, indigenous
peoples are entitled to determine their own
priorities and strategies for their communi-
ties economic, social and cultural develop-
ment in the face of outside development, and
set their own development objectives, the
pace at which their development occurs, and
the degree to which their institutions are
changed. In the case of indigenous peoples liv-
ing in voluntary isolation, the very decision of
living in isolation should be recognized as an
expression of their right of self-determination
and be respected as such.
In exercising their right to self-determi-
nation, the UN Declaration provides that
indigenous peoples have the right to govern
themselves in matters that relate to internal
or local affairs, as well as how to fnance
their autonomous functions (Article 4).
Indigenous peoples have the right to main-
tain and develop their own distinct political,
legal, economic, social and cultural institu-
tions (Article 5), including maintaining and
developing contacts, relations and coopera-
tion with other peoples across borders for
spiritual, cultural, political, economic and
social purposes (Article 36) and to participate
in matters affecting them at an international
level (Article 41).
In many cases, indigenous governance
systems have been subjected to centuries of
external infuence. FPIC cannot be expected
from a community that does not have
adequate decision-making mechanisms
in place, and in such cases, business may
consider supporting communities to enhance
their self-governance structures and build
their negotiating capacities (if this is needed/
desired by the community). Such support
should not affect the actual outcomes of
decision-making processes, and may need to
engage independent third parties.
Indigenous peoples also have the right to
a nationality (Article 6), which protects their
ability to be recognized both as a member of
their indigenous community and as a citizen
of his or her State. As citizens, indigenous
peoples must be afforded the same rights as
all other citizens, including, for example, the
right to vote and access to basic services and
education. Indigenous peoples must not be
discriminated against in any way for exercis-
ing their right to be a member of an indig-
enous community or nation (Article 9).
Part II: UN Declaration Rights 38
Business is at risk of infringing upon
these rights if they undertake activities that
adversely affect indigenous peoples, their
lands or the exercise or enjoyment of their
rights without frst properly consulting
with the community (and, where required,
obtaining their FPIC). Business cannot force
development on indigenous peoples. As
stated in the Global Compact Human Rights
and Business Dilemmas Forum:
100
Corporate-led development initiatives require
careful consideration because in some settings,
it may not be appropriate to intercede with the
aim of modernizing the local economic dynam-
ics thereby potentially undermining local social
cohesion. In addition, formulating a development
plan that makes the targeted indigenous group
too dependent upon the presence of the business
will result in dissention upon the departure from
the area.
As a result of privatization, business is in-
creasingly contracted to provide basic servic-
es on behalf of State bodies in the countries
where they operate. At a minimum, business
should ensure that their action or inaction
and business relationships do not cause or
contribute to adverse impacts on indigenous
peoples access to these services.
Suggested practical actions
Respect
Consult with indigenous peoples in rela-
tion to any proposed development-related
activities (including the funding of com-
munity programmes) to ensure alignment
with their own priorities and strategies for
development;
Understand and respect the perspectives
and objectives of the relevant indigenous
peoples, their governance structures, cus-
toms, laws and dispute resolution practices,
even when regional and national govern-
ments have not done so. Ensure business
operations are legal under both formal and
indigenous governance structures;
Do not interfere in indigenous governance
and decision-making processes during con-
sultations through bribery or persuasion of
politically powerful groups or individuals,
or by providing favours to individual indig-
enous communities that would pit them
against each other; and
Recognize and respect a groups legitimate
self-identifcation as indigenous, even if the
government does not provide the commu-
nity the same recognition.
Support
Establish development plans in collabora-
tion with indigenous peoples under which
the indigenous peoples themselves make
the decisions as to what economic, social
and cultural development will be undertak-
en with the companys contribution (e.g.,
monetary or physical resources, practical
guidance or other support). Development
plans should consider how projects or
services may become self-suffcient if and
when the business ends its operations;
Encourage and provide support for indig-
enous peoples to gain independent legal,
environmental, business and other advice,
to inform their decisions;
Encourage consultation with non-indige-
nous and other local indigenous communi-
ties regarding desired social and economic
development to support strong relation-
RELATED STANDARDS INCLUDE:
ILO Convention 169, Article 7 enshrines
the right of indigenous peoples to decide
their own priorities for the process of
development as it affects their lives, beliefs,
institutions and spiritual well-being and the
lands they occupy or otherwise use, and
to exercise control, to the extent possible,
over their own economic, social and cultural
development.
UDHR, Article 15 afrms the right of all
people to a nationality and protection from
being deprived of that nationality.
ICCPR and ICESCR, Article 1 states that
all peoples have the right to self-determi-
nation and to freely determine their political
status and freely pursue their economic,
social and cultural development.
100. UN Global Compact, Human Rights and Business Dilemmas
Forum Indigenous Peoples, http://human-rights.unglobalcom-
pact.org/dilemmas/indigenous-peoples/
101. A/HRC/24/41., para 74-77.
Part II: UN Declaration Rights | Foundational Principles
39
ships, identify collaboration opportuni-
ties and develop a positive legacy for the
broader area;
Engage in public policy advocacy to pro-
mote legitimacy of indigenous governance
systems to regional and national govern-
ments; and
In extractive industries, consider beneft-
sharing arrangements with indigenous
peoples where they are genuine partners in
development projects, both participating in
project decision-making and benefting as
such.
101
Examples
Indigenous agency in community
services
A national petroleum company helped to
fund the expansion of a health clinic, which
was founded and run by an indigenous group,
empowering the indigenous community to
administer its own community services.
Responsible nancing
Five Dutch banks that help fund the palm
oil industry in Southeast Asia have agreed
to provide fnance in ways that respect the
rights and wishes of indigenous communities
affected by oil palm planting. Specifcally,
the banks have agreed to avoid fnancing
projects that would result in the clearing of
forests with high conservation values.
Community development plan
An extractives company in Russia developed
a plan that formalizes a partnership with
local indigenous peoples and focuses on the
development of their communities. Under
the plan, the company provides fnancial
investment and the indigenous community
decides, with assistance and expertise from
experts, which projects to implement. Since
its implementation, the partnership has
created over 400 projects relating to tradi-
tional economic activities, capacity-building,
education, healthcare and cultural heritage,
including the preservation of indigenous
culture and languages.
Involvement in policy development
A global energy company developed a policy
on relations with indigenous communities.
The consultation process for this policy in-
cluded joint workshops on community-corpo-
rate relationships, the creation of a working
group involving stakeholders and representa-
tives of the community, and fnal approval
by the members of the indigenous groups.
Support for Indigenous
self-governance
A global energy company allocated USD
200,000 to support self-governance projects
in indigenous communities throughout the
Americas. This enabled the business to com-
municate more effciently and clearly with
the communities.
Respect for IPVIs decision to live in
isolation
A global energy company decided not to
operate in a reserve for indigenous peoples
living in isolation in Peru despite acquiring
a license to operate in the area by national
authorities.
A carving of Tinirau, the son
of Tangaroa the deity of the
oceans in Maori culture. Tinirau is
best known for the friendship he
shared with a great whale.
Part II: UN Declaration Rights 40
The right
Article 7 protects the following individual
and collective rights of indigenous peoples:
to live in freedom and to be protected from
degrading treatment, violence and any other
acts that could cause mental or physical
harm; and to live as a distinct group, free
from any form of forced assimilation, includ-
ing the removal of children.
Relevant to these rights are the rights to
be free from forced labour and child labour.
In some areas and sectors (such as agriculture
and forestry), indigenous peoples are particu-
larly vulnerable to forced or child labour.
102
In-
digenous peoples are also often more vulner-
able to traffcking, including sex traffcking.
Businesses could fnd themselves com-
plicit in abuses of these rights through their
relationships (contractual or otherwise)
with States, other businesses or parties that
are infringing upon such rights, including
security forces, security companies or armed
groups. Businesses should ensure that they
do not cause or contribute to any physical
risks to the relevant indigenous peoples.
Unfortunately, there have been a number of
instances in which indigenous peoples living
near mining sites have been beaten or killed
by mine workers or security personnel em-
ployed by or linked to protect the mine. Busi-
nesses could also contribute to a violation of
these rights by detaining and then handing
to authorities indigenous peoples who they
think have broken the law (e.g., trespass,
property damage), where those authorities
are known to mistreat indigenous peoples or
detainees generally.
103
Article 7
Life, liberty and security
LIFE, LIBERTY, SECURITY AND
CULTURAL INTEGRITY
RELATED STANDARDS INCLUDE:
ILO Convention 182 on worst forms of
child labour and ILO Convention 29 on
forced labour provide for specic guaran-
tees against child and forced labour.
ILO Convention 169 on Indigenous and
Tribal Peoples, Article 4 promotes special
measures for safeguarding the persons,
institutions, property, labour, cultures and
environment of indigenous peoples.
UDHR, Article 3 recognizes the right of all
people to life, liberty and security of person.
ICCPR, Article 9 recognizes the right to
life, liberty and security of person, as well as
protection from arbitrary arrest or detention.
Voluntary Principles on Security and
Human Rights recognizes the right to
security and respect for human rights in the
context of company operations.
Indigenous women and
children are particularly
vulnerable to violence and
forced labour. Give particular
consideration to any risks
that business activities pose
to their rights to freedom and
safety.
102. International Labour Organization, 2011, Report of the Com-
mittee of Experts on the Application of Conventions and Recom-
mendations, http://www.ilo.org/wcmsp5/groups/public/---ed_norm/--
-relconf/documents/meetingdocument/wcms_151556.pdf
103. International Council on Mining and Metals, 2012, Integrating
human rights due diligence into corporate risk management pro-
cesses, http://wp.cedha.net/wp-content/uploads/2012/06/Integrating-
human-rights-due-diligence.pdf
104. For guidance on applying human rights expectations and other
sustainability principles throughout the supply chain, see UN Glob-
al Compact and BSR, 2010, Supply Chain Sustainability: A Practical
Guide for Continuous Improvement, http://www.unglobalcompact.
org/docs/issues_doc/supply_chain/SupplyChainRep_spread.pdf
Part II: UN Declaration Rights | Life, Liberty, Security and Cultural Integrity
41
Suggested practical actions
Respect
Communicate policy commitment to busi-
ness partners, and require that the latter,
including key suppliers, comply with
the business indigenous peoples rights
policy and respect such rights by establish-
ing expectations, engaging with business
partners and monitoring and evaluating
performance;
104
Require compliance by suppliers and
contract workers with international human
rights and labour standards, including poli-
cies against child labour and human traf-
fcking, as part of the business relationship;
If a business or its partner employs security
personnel, or if the State requires the use
of its armed forces for security, it should
ensure that security personnel observe
all relevant international human rights
standards and not threaten or intimidate
indigenous peoples;
Train security staff to respect human rights,
protect all vulnerable groups (including
women and children), and establish and
enforce strict rules against physical punish-
ment or abuse;
Work with indigenous peoples regard-
ing land access and other arrangements
to reduce the likelihood of incidences of
trespass and, as such, the need for security
interactions. Some examples include the
following: build a safe walkthrough at a
site to allow indigenous peoples to travel
easily through their communities; work
with indigenous leaders to identify activi-
ties that could lead to confict between the
community and security personnel e.g.,
entry onto project sites and ways to min-
imize the likelihood of such interactions;
or, in remote, environmentally sensitive
areas, business should consider employing
road-less operations in order to limit the
incursion of outside people and companies
into the lands of indigenous peoples;
When operating in confict-affected ter-
ritories, business should ensure heightened
due diligence processes and treat risks of
gross human rights abuses as legal compli-
ance issues; and
Where a State does not respect indigenous
peoples rights to life, liberty and security,
if possible, do not conduct operations
there, and make it known to the State the
reasons for not doing so. If the business
proceeds, it should make its views known
to the State regarding human rights viola-
tions and work with the relevant indig-
enous peoples and the State to improve
conditions.
Support
Consider extending health programmes
provided to employees to other members
of local indigenous communities who may
not otherwise have health services;
When operating in confict territories, en-
sure operations do not directly or indirectly
agitate tensions related to wider socio-polit-
ical issues; and
Support NGOs and governmental or collec-
tive initiatives related to land monitoring
and protection and vigilance.
Examples
Indigenous-owned security rm
An indigenous-owned security frm pro-
vides services to a number of organizations,
including security training and background
checks on people working with indigenous
children.
Cessation of talks to protect security
of indigenous peoples
A multinational petroleum company engaged
in talks with a regional indigenous govern-
ment in relation to drilling in their territory.
The central government of the relevant coun-
try, which does not recognize the legitimacy
of the regional government, was angered
by the talks, and so the company halted the
talks so as not to jeopardize the safety of the
regional community by encouraging further
feuds between the two groups.
Part II: UN Declaration Rights 42
The rights
Just as modern States have established crite-
ria for citizenship, indigenous peoples often
have long established criteria for member-
ship in their communities. Article 9 recog-
nizes the right of an indigenous person to
belong to an indigenous community, clan,
tribe, nation or group, in accordance with
that communitys or groups traditions and
customs. Article 33 is related and affrms
the right of indigenous peoples to determine
their own identity or group membership in
accordance with their customs and tradi-
tions. These Articles also implicitly recognize
a collective right for indigenous peoples to
maintain and determine the membership of
their own communities.
Business should not only recognize the
identity of the indigenous peoples with whom
they interact or who their activities could
impact, but also ensure that any interactions
respect the community structures and institu-
tions in place. Appropriate due diligence in
relation to a business actions effect on the
various indigenous identity groups in the area
can facilitate meaningful engagement, mu-
tual positive outcomes and uniform impact
on each group. Business will infringe upon
this right if they support the establishment
of illegitimate indigenous organizations or
groups in order to construct consent.
Suggested practical actions
Respect
Learn about both traditional and current
local social structures to ensure that the
business is engaging appropriately with
indigenous peoples. Traditional social
structures or norms in an indigenous com-
munity may have been affected by colo-
nization, development or other external
infuences e.g., the spread of missionar-
ies in some areas has led to patriarchal
social structures where traditionally there
was joint decision-making. A business may
inadvertently seek support for its activities
through the wrong channels if it does not
have a clear understanding of a commu-
nitys social and governance structures, and
thereby risks inadvertently supporting the
embedding of illegitimate structures;
Ensure that indigenous employees are not
prevented from affrming their identity in
the workplace. Human resource policies
should have suffcient fexibility to allow in-
digenous employees absences from work to
attend traditional ceremonies, rites, etc; and
Ensure that the infux of outside popula-
tions (including business employees and
contractors) does not disrupt the identity
or ways of life of local indigenous peoples,
or diminish the infuence of indigenous
peoples in their communities.
Articles 9 and 33
Identity and group membership
RELATED STANDARDS INCLUDE:
ILO Convention 169, Articles 2, 7, 8 and
9 provide for the protection of indigenous
institutions and customs that preserve col-
lective identity.
ICCPR, Article 27 establishes the right
of all communities and individuals to freely
enjoy their culture, practice their religion and
speak their language.
ICESCR, Article 15 provides the right of
everyone to take part in cultural life. See
also CESCR General Comment 21
Part II: UN Declaration Rights | Life, Liberty, Security and Cultural Integrity
43
Support
Conduct cultural awareness training for
employees (involve indigenous peoples in
developing and facilitating the training);
Establish mentoring or social groups in the
workplace to support and promote indig-
enous identity; and
Fund or otherwise support indigenous proj-
ects related to community and institutional
empowerment, as well as activities that
reinforce traditional governance activities
(e.g., meetings, assemblies) and structures
(e.g., councils of elder or chiefs).
Examples
Support for shared traditions
A mining company works to protect the
ancestral traditions of the indigenous peoples
located near one of its mines by supporting
artisanal crafts workshops and the commu-
nity's creation of a book which recounts its
shared traditions and emphasizes its collec-
tive identity. Businesses planning a similar
undertaking should be aware of the potential
preference for privacy among an indigenous
community, and frst ensure that the com-
munity desires such memorialization and
publication of its traditions.
Two members
of the Quileute
Nation displaying
the intricate
patterns of their
button blankets,
during the
Qatuwas Festival
of the indigenous
nations of the
Pacic Rim.
Part II: UN Declaration Rights 44
The right
Indigenous peoples have been involuntarily
removed and relocated, sometimes violently,
from their lands and territories to make way
for development projects, many of which in-
volve the private sector (e.g., exploration, min-
ing or other extractives projects, agriculture,
forestry projects and infrastructure develop-
ment). Removal of indigenous peoples from
their land threatens their physical survival, as
well as the survival of their economic struc-
tures, cultures and religions. Considering
the strong relationship that frequently exists
between indigenous peoples and their lands
and natural environments, this is among the
most severe and irremediable violations of the
rights of indigenous peoples.
Article 10 of the UN Declaration requires
that indigenous peoples not be forcibly
removed from their lands or territories
under any circumstances, and that the
free, prior and informed consent (FPIC) of
the indigenous peoples concerned must be
obtained before any relocation takes place
(see discussion of FPIC in Part I). Likewise,
compensation for removal or relocation does
not supersede FPIC; compensation can only
be discussed after FPIC requirements have
been followed. Implicit in this right is the
notion that fully informed, meaningful and
non-coercive negotiations will take place
between indigenous peoples and the business
or government involved.
Article 10 also provides that indigenous
peoples not be relocated without prior agree-
ment on just and fair compensation (as
determined by the indigenous peoples in
consultation with the business and/or govern-
ment entity involved) for any such reloca-
tion. Due to the close relationship between
indigenous peoples culture and their land, a
business is more likely to obtain FPIC for relo-
cation if their compensation schemes account
for social and cultural cohesion. For example,
hunter/gatherer communities should be relo-
cated to lands with equal or greater access to
their traditional subsistence foods.
Finally, Article 10 requires that, where
possible, indigenous peoples being relocated
should be given the option of returning to
their lands or territories.
To respect and support the rights in
Article 10, business should ensure that they
do not cause or contribute to the involuntary
removal or relocation of indigenous peoples
(including by State actors and other business
partners and relationships which may be
motivated to drive projects forward without
regard for human rights). For example, the
illegal seizure of indigenous lands for large-
scale agriculture and other development
projects, especially in Africa, is a growing
Article 10
Removal and relocation
RELATED STANDARDS INCLUDE:
ILO Convention 169, Article 16 enshrines
the right of indigenous peoples not to be
removed from the lands that they occupy as
the principle. Where relocation or removal
of these peoples is considered necessary
as an exceptional measure, such relocation
or removal shall take place only with their
free and informed consent. The Convention
allows for removal without consent in excep-
tional circumstances following appropriate
procedures established by national laws and
regulations. Where removal or relocation
is being considered, business enterprises
should comply with the more stringent
requirements in UN Declaration, Article 10,
including in relation to obtaining FPIC.
106
IFC Performance Standard 7 on Indig-
enous Peoples requires that borrowers
obtain free, prior and informed consent from
indigenous peoples prior to any relocation
from lands and natural resources subject to
traditional ownership and under customary
use.
Part II: UN Declaration Rights | Life, Liberty, Security and Cultural Integrity
45
concern.
105
Business should recognize indig-
enous peoples rights to the lands or ter-
ritories they use or inhabit even when such
rights are not protected by national law.
The displacement of indigenous peoples
includes instances where a community is
forced to relocate because a business opera-
tion has left them unable to subsist on the
land. In such instances, business should
ensure that this displacement and relocation
occurs only after the FPIC from indigenous
peoples is obtained.
Suggested practical actions
Respect
As part of the due diligence process,
actively seek alternative approaches to the
project that do not require the removal or
relocation of indigenous peoples. Any alter-
native approach must also be assessed for
actual and potential impacts on indigenous
peoples rights. This assessment process
should consider alternative measures to
protect the waters, forests and wildlife
on which indigenous peoples traditional
livelihoods depend, in consultation with
indigenous peoples. If these resources are
harmed, indigenous peoples may be forced
to relocate. Only proceed with voluntary re-
moval or relocation of indigenous peoples
as a last resort. If the removal or relocation
is considered unavoidable, ensure that in-
digenous peoples free, prior and informed
consent (including in relation to the act of
removal or relocation, the terms and pace
of the relocation and the compensation
to be awarded to the affected peoples) has
been obtained, in accordance with the UN
Declaration;
Consider negotiating beneft-sharing and
other equity based agreements rather
than lump sum payments so that indig-
enous peoples are properly compensated.
Compensation should be paid both for
the fnancial and non-fnancial impacts
of relocation (for example, loss of culture
and access to sacred sites). In relation to
the cultural impacts of relocation, busi-
ness should consider providing community
compensation in additional to individual
compensation; and
Collaborate with the government to ensure
that FPIC is being obtained wherever a
project might result in the relocation of
indigenous peoples. Consider limiting
operations where States do not follow FPIC
guidance in connection with the relocation
of indigenous peoples.
Support
Support indigenous peoples (either directly
or through partnerships with local indig-
enous organizations) access to independent
legal and technical experts. This will allow
them to obtain advice regarding their
rights, the social and economic consequenc-
es of relocation, and the value of their land
and its resources; and
Partner with or support indigenous peoples
organizations that promote governmental
and corporate respect for indigenous land
rights, the associated requirements of FPIC,
agreement on compensation prior to reloca-
tion, and the right of return. Support may
also be provided to organizations that help
educate indigenous communities about FPIC
and help develop protocols for FPIC-based
interactions with businesses.
Examples
Taking on Additional Responsibility
A mining company operating in West Africa
discovered that its gold extraction activities
would endanger the viability of three local
villages. The company was not confdent
that its government Joint Venture partner
would conduct relocation in accordance with
international standards so it took on greater
responsibility to partner with the govern-
ment and actively participated in all aspects
of resettling the villages. The company faced
various challenges in the course of the re-
settlements, but its practice of open commu-
nication and continued consultation brought
about a resettlement design that was consis-
tent with international human rights norms,
and managed to preserve the traditions and
culture of the local population.
105. Land Rights and the Rush for Land. The International Land
Coalition. 2012., p. 23 http://www.landcoalition.org/sites/default/
fles/publication/1205/ILC%20GSR%20report_ENG.pdf
106. International Law Association, 2010, Report of the Hague
Conference (2010): Rights of Indigenous Peoples, http://www.ila-hq.
org/en/committees/index.cfm/cid/1024
Part II: UN Declaration Rights 46
The rights
Articles 8, 11, 12, 13 and 15 establish rights
relating to indigenous peoples cultures
i.e., rights to control and protect heritage,
way of life and legacies which are funda-
mental to achieving cultural self-determina-
tion. These Articles also set out certain State
obligations that, while not directly binding
on the private sector, can guide a business
engaged with or conducting activities that
could impact indigenous peoples, especially
for business working with a State.
Article 8 contains the right of indigenous
peoples not to be subjected to forced as-
similation or cultural destruction. Forced
assimilation can result from the involuntary
relocation of indigenous peoples or from
unwelcome infuxes of other people, outside
cultures and norms into indigenous commu-
nities and areas traditionally owned or used
by indigenous peoples. Forced assimilation
includes acts of identity deprivation, dispos-
session of land and resources, displacement
and negative propaganda. Loss of language,
tradition, religion and knowledge are by-
products of forced assimilation. Article 8
requires States to provide mechanisms to
prevent and redress forced assimilation.
Business operating in regions with indig-
enous peoples must ensure that they do not
take any actions that could cause, contrib-
ute to or encourage forced assimilation or
cultural destruction (and should also ensure
that business partners, including State ac-
tors, do not take any such actions that relate
to the business operations or areas on which
they conduct activities). Business is encour-
aged to look for opportunities to proactively
support indigenous peoples in their efforts to
preserve their cultures.
Article 11 deals with indigenous peoples
right to practice and revitalize their cultural
traditions and customs, including manifes-
tations of their cultures such as important
places, signifcant objects and intellectual
property of various forms. Under this Ar-
ticle, States must provide redress through
effective mechanisms, including restitution.
Business could fnd themselves in situations
where their activities have adversely relevant
indigenous peoples cultural, intellectual,
religious and spiritual property rights, and
in such cases appropriate redress should be
determined in consultation with the impacted
peoples and in accordance with the principles
of remediation outlined in Part I of this Guide.
Article 12 sets out indigenous peoples
rights to their spiritual traditions, including
the right to practice and teach their religions
as they see ft, to access their sacred places
and to take possession of their ancestors re-
mains. This Article requires States to consult
with indigenous peoples as appropriate to
arrange for the repatriation of ceremonial
objects and human remains. In circum-
stances where they are causing or contrib-
uting to impacts on traditional indigenous
lands, business could also fnd themselves in
possession of indigenous property, in which
case they should conduct similar processes to
return it to its indigenous owners.
Articles 8, 11, 12, 13 and 15
Maintenance and dignity of culture, language
and spirituality
CULTURE, LANGUAGE, SPIRITUALITY
107. Quoted in Driscoll, Lisa, 1993, Tribal Courts: New Mexicos
Third Judiciary, 32 N.M.B. Bulletin, 18 February 1993
If we do not understand
each other, if we do not
know the culture or the
history of each other, it is
diffcult to see the value
and dignity of each other
societies.
Chief Justice Yazzie of the
Navajo Nation Supreme Court
107

Part II: UN Declaration Rights | Culture, Language, Spirituality
47
Article 13 focuses on indigenous peoples
rights to maintain their languages (in writ-
ten and spoken form), which are important
manifestations of their culture. Under this
Article, States must ensure that indigenous
peoples can use their own languages to
understand and be understood in politi-
cal, legal and administrative proceedings;
business should also ensure that in all of
its dealings with indigenous peoples, the
indigenous peoples are able to communicate
in their own languages if they wish, which
may be facilitated by providing interpreta-
tive assistance.
Discrimination and other injustices
against indigenous peoples are often based
on prejudices and misconceptions, includ-
ing in relation to their cultures, traditions,
histories and aspirations. Article 15 aims to
address discrimination and intolerance by
affrming the right of indigenous peoples to
the dignity and diversity of their cultures,
traditions, histories and aspirations, and
to have these accurately and appropriately
refected in educational curriculums and
public information. Furthermore, States
are required under Article 15 to work with
indigenous peoples to not only combat
prejudice and discrimination, but to also ac-
tively develop tools that promote tolerance,
understanding, and good relations among
indigenous peoples and all other segments of
society.
Business will build signifcant trust with
indigenous peoples by respecting these rights
and ensuring that any communication that
relates to or refers to indigenous peoples is
accurate, informed and respects indigenous
peoples cultures and cultural diversity.
Businesses also have an opportunity to pro-
mote understanding and relations between
indigenous and non-indigenous peoples by
taking steps to create positive awareness of
indigenous cultures and cultural diversity.
detainees generally.
Suggested practical actions
Respect
As part of the due diligence process, ensure
that projects and business partners do
not cause, contribute to or encourage the
forced assimilation of indigenous peoples,
including by State bodies prior to the busi-
ness arriving on site. Risk factors to look for
include projects on land that is or has been
occupied or used by indigenous peoples,
where they are no longer present or will
need to move from the land;
RELATED STANDARDS INCLUDE:
UDHR, Article 27 sets out the right of all people to participate in the cultural life of the community and
to preserve customs and cultural diversity.
ILO Convention 169, Article 2 promotes the full realization of the social, economic and cultural rights
of indigenous peoples with respect for their social and cultural identity, their customs and traditions and
their institutions.
ICCPR, Articles 18 and 27 protect freedom of thought, conscience and religion, and the right of
minority groups to enjoy their own culture, to profess and practice their own religion, or to use their own
language.
ICESCR, Article 15 recognizes the right of everyone to take part in cultural life and to practice his or
her own religion.
UNESCO Convention concerning the Protection of the World Cultural and Natural Heri-
tage, Convention on the Protection and Promotion of the Diversity of Cultural Expressions,
Convention for the Safeguarding of the Intangible Cultural Heritage and Convention on the
Protection of the Underwater Cultural Heritage all contain provisions relating to the protection of
cultural heritage.
Part II: UN Declaration Rights 48
Conduct cultural impact assessments to
identify actual or potential adverse impacts
on indigenous culture;
Ensure communications between the
business and indigenous peoples are in a
language and medium that the indigenous
peoples understand;
Ensure that the business does not appropri-
ate cultural or religious symbols for com-
mercial purposes or use cultural depictions
in an offensive manner. A business should
also not use for commercial purposes
stereotypical images or names that are of-
fensive to indigenous peoples. A business
should obtain consent before using sacred
indigenous symbols or the names of indig-
enous peoples or their past leaders;
Ensure the business does not make use
of or beneft from the sale of cultural or
religious symbols or artefacts for fnancial
gain or make use of certain items that the
relevant indigenous group deems offensive;
Provide appropriate venues and allow
adequate time for the indigenous peoples
with whom the business is involved
(including employees) to practice their
religious customs and traditions, includ-
ing both private religious expressions and
public ceremonies;
Partner with local indigenous peoples to
understand their cultures and to ensure
that any project description, press release
or statement from the business does not
depict or describe the community in a
derogatory or discriminatory manner, in-
fringe upon their right to dignity, and also
respects their culture, tradition, history and
aspirations;
Partner with local indigenous peoples in or-
der to avoid business operations that harm
sacred places they deem vital to their cul-
ture and the observation of their religion
and spiritual practices. Consider using the
CBDs Akw: Kon Voluntary Guidelines;
108
Develop a process for seeking consent
regarding the use of photographs and video
footage of indigenous peoples; give par-
ticular consideration to the use of images
of indigenous persons who are deceased,
which is a sensitive issue in some indig-
enous cultures;
Ensure that the infux of outside popula-
tions (including business employees and
contractors) does not disrupt the culture,
language and spirituality of local indig-
enous peoples, or diminish the infuence of
indigenous peoples in their communities.
For example, business could consider oper-
ating closed project sites where non-local
workers are required to remain so that
they do not impinge on indigenous lands.
This should be done in a way that respects
all workers rights. As mentioned in the
discussion of Article 7, road-less operations
may be necessary to prevent the infux of
outside populations;
Develop a process to appropriately man-
age instances where an indigenous person
may pass away on site (particularly relevant
for fy-in, fy-out mining operations and
similar businesses). Such situations must be
managed with dignity and due regard for
local indigenous culture;
Refrain from taking or using sacred ob-
jects or making them available to others
(whether or not the ownership is clear or
muddied) through such means as reselling
or gifting; and
Where business have caused or contrib-
uted to socio-cultural and environmental
damage, consult with indigenous peoples
to remediate these impacts (e.g., by restor-
ing damaged cultural sites or vegetating
disturbed areas).
Support
Conduct cultural awareness training for
employees (involve indigenous peoples in
developing and facilitating the training).
Organize events to celebrate indigenous
culture. Ensure that these events are not
tokenistic; they must be of a type and in
suffcient duration to provide real insights
into the relevant indigenous cultures.
Senior managers, decision-makers, and
other specifc employees may require more
intensive training;
Support projects that celebrate and pre-
serve indigenous cultural customs (e.g., the
documentation and recording of a tradi-
tional language);
Enable employees to practice their religion
(for example, through the provision of out-
108. Akw: Kon Voluntary Guidelines for the Conduct of Cultural,
Environmental and Social Impact Assessments Regarding Develop-
ments Proposed to Take Place on, or which are Likely to Impact
on, Sacred Sites and on Lands and Waters Traditionally Occupied
or Used by Indigenous and Local Communities, Secretariat of the
Convention on Biological Diversity. 2004. http://www.cbd.int/doc/
publications/akwe-brochure-en.pdf
Part II: UN Declaration Rights | Culture, Language, Spirituality
49
door space or fexibility of leave to enable
participation in rituals or other spiritual
activities);
Consider how to incorporate indigenous
styles of learning and knowledge to
strengthen business practice/approaches;
Provide fnancial or other support to indig-
enous organizations involved in the preser-
vation of indigenous traditional knowledge
and cultural heritage; and
Encourage displays of indigenous fags and/
or other cultural identifers in the work-
place where appropriate. Contributions
should be made to support the local culture
in accordance with international standards.
Such contributions should not be merely f-
nancial but can vary according to the needs
of the indigenous peoples concerned.
Examples
Translation of important communi-
cations into local languages
An extractives company provided fnancial
and other support for the translation of the
UN Declaration into the language of local
indigenous peoples. Translation of important
documents and communications into indig-
enous languages supports the survival not
only of those languages, but of the related
indigenous cultures, and can also support
broader rights by ensuring that indigenous
peoples fully understand the content of
communications relevant to them. In this
case, the translation helped the indigenous
peoples to understand their rights.
Cultural awareness training
Many companies who have operations in
countries with indigenous peoples conduct
cultural awareness training for their employ-
ees (often developed and run by indigenous
peoples themselves). Such training promotes
cultural awareness and understanding in
both the workplace and broader community,
which promotes indigenous peoples rights
more broadly. It is best practice to engage
indigenous peoples to develop and run the
training themselves. Not only does this give
the training additional validity, but it can also
support indigenous economic empowerment.
Tourism industry
In conjunction with indigenous peoples, a ho-
tel chain developed information for guests on
local indigenous culture and heritage, which
is made available in hotel lobbies and rooms.
The information includes promotion of local
indigenous tourism operators. The hotel also
supports and promotes indigenous artists by
purchasing and displaying indigenous art.
Employee and community cultural
awareness
An international mining company ran a
workshop for its employees and the com-
munity in order to engage them in dialogue
about the rights of indigenous peoples and
to foster cross-cultural collaboration. The
training involved information and activities
designed to promote understanding of sacred
land, kinship and the history of indigenous
peoples in the region.
No investment in companies
violating rights
A global investment frm has pledged to
avoid investing in companies that repeatedly
engage in practices violating the rights of
indigenous peoples. The frm also promotes
a culture of tolerance by dialoguing with
companies that manufacture or market
products with labels and images offensive to
indigenous peoples and their culture.
Welcome to Country
In Australia, it is common to conduct Wel-
come to Country and Acknowledgement of
Country ceremonies at appropriate events,
which acknowledge the traditional owners
of the land on which the event takes place. A
number of businesses have developed proto-
cols for such ceremonies.
Part II: UN Declaration Rights 50
The right
It is an unfortunate reality that in many ar-
eas, the education of indigenous peoples falls
far short of that of non-indigenous peoples.
This results from a number of factors,
including social marginalization, remote
geographic location and unique family and
legal situations.
Article 14 seeks to address this by affrm-
ing indigenous peoples right to establish
and control their own educational systems
and institutions, and to provide education in
their own language and in a manner appro-
priate to their culture. Indigenous peoples
also have the right to access State education
without discrimination. States are required
to take effective measures to ensure that
indigenous peoples have access, when pos-
sible, to education in their own culture and
language.
Business can promote the rights in Article
14 by supporting culturally-appropriate
educational opportunities for indigenous
children and adults.
Suggested practical actions
Respect
As part of the due diligence or impact
assessment process, ensure that company
activities do not limit indigenous peoples
access to educational facilities. For exam-
ple, heavy construction, infrastructure or
other projects that cause signifcant physi-
cal disruption have the potential to limit
access to educational facilities. In such
cases, engage with the indigenous peoples
concerned in order to determine how best
to ensure continued access to schools and
education facilities.
Article 14
Education
EDUCATION, INFORMATION AND
EMPLOYMENT
RELATED STANDARDS INCLUDE:
UDHR, Article 6 establishes the right of
all people to an education, including access
to elementary, technical, professional and
higher education.
ILO Convention 169, Part VI on Educa-
tion and Means of Communication in-
cludes provisions on education programmes
and services implemented in cooperation
with indigenous peoples. The Convention
also species in Articles 27, 28 and 29, the
right of indigenous peoples to educate their
children in their native language and about
community customs.
ICCPR, Article 18 sets out the right of
guardians and communities to educate their
children according to their own values and
belief systems.
ICESCR, Article 13 states that all people
have the right to a free and comprehensive
education that promotes understanding,
tolerance and friendship among all nations
and all racial, ethnic or religious groups.
Part II: UN Declaration Rights | Education, Information and Employment
51
Support
Support educational institutions to develop
curriculums enabling local indigenous
youth to acquire skills that lead to future
employment with the business (or other
opportunities) while still maintaining
knowledge of their community's culture
(for example, in relation to traditional
conservation, land and natural resource
management and other culturally relative
and valuable activities). Consider encourag-
ing indigenous employees to share their
experiences as an employee with indig-
enous classrooms. Also, consider providing
internships or other pre-employment initia-
tives for indigenous peoples;
Support and empower indigenous employ-
ees (short and long term) to gain further
education to enhance their opportunities
for future employment. Targeted initiatives
(for example, scholarships) may assist in
redressing historical inequality in access;
Partner with indigenous organizations
and companies with the goal of sharing
knowledgee.g., through the second-
ment of employees (mutual secondments
could also be considered) and employment
pathways;
Partner with or support indigenous peoples
strategies, including public policy advocacy,
to protect and promote indigenous peoples
right to education, as well as their right to
culturally and linguistically sensitive educa-
tion as part of the business social respon-
sibility programmes. In cases that merit,
provide the necessary tools for infuencing
public policy for better access to education
of indigenous communities; and
Support initiatives of indigenous peoples
or their partner organizations involving
training indigenous traditional researchers,
increasing cultural documentation, and de-
veloping the amount and quality of books,
magazines, videos and other educational
tools with traditional cultural content.
Examples
Funding for higher education
A gold mining company signed a collaborative agreement with a number
of indigenous peoples to establish a fund to assist members of the tribes to
access higher education. The fund is linked directly to the revenues of the
local mine.
Culturally and linguistically sensitive education
A food company partnered with a civil society organization to develop a
programme to provide bilingual and bicultural education to children in in-
digenous communities from which it sourced ingredients. The programme
places particular emphasis on girls education and bilingual instruction.
Support for the education of
indigenous children and adults
A retail corporation, which owns several major department stores, part-
nered with a local non-proft to support education for under-resourced
children in the community, many of who are indigenous or of indigenous
descent. The company participated in adult literacy programmes and do-
nated to the cause in order to reduce poverty and illiteracy in the region.
Support for indigenous languages and culture
An extractive company in Russia helped the local indigenous population
publish an alphabet book for their language, as well as a series of other
books, including fairy tales for children, myths and folk songs in the
indigenous language and a dictionary resource to facilitate translations
between the local indigenous language and Russian.
Children laugh while walking home from school, in an indigenous community in Bac Han District in Lao
Cai Province, Vietnam. The children attend a school which includes classes taught in the childrens
indigenous language.
Part II: UN Declaration Rights 52
The right
Article 16 provides that indigenous peoples
have the right to establish their own media
in their own languages, while retaining
access to all forms of non-indigenous media
without discrimination. The Article also
requires States to take effective measures
to ensure that State-owned media refects
indigenous cultural diversity, and encourage
privately-owned media to refect the same.
Media is a powerful political tool in soci-
ety. Indigenous peoples ability to fully access
and participate in existing media channels
as well as establish and control their own
media channels is crucial to supporting
the exercise and enjoyment of their funda-
mental human rights, including freedom
of expression, self-determination and right
to information.
109
Media provides a chan-
nel for indigenous peoples to accomplish,
among other things, the following: challenge
discrimination and existing stereotypes and
narratives about their lives; tell their stories
in their own way; promote awareness of
health issues affecting their communities;
publicize contraventions of their rights;
and infuence broader political, economic,
cultural and social agendas that have often
marginalized indigenous voices.
Business, especially those in the media
industry, should consider what action they
can take to respect and support indigenous
peoples access to media and right to produce
their own media.
Suggested practical actions
Respect
Media companies should ensure that their
content fully refects the cultural diversity,
and avoids stereotypes, of indigenous peo-
ples (indigenous peoples should be actively
involved in developing such content) and
should consider providing communication
in indigenous peoples own languages;
Media channels should ensure that their
content is not discriminatory or racist;
indigenous voices should be included when
indigenous issues are discussed;
Develop a process regarding the use of pho-
tographs and video footage of indigenous
peoples (give particular consideration to
the use of images of indigenous persons
who are deceased, which is a sensitive issue
in some indigenous cultures); and
Develop cultural awareness training
programmes for media professionals to
promote the best possible approaches to
indigenous peoples affairs.
Support
Companies engaged in radio, television,
flm, printed or online media or any other
similar form of communication should
work to ensure that indigenous communi-
ties have access to their material;
Media companies should look for opportuni-
ties to hire indigenous media professionals;
Article 16
Media
RELATED STANDARDS INCLUDE:
UDHR, Article 19 states that all people
have the right to free speech and expression
and the right to seek, receive and impart
information through media.
ILO Convention 169, Article 30 sets out
the right of indigenous peoples to mass com-
munication in their own languages.
ICCPR, Article 19 sets out the right to
freedom of expression and opinion and the
right to access media and impart information
publicly.
109. International Law Association, 2010, Report of the Hague
Conference (2010): Rights of Indigenous Peoples, http://www.ila-hq.
org/en/committees/index.cfm/cid/1024
Part II: UN Declaration Rights | Education, Information and Employment
53
Companies can support indigenous media
outlets, such as radio stations, newspapers,
and television stations through business
ventures, philanthropy, the provision of
physical resources, the provision of pro
bono assistance, and/or the secondment of
professionals. Companies can also support
organizations that help fund the develop-
ment of indigenous community owned
media, such as local radio stations;
Companies should consider using indig-
enous methods of communication and
media outlets when conducting projects
that impact indigenous peoples to ensure
that the communities are reached; and
Highlight with the media successful corpo-
rate engagement practices that may serve
as examples to other companies.
Examples
Radio services sponsorship
An energy company sponsors a nationwide
radio services organization in Australia. The
organization provides programming and me-
dia marketing services for over one hundred
indigenous community radio stations.
Film consulting
A media company chose to feature an indig-
enous character in a major motion flm. In
preparation, the company hired an indig-
enous consultant and met with the tribe to
which the character belonged to ensure that
both the character and the nation were accu-
rately represented and portrayed in the flm.
Wayuu youth producers tape the
radio programme "Ouliwou," about
indigenous Wayuu language and
culture, in the north-western state
of Zulia, Venezuela.
Part II: UN Declaration Rights 54
The right
Indigenous peoples are often particularly
vulnerable members of the workforce as a re-
sult of a lack of understanding of their rights,
underlying discriminatory attitudes in the
workplace, and higher rates of poverty and
lower rates of education and training within
indigenous communities. A particular chal-
lenge facing indigenous peoples in relation
to their labour rights is the ability to practice
traditional occupations, often because this de-
pends on indigenous peoples ability to access
traditional lands and natural resources.
110
Article 17 affrms indigenous peoples
right to enjoy all labour rights under domes-
tic and international law, including those set
out in the ILOs fundamental conventions,
111

such as the freedom of association and the
right of collective bargaining, and to be
free from economic exploitation, including
through the provision of appropriate and
adequate remuneration for services per-
formed. Article 17 also aims to specifcally
protect indigenous children from dangerous
work that is likely to threaten not only their
health but their life potential through an
adverse impact on participation in education
or recreational activities.
Certain labour standards, such as the use
of child labour and implementation of fair
compensation policies, may not be regulated
under the domestic laws of the country in
which a business operates. Where domestic
law is silent or sets lower requirements than
international labour, businesses should as a
minimum respect the rights contained in the
International Bill of Human Rights and the
ILO Declaration on Fundamental Principles
and Rights at Work, as well as the rights set
out in Article 17 of the UN Declaration.
Businesses should remain committed to
providing working conditions that meet or
exceed national and international standards
and ensure that they do not economically
exploit indigenous peoples. Retaining a
high degree of transparency in employment
arrangements with indigenous peoples mini-
Article 17
Labour rights and employment
RELATED STANDARDS INCLUDE:
The ILO Fundamental Conventions set out
the fundamental labour rights of all workers:
ILO Convention 29 on Forced Labour, ILO
Convention 105 on Abolition of Forced Labour
Convention, ILO Convention 138 on Minimum
Age, ILO Convention 182 on Worst Forms of
Child Labour, ILO Convention 87 on Freedom
of Association and Protection of the Right to
Organise, ILO Convention 98 on the Right to
Organise and Collective Bargaining Conven-
tion, ILO Convention 100 on Equal Remunera-
tion and ILO Convention 111 on Discrimina-
tion (Employment and Occupation).
ILO Convention 169, Part III, Article
20 on Recruitment and Conditions of
Employment encourages Governments to
adopt, within the framework of national laws
and regulations, and in cooperation with the
indigenous peoples, special measures to
promote decent conditions of work.
UDHR, Article 23 declares the right of all
people to safe employment, as well as ac-
cess to employment benets, fair remunera-
tion and freedom of association.
ICESCR, Articles 6, 7 and 8 recognize the
right of all people to safe work, including the
right to freely choose and accept work, the
right to fair wages and safe working condi-
tions and the right to join trade unions.
110. International Labour Organization, 2007, Eliminating Dis-
crimination against Indigenous and Tribal Peoples in Employment
and Occupation: A Guide to ILO Convention 111, http://pro169.org/
res/materials/en/discrimination/Guide%20to%20ILO%20Conven-
tion%20No%20111%20on%20discrimination.pdf
111. A list of the ILOs eight fundamental conventions can be
found on the ILOs website at http://www.ilo.org/global/standards/
introduction-to-international-labour-standards/conventions-and-
recommendations/lang--en/index.htm
Part II: UN Declaration Rights | Education, Information and Employment
55
mizes the potential for indigenous peoples
to be bound to agreements, which encroach
upon or do not fully recognize their rights.
As a part of achieving such transparency,
business may consider making Equal Oppor-
tunity Employment reports available to the
public if not already required by law.
Providing decent work opportunities,
which strengthen skills and empower
indigenous peoples, can make a signifcant
contribution to their economic empower-
ment. Business should actively look for ways
to involve indigenous peoples, including
indigenous women and young persons of le-
gal working age, in their workforce. Business
can also support indigenous peoples labour
rights through recognition of and support for
their traditional occupations.
Suggested practical actions
Respect
Observe international and local child traf-
fcking and labour regulations and require
compliance by suppliers and contract work-
ers as part of the business relationship;
and conduct impact assessments and due
diligence to identify any actual or potential
risk factors for involvement in abuses;
Respect international labour standards (at a
minimum, the International Bill of Human
Rights and the ILO Declaration on Fun-
damental Principles and Rights at Work)
throughout the workforce, even when
domestic laws of a country do not regulate
this or set a lower standard;
Implement selection criteria for suppliers
and contractors that require compliance
with international standards, including on
human rights and labour practices. This
will help to ensure that indigenous peo-
ples labour rights are respected through-
out the companys value chain;
Hire potentially vulnerable groups, such as
indigenous women and persons with dis-
abilities, while ensuring that this does not
result in their exploitation, economic or
otherwise; and
Respect traditional strategies of engag-
ing children in activities such as hunting,
fshing, gathering, pastoring, etc., which
indigenous communities understand to be
processes of traditional knowledge trans-
mission, not child labour exploration.
Support
Engage with local indigenous peoples to
determine whether they are interested
in employment. If they are, actively and
specifcally recruit indigenous workers and
support their integration into business ac-
tivities and culture by (i) assigning substan-
tive, rather than nominal responsibilities,
(ii) offering long-term rather than contrac-
tual or otherwise limited employment, and
(iii) providing benefts and services (such as
healthcare, childcare, elder care, job train-
ing, housing and education) for workers
and their families. If applicable, create new
areas that contribute to professionalization
and strengthening of capacity building;
Where work can be done by local indig-
enous workers, offer the work frst to them
before hiring outside the local community;
advertise vacancies in accessible places (e.g.
community bulletin) and utilize appropri-
ate local methods of communication (such
as radio);
Include indigenous owned and operated
businesses or ventures in the supply chain.
Encourage joint ventures or the employ-
ment of local indigenous workers through-
out the business supply chain to contrib-
ute to a prosperous and vibrant indigenous
business sector;
Where possible, commit a percentage of
management and board of director posi-
tions for employees from local indigenous
communities. Ensure that these positions
hold legitimate authority and are not to-
ken roles, which is detrimental to morale
and skills development;
Hire directly without interference from
States, local authorities or other third par-
ties, which could introduce bias;
Ensure that appropriate support is in place
to help indigenous employees succeed in
the workplace. Mentoring programmes,
learning and family support, cross-cultural
awareness and other initiatives can help to
retain indigenous employees. Provide indig-
enous employees with training so that they
understand their rights in the workplace;
Provide all workers with training on cul-
tural awareness and discrimination;
Where lay-offs are unavoidable, provide
indigenous communities with adequate
preparation, assistance and support to man-
age the impacts. Be particularly sensitive to
the way that different cultural groups view
employment loss. This should also include
Part II: UN Declaration Rights 56
business operations that employ indige-
nous peoples for the exploration of natural
resources in their territories;
Provide culturally appropriate employment
conditions to enable indigenous workers
to maintain their cultural obligations (e.g.,
indigenous holidays);
Encourage relationships with community
schools, where older students partici-
pate on work experience schemes. Engage
employed indigenous individuals to share
their experiences as an employee for that
business, inspiring the students and provid-
ing them with respectable role models; and
Provide other beneft-sharing options that
are culturally sensitive. While companies
frequently list job creation as a primary
beneft to communities, the provision of
jobs can also be detrimental to the so-
cial cohesion of communities, especially
those that have not fully adopted cash
economies. Communities may prefer multi
income-generating opportunities these
can include environmental management,
local business development, etc.
Examples
Engaging with experts
A multi-national cosmetics company works
with a team of anthropologists, social scien-
tists, psychologists, economists, biologists
and administrators to establish and maintain
relationships with small farmers, many of
whom are indigenous, who produce raw
materials for the companys products.
Indigenous employees
An international mining company hires
indigenous workers from local communi-
ties and has employee-support programmes
designed to support indigenous workers,
including pre-vocational training, cultur-
ally appropriate recruitment practices, and
mentoring, among other services. Another
company has established a policy at some of
its mines that requires a certain percentage
of jobs at the site go to individuals from the
local indigenous community.
KPMG secondee Vicki Reed
working with Indigenous
leader Shane Phillips, CEO
Tribal Warrior Association,
as part of the rms Jawun
program in Redfern, Sydney.
Mercado Global partner
artisans at a nancial literacy
training in their community in
the Guatemalan highlands.
Part II: UN Declaration Rights | Education, Information and Employment
57
The rights
Article 18 recognizes that indigenous peoples
have a right to participate in decisions
that would affect their rights, individually,
through representatives of their choosing
and through their own decision-making
institutions, which States and other third
parties should recognize.
Article 19 requires States to consult and
cooperate with indigenous peoples through
their own representative institutions, and
to obtain their FPIC before adopting or
implementing legislative or administrative
measures that may affect them, including,
for example, the issuance of licences or
concessions of indigenous lands to business
(Consultation and FPIC are discussed in fur-
ther detail in Part I).
Articles 18 and 19 are closely tied to the
concept of self-determination, as enshrined
in the UN Declaration and discussed above
in relation to Article 3. The importance of
indigenous peoples involvement in matters
that affect them, in particular with respect
to land traditionally owned, occupied or
used by indigenous peoples, is emphasized
throughout the UN Declaration. Business
should appropriately involve indigenous
peoples and obtain their consent in any
matters that could impact them, including
philanthropic efforts as discussed in Part I.
The appropriate decision-making process will
depend on the circumstances and the tradi-
tions and cultures of the indigenous peoples
involved. Indigenous peoples own decision-
making processes should be followed.
Suggested practical actions
Respect
Carry out consultations in line with the
guidance discussed in Consultation Part I;
In anticipation of the consultation process,
immediately make available comprehensive
and clear information about the focus of the
decision-making process (e.g., legal require-
ments and project specifcs) using adequate
language and communication tools;
As part of due diligence, consider how
groups within indigenous communities
may experience adverse impacts differently
or to a greater extent due to factors ranging
from social standing, gender, age, dis-
abilities. Use gender and age disaggregated
Articles 18 and 19
Participation in decision-making
PARTICIPATORY DEVELOPMENT,
ECONOMIC AND SOCIAL RIGHTS
RELATED STANDARDS INCLUDE:
ILO Convention 169, Article 6 requires
States to provide means by which indigenous
peoples can freely participate, to at least
the same extent as other sectors of the
population, at all levels of decision-making
in elective institutions and administrative
and other bodies responsible for policies and
programmes that concern them.
ICCPR, Article 25 asserts the right of
all people to take part in public affairs and
decision-making, either directly or via freely
chosen representatives.
Part II: UN Declaration Rights 58
data when identifying actual or potential
impacts to facilitate this;
Give indigenous peoples an acceptable and
culturally appropriate amount of time to
make decisions;
Ensure that the decision-making process
involves all community members, includ-
ing members of communities outside the
immediate impacted region, but indirectly
impacted by the development. Hold commu-
nity meetings in easily accessible places and
provide transportation when necessary;
Ensure that the representatives making
decisions for the indigenous community
were selected through the communitys
own decision-making processes;
When indigenous peoples decide to with-
hold their consent with regard to a busi-
ness project, respect that decision and do
not move forward with the project; and
Business should refrain from lobbying state
governments for laws and regulations that
would favour their development projects to
the detriment of indigenous peoples.
Support
Use their leverage and infuence to encour-
age governments to respect indigenous
peoples rights in relation to activities in
which they are involved or beneft from;
Establish and help fund development plans
in collaboration with indigenous peoples.
The indigenous peoples should be fully
informed with information provided by
the business and independent sources,
and with support from the business as
appropriate and desired by the indigenous
peoples concerned. Consider creating a
trust or fund managed by a third party to
implement this action;
Consider beneft-sharing arrangements
with indigenous peoples where they are
genuine partners in business activities,
both participating in project decision-mak-
ing and benefting as such;
112
and
Notwithstanding the above, be sensitive to
the perception of fnancial support as a form
of bribery to obtain indigenous consent. In
addition, be aware that fnancial support
or other gifts may result in a situation
in which the indigenous community feels
compelled and/or obligated to support the
business proposals due to cultural norms.
Examples
Participation in working group
A multinational oil company established a
working group to track the social impacts of
its activities in a village near one of its opera-
tions sites that includes representatives from
the community and from the company, as
well as holding twice-yearly meetings to pro-
vide project updates to the entire community.
Participation in community
development decision-making
A multinational utility company established
a non-proft foundation to partner with
indigenous communities living around
one of its project sites to jointly decide and
develop community investment projects,
engaging the whole community in the
decision-making process. The board of the
foundation is comprised equally of business
and indigenous members representing local
communities.
112. A/HRC/24/41., para 74-77.
Part II: UN Declaration Rights | Participatory Development, Economic and Social Rights
Men from the indigenous Baka settlement of Moscow
Village sh in pirogues on the Oubangi River, in the
northern Likouala Province of Congo.
59
Articles 20 and 21
Development, political, economic and social activities
The rights
Article 20 affrms the right of indigenous
peoples to their political, social and eco-
nomic institutions and their own way of life
and means of development, each of which is
fundamental to the survival of indigenous
cultures.
In addition to the rights of indigenous
peoples to continue their way of life, Article
21 recognizes indigenous peoples right to
improve their social and economic condi-
tions, including in relation to health, educa-
tion, employment and training and housing.
States must both allow indigenous peoples
to pursue their own means of economic
subsistence and development, and ensure
that indigenous peoples are appropriately
included in State development efforts.
Indigenous institutions can take many
forms, and may be formal (such as physical
institutions or legally constituted organiza-
tions) or informal (such as simply ways of
doing things). In any case, when engaging
with indigenous peoples, business should seek
to understand and respect such institutions,
and should consider participating in social
and community activities with indigenous
groups when invited. Business should seek to
understand indigenous peoples ways of life
and ensure that they do not negatively impact
them, particularly indigenous women, elders,
youth and children and those with disabilities
(discussed further under Article 22).
Suggested practical actions
Respect
Respect indigenous peoples ideas and
priorities related to economic, social and
cultural development, which often involve
notions of self-subsistence, food security
and wealth generation.
Support
Understand that joint venture partnerships
with Indigenous-owned businesses promot-
ing mutual economic benefts have equal,
if not greater impact than philanthropic
initiatives. Where possible, support exist-
ing development, political, economic and
social institutions (rather than establishing
new ones). Partner with or support existing
indigenous peoples projects;
Establish development plans in collabora-
tion with indigenous peoples, which allow
for indigenous peoples themselves to make
the decisions as to what development will
be undertaken (with the business guid-
ance);
Ensure that indigenous economies based
around communal ownership or barter sys-
tems are not disrupted by an infux of cash
from the business presence. If applicable,
consider providing or supporting money
management education;
Provide infrastructure and other develop-
ment opportunities to indigenous peoples
along with those introduced as part of the
business activities. Ensure that the indige-
nous peoples consent to any such infrastruc-
ture or other development opportunities.
Special attention should be given to road
construction because of the potential for
unintended, adverse social and economic
RELATED STANDARDS INCLUDE:
ILO Convention 169, Articles 7 and 23
declare the right of indigenous peoples to
determine their own economic, social and
cultural development path, including the right
to practice traditional economic activities.
ICCPR and ICESCR, Article 1 asserts the
right of all peoples to freely determine their
economic, social and cultural development.
Part II: UN Declaration Rights 60
pressures that can accompany an infux
of non-indigenous peoples traveling along
such roads;
Ensure that appropriate support is in place
to help indigenous employees succeed in
the workplace. Mentoring programmes,
learning and family support, housing and
education, cross-cultural awareness and
other initiatives can help to retain indig-
enous employees;
Partner with indigenous organizations
this could involve entering into mutu-
ally benefcial business ventures and/or
contributions related to the indigenous
companys core business (e.g., the provision
of products or services);
Explore opportunities to involve indig-
enous peoples in the value chain, such as
sourcing from indigenous owned busi-
nesses; and
Be careful not to provide excessive fnancial
aid, which could foster dependence and ul-
timately weaken indigenous communities.
Examples
Tourism industry
An international private non-proft has
teamed up with a local tourism board to
develop eco- and agro-friendly tours and
resources for visitors. The company has in-
volved the affected indigenous communities
in building sustainable infrastructure to sup-
port the high volume of tourists in the area.
Supplier diversity
An international computer hardware compa-
ny helped found an advisory council devoted
to the expanding supplier diversity practice
in growth markets. The computer company
has sourced from aboriginal suppliers in a
number of countries in order to promote
indigenous inclusion in the global economy.
An international mining company with
a mine jointly owned by an indigenous
company annually spends a large part of its
budget on locally-acquired goods and services
provided by the indigenous community. The
company is also working on a consistent
means of tracking and reporting on indig-
enous suppliers at its other operations.
A traditional
eagle hunter, holds a
trained eagle on his
arm. His indigenous
Kazakh community
uses eagles to hunt
small game such as
foxes and rabbits.
Part II: UN Declaration Rights | Participatory Development, Economic and Social Rights
61
Articles 22 and 44
Indigenous women, elders, youth, children and
persons with disabilities
The rights
Within indigenous communities, women,
the elderly, youth and children, and persons
with disabilities may be particularly vulner-
able. Accordingly, Article 22 requires that,
in implementing the UN Declaration, these
groups are afforded special consideration,
including with regard to improving their
economic and social conditions. States have
a duty to protect these groups from harm,
violence, discrimination and any other ac-
tivities or lack of actions that could compro-
mise their well-being. Article 44 states that
all rights and freedoms recognized in the UN
Declaration are equally guaranteed to male
and female individuals.
Business should identify the vulnerabili-
ties of these groups in their due diligence
process (this may require separate consulta-
tion with such groups). Examples of such
vulnerabilities may include sexual violence
and exploitation of women linked with
increased business presence, or childhood
malnutrition stemming from dispossessing
indigenous peoples of their land.
Suggested practical actions
Respect
Promote equal opportunity employment
of vulnerable groups from indigenous
communities, including hiring women and
persons with disabilities;
Consider the needs of indigenous women
when conducting consultations and meet-
ings. For example, providing childcare may
enable indigenous women to attend consul-
tations they otherwise could not;
Use gender and age disaggregated data
when identifying actual or potential im-
pacts on indigenous peoples as part of the
due diligence process; and
As part of the due diligence meeting,
consider how groups within indigenous
communities may experience adverse
impacts differently, or to a greater extent,
due to factors ranging from social standing,
gender, age, disabilities, etc.
Support
Support integration of indigenous workers
into the business activities and culturei.e.,
by providing health care services, childcare,
elder care, job training and targeted educa-
tion programmes sensitive to the different
needs of groups within the indigenous com-
munity;
Implement a mentoring programme for
indigenous and non-indigenous peoples to
role model, support and mentor indigenous
women and indigenous people with disabili-
ties entering the workforce;
In recruitment initiatives, consider cultural
factors such as advertising jobs in indig-
enous languages; and
Support initiatives that help potentially
vulnerable members of an indigenous com-
munity to access education, training and
employment.
RELATED STANDARDS INCLUDE:
ILO Convention 169, Article 3 states that
the provisions of the Convention shall be
applied without discrimination to male and
female members of these peoples.
Convention on the Elimination of
All Forms of Discrimination against
Women prohibits all acts of discrimination
against women by persons, organizations or
enterprises.
Womens Empowerment
Principles
The Womens Empower-
ment Principles are a set of
Principles that offer business
guidance on how to empower
women in the workplace,
marketplace and community.
For further information (in-
cluding how to sign the CEOs
Statement of Support for the
Principles), see
www.weprinciples.org
Childrens Rights and
Business Principles
The Childrens Rights and
Business Principles guide
companies on the full range
of actions they can take in
the workplace, marketplace
and community to respect
and support childrens rights.
For further information, see
www.unglobalcompact.org/
Issues/human_rights/child-
rens_principles.html
Part II: UN Declaration Rights 62
Examples
Indigenous youth
An international mining company donates
USD 75,000 yearly to an employment pro-
gramme that assists indigenous students
living near one of its mines in fnding long-
term local employment opportunities.
An international extraction frm supports
community programmes that provide educa-
tion and vocational skills-training to indig-
enous youth in order to reduce the student
drop-out rate.
An international mining company supports
a local non-proft designed to develop young
aboriginal leaders and empower them to cre-
ate positive change in their communities.
Indigenous women
An Australian mining company developed a
programme that enhances employment op-
portunities and provides leadership develop-
ment for indigenous women.
Another mining company established a
capital fund, the interest on which is divided
equally between men and women to support
their respective cultural activities.
Part II: UN Declaration Rights | Participatory Development, Economic and Social Rights
63
Article 24
Health
The right
Article 24 provides that indigenous peoples
have the right to maintain, control, protect
and develop their traditional medicines and
health practices, while retaining access to
outside health services, so that they may
enjoy the highest attainable standard of
physical and mental health. This right allows
indigenous peoples to conserve and protect
their medicinal plants, animals and miner-
als (and their knowledge in relation to these);
see also Article 31 in relation to traditional
knowledge and genetic resources.
The health of indigenous peoples is often
signifcantly poorer than that of the overall
population. Reasons for this include lack
of proximity to and affordability of health
services, lack of language profciency, poor
nutrition, excessive alcohol consumption,
higher rates of smoking and abuse of other
drugs and substances than the general
population, and the loss of their traditional
food supply and livelihoods. Even more ex-
treme is the disparity in health between the
overall population and IPVI, who often lack
immunity because of limited contacts with
the outside world. For this reason, protect-
ing indigenous peoples right to all social
and health services is crucial to the survival
and development of their communities and
cultures. In the case of IPVI, the best way to
support the health of the community is to
avoid contact with such indigenous peoples.
There are several ways business can
respect and support the health of indig-
enous peoples. Businesses that manufacture
pharmaceuticals have the unique ability
to provide indigenous peoples with access
to medicines they produce; businesses in
the health industry or those that control
distribution channels can enhance indig-
enous peoples access to health services and
products. Businesses that work in the areas
with indigenous communities can also
engage with them to assist in the preserva-
tion of their medicinal plants, animals and
minerals, and ensure that their activities do
not damage stocks, nor the overall health of
the regional ecosystem necessary for their
abundance. Businesses should ensure that
they do not access indigenous medicinal
resources without consent, and do not violate
indigenous peoples intellectual property
rights through, for example, patenting their
knowledge of traditional medicines without
consent as discussed further in relation to
indigenous peoples rights to traditional
knowledge under Article 31.
Suggested practical actions
Respect
Ensure that the business activities do not
negatively impact indigenous peoples
health, for example by contaminating or
polluting their air, drinking water or food
supply, or otherwise adversely impacting
their environment and culture in particular;
Be sensitive to the fact that indigenous
peoples living in voluntary isolation or in
RELATED STANDARDS INCLUDE:
ILO Convention 169, Article 25 asserts
the right of indigenous peoples to access
adequate, community-based health services
that are culturally appropriate.
UDHR, Article 25 and ICESCR, Article 11
declare the right of all people to an adequate
standard of living and access to adequate
healthcare.
ICESCR, Article 12 recognizes the right
of all people to enjoy the highest attainable
standard of physical and mental health.
Part II: UN Declaration Rights 64
remote areas with limited outside contact
(IPVI) may have heightened susceptibil-
ity to health risks and that bringing in
workers from outside the community may
introduce new diseases. Because IPVI lack
immunity, exposure to common diseases
could lead to their extinction. Take respon-
sibility for such health impacts;
Ensure that the infux of outside popula-
tions (including business employees and
contractors) does not impact indigenous
peoples health;
Understand that business activity in an
indigenous region may have deleterious
effects on a local populations health, for
example by increasing alcoholism, prostitu-
tion, violence or drug use. Take measures
to prevent these risks;
Respect indigenous peoples' traditional
medicines and health practices; and
In cases where business activity takes place
in remote locations, waste from worker
camps should be transferred and safely dis-
posed of in locations with higher population
densities to avoid contaminating the local
environment and transmitting diseases.
Support
Identify or create opportunities to sup-
port traditional indigenous food/medicine
collection, growing, hunting, herding and
manufacturing (i.e., traditional and socially
useful natural resource management prac-
tices), including partnering with indigenous
businesses;
Where a company provides healthcare to
employees, consider using a provider that
has a specialty in indigenous health, that
has indigenous practitioners and staff, and
that can provide care in a culturally appro-
priate manner; and
Consider supporting initiatives to strengthen
and develop indigenous peoples in health
professions to increase indigenous access to
healthcare.
Examples
Promoting eye health
An international eyewear and eye-care com-
pany established a programme of clinics in
remote indigenous communities to improve
access to optometry services and community
awareness about eye health. The company
also supports an indigenous scholarship to
encourage indigenous students to pursue
studies in optometry.
Supporting indigenous students
focused on health
A multinational pharmaceutical company
established a graduate fellowship for indig-
enous students who are studying or research-
ing issues and topics in aboriginal health.
Sporting infrastructure
A global manufacturer of sporting goods
is working with a non-proft organization
to deliver sporting equipment to remote
indigenous communities in Australia. The
partnership is an important part of the non-
proft organizations plan to raise awareness
of health topics in those communities.
Combating illness in indigenous
communities
A pharmaceutical company partnered with
local organizations to support programmes
that address health disparities and improve
access to care among indigenous communi-
ties in the U.S., establishing a Native Ameri-
can health initiative. On one reservation, the
company consulted with the Tribal Council
to develop tailored education programmes, a
wellness centre, and a mobile medical unit to
address better diabetes rates among Ameri-
can Indians, who are disproportionately
affected by the disease.
An oil company operating in a remote part
of the Amazon allowed local IP to be treated
at its health clinic in its worker camp. The
company made a point to treat all patients
from any communities in the surrounding
areas, including those communities where the
leadership was opposed to the companys pres-
ence. In certain cases, the company would use
its helicopter to transport an ill person to its
clinic. The company, which treated hundreds
of people, reported that this greatly improved
relations with local communities.
Part II: UN Declaration Rights | Participatory Development, Economic and Social Rights
65
The right
Article 25 affrms indigenous peoples right
to maintain and strengthen their spiritual
relationship with the land and natural
resources that they traditionally own, use or
occupy (or owned, used or occupied in the
past). Indigenous peoples often have strong
spiritual ties to their ancestral lands and the
natural resources (e.g., water, coast, rocks,
plants, animals, deserts, meadows, geologi-
cal features, mountains and plains) on and
around such lands. Further, indigenous
peoples individual and collective identity,
healthcare systems, social and legal struc-
tures and cultures are often inextricably
linked to their spiritual relationship with
the land and its resources.
As a practical matter, indigenous peoples
ability to enjoy the right set out in Article 25
depends upon a range of factors, including ac-
cess to and preservation of land and resources.
The removal or relocation of indigenous
peoples, and the environmental damage
or removal of natural resources from their
lands all inhibit exercise of this right. Large
development projects (e.g., extraction projects,
dams for hydroelectric plants or infrastruc-
ture projects) are particularly likely to inter-
fere with indigenous peoples spiritual lives
and cultures because they often necessitate
physical displacement of indigenous peoples
or substantial, long-term (often permanent)
alteration of the environment.
The signifcance of natural resources to
indigenous peoples (and the inter-relation-
ship with lands) is best summed up by the
Inter-American Court of Human Rights,
which has stated that the "the right to use
and enjoy their territory would be meaning-
less 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".
113
Perhaps most expansively,
UN Special Rapporteur, Erica-Irene Daes,
noted that international law and human
rights norms demonstrate that there exists
a developed legal principle that indigenous
peoples have a collective right to lands/ter-
ritories they traditionally use and occupy,
"including the right to use, own, manage and
control the natural resources found within
their lands and territories... [and that] these
resources can include... timber, minerals,
oil and gas..."
114
This view is consistent with
accepted notions of use and control of tradi-
tional lands and natural resources (factoring,
for example, the spiritual and cultural con-
nection to land in its totality).
Not only does Article 25 protect in-
digenous peoples right to maintain and
strengthen their spiritual relationship with
the land and natural resources, it requires
that indigenous peoples be able to uphold
their responsibilities to future generations in
this regard. To do this, indigenous peoples
must maintain a degree of control over their
ancestral land and resources, and their en-
vironment must not be signifcantly altered
(in the short or long-term). Sacred places,
in particular, are important for indigenous
peoples transmission of spiritual and tradi-
tional beliefs to future generations and, thus,
should be protected.
Article 25
Land and natural resources spiritual basis
LAND AND NATURAL RESOURCES
113. Judgment of November 28, 2007 Series C No. 172, para 122.
114. Indigenous Peoples' Permanent Sovereignty over Natural
Resources. UN Doc E/CN.4/Sub.2/2004/30 (13 July 2004), paras 39
and 42.
Territories and land have
material, cultural and
spiritual dimensions for
indigenous communities
and, through their deep
understanding of and
connection with the land,
they have managed
their environments
sustainability for
generations. In order to
survive as distinct peoples,
indigenous peoples and
their communities need to
be able to own, conserve
and manage their
territories, lands and
resources on the basis of
their collective rights
UN Development Group,
Resource Kit on Indigenous
Peoples Issues
Part II: UN Declaration Rights 66
In order to respect and support the rights
in Article 25, business should frst recognize
that indigenous peoples relationship to land
and natural resources may not align with
non-indigenous concepts of property that
is, indigenous peoples cultures may not rec-
ognize concepts of individual ownership of
land, and they may have a spiritual connec-
tion to land that is not technically, under the
law of the relevant country, considered to be
a form of ownership. Lack of legal or tradi-
tional ownership does not in any way dimin-
ish the spiritual relationship. Indigenous
peoples themselves can provide guidance on
what activities may or may not impact this
right, and their views in this regard should
be sought and incorporated into impact as-
sessments and project planning.
115

Suggested practical actions
Respect
Consult with indigenous peoples, and
when relevant, external experts, to under-
stand indigenous forms of ownership and
respect customary land tenure systems
even when they lack legal titles;
Consult with, and when required, obtain the
consent of indigenous peoples before the
commencement of any projects that may
impact or result in alteration of lands tradi-
tionally occupied by indigenous peoples;
Manage hazardous materials (including nu-
clear waste) with extreme care given their
long-term or irreversible effects on land
and resources. Obtaining free, prior and
informed consent is particularly important
in these cases given the potential sever-
ity and duration of the impacts. Business
could also engage with indigenous peoples
regarding the appropriate management of
these substances, rather than only seeking
consent for their use; and
In consulting indigenous peoples before de-
cisions are made about lands or natural re-
sources on or under them, also consider the
potential impacts on children and youth.
Support
Use the CBDs Akw: Kon Voluntary Guide-
lines when conducting impact assessments;
Partner with or support indigenous
peoples groups that work to promote
governmental and corporate understanding
of indigenous spiritual beliefs, specifcally
relating to the environment. Also, contrib-
ute appropriate and culturally accepted
technologies for better management of
national resources;
Support research and development related
to preservation of the environment, par-
ticularly in areas of spiritual signifcance
to indigenous peoples when and where
there is a demand expressed or felt by the
indigenous communities; and
Develop voluntary, proactive and collabora-
tive management plans that enable indig-
enous peoples to access company owned
leases / lands for the purpose of practicing
traditional economic, cultural and spiritual
activity.
RELATED STANDARDS INCLUDE:
ILO Convention 169, Part II on lands
covers the total environment of the areas
indigenous peoples occupy or otherwise
use. Article 14 requires states to recognize
the right of ownership and possession of
indigenous peoples over the lands they tra-
ditionally occupy, and the need for adequate
procedures to resolve their land claims.
IFC Performance Standard 7 on Indig-
enous Peoples requires clients to obtain
FPIC when projects will impact on lands
and natural resources subject to traditional
ownership or under customary use.
115. For related guidance on conducting impact assessments, see
the Convention on Biological Diversitys Akw: Kon Voluntary
Guidelines for the Conduct of Cultural, Environmental and Social
Impact Assessments Regarding Developments Proposed to Take
Place on, or which are Likely to Impact on, Sacred Sites and on
Lands and Waters Traditionally Occupied or Used by Indigenous
and Local Communities. http://www.cbd.int/doc/publications/
akwe-brochure-en.pdf
Part II: UN Declaration Rights | Land and Natural Resources
67
Examples
Partnership to conserve sh and
wildlife habitats
A Canadian electric utility company partners
with First Nations to conserve and enhance
fsh, wildlife and their supporting habitats af-
fected by the companys generation facilities.
Ethno mapping initiatives
Support indigenous peoples initiatives to
map the territory they occupy using their
own cultural and territorial references
(ethno mapping). For example, an interna-
tional technology company worked with an
indigenous tribe in the Brazilian Amazon
to create a publicly-available and interactive
cultural map in order to capture, share and
preserve the natural and cultural richness
of the tribes ancestral lands and territories.
This interactive map also tracked instances
of illegal logging to protect the environmen-
tal integrity of their land.
Forests are critical to the livelihoods
of indigenous peoples who live in
Bukit 12 National Park, in Jambi
Province, Sumatra, Indonesia.
Part II: UN Declaration Rights 68
The rights
Articles 26, 27 and 28 set out broad land
rights for indigenous peoples. These Articles
also provide a process for redress where
lands have been taken, occupied, or used
without consent. Further, indigenous peoples
must be involved in the control, implementa-
tion and benefts of any development on or
affecting their lands.
It is a States duty to give legal recogni-
tion and protection to indigenous peoples
land rights and to establish and implement
appropriate redress procedures; however,
business should also understand and respect
these rights.
Article 26 provides that indigenous peo-
ples have the right to own, use, develop and
control the lands, territories and resources
they have traditionally owned, occupied,
used, or acquired, or possess by reason of tra-
ditional ownership (including those they do
not currently own or occupy, but have in the
past). The Article also requires States to affr-
matively give legal recognition and protec-
tion to these lands, territories and resources,
in a way that is consistent with indigenous
peoples use of, and relationship with, the
land and resources. These rights will allow
the development of indigenous peoples tra-
ditional lands in accordance with their own
needs and best interests and will help them
retain control over the natural resources on
their land, and maintain and grow their own
cultural institutions.
One challenge businesses face is that
governments provide inconsistent legal
protections for indigenous lands, territories
and resources. Many governments do not
recognize indigenous lands and territo-
ries. Some countries have mechanisms for
awarding land tenure (including Australia,
Canada, US, New Zealand, Philippines, and
most countries in South America), but these
mechanisms typically retain State control
of natural resources on tenured land. Since
the corporate responsibility to respect hu-
man rights is independent of the State duty
to protect human rights, companies cannot
necessarily rely on governments for accurate
identifcation of indigenous lands, territories
and resources, and should take additional
measures to obtain this information from
the relevant indigenous peoples themselves.
Article 27 requires States to establish a fair
and open process to recognize and adjudicate
the rights of indigenous peoples relating to
their lands, territories, and resources, which
takes into account the relevant indigenous
peoples laws, traditions, customs, and land
tenure system. Furthermore, indigenous
peoples have the right to be involved in estab-
lishing the process, and to participate in it.
In the case of Endorois Welfare Council v
Kenya, the African Commission on Human
Articles 26, 27, 28, 29 and 32
Land and natural resources ownership,
use, development, exploitation and
conservation
RELATED STANDARDS INCLUDE:
UDHR, Article 17 declares that all people
have the right to own property, and to not be
arbitrarily deprived of that property.
ICCPR and ICESCR, Article 1 states
that all peoples may, for their own ends,
freely dispose of their natural wealth and
resources.
International Convention on the
Elimination of All Forms of Racial Dis-
crimination, Article 5 guarantees that all
people, without distinction as to race, colour
or national ethnic origin, shall have the right
to own property alone as well as in associa-
tion with others.
Part II: UN Declaration Rights | Land and Natural Resources
69
and Peoples Rights concluded that: Articles
26 and 27 of the UN Declaration use the term
occupied or otherwise used. This is to stress
that indigenous peoples have a recognized
claim to ownership to ancestral land under
international law, even in the absence of of-
fcial title deeds.
116
Article 28 details indigenous peoples
right to redress where lands, territories, or
resources that they have traditionally owned,
occupied, or used have been confscated,
taken, occupied, used, or damaged without
their free, prior, and informed consent. In
such cases, indigenous peoples are entitled to
redress, preferably by restitution, but other-
wise by just, fair, and equitable compensation.
The Article indicates that unless otherwise
freely agreed upon by the concerned peoples,
compensation should take the form of lands,
territories, or resources equivalent to those
taken. Redress in the form of beneft-sharing
has received support in a number of decisions
by regional human rights bodies, including in
the cases of the Saramaka People v. Suriname
and the Kichwa Indigenous People of Saray-
aku v. Ecuador before the Inter-American
Court of Human Rights and the case of
Endorois Welfare Council v. Kenya before the
African Commission on Human Rights.
Article 29 provides that indigenous peo-
ples have the right to the conservation and
protection of the environment and the pro-
ductive capacity of their lands and resources.
This Article requires that States establish and
implement assistance programmes for in-
digenous peoples for such conservation and
protection. Article 29 also requires States to
take effective measures to ensure that haz-
ardous materials are not stored or disposed
of on indigenous peoples lands or territo-
ries without their free, prior and informed
consent. States should put into place policies
that would ensure for the compensation and
potential relocation of indigenous peoples
in the case of unforeseen consequences to
fragile environments. States should also take
effective measures, as needed, to ensure that
programmes are implemented to monitor,
maintain and restore the health of indige-
nous peoples affected by any such materials.
The rights set out in Article 29 recognize
the often inextricable link between envi-
ronmental protection and the physical and
cultural security of indigenous peoples; that
is, exposure to environmental contamina-
tion can seriously threaten the health and
cultures of indigenous peoples. In certain in-
stances, indigenous peoples have been forced
to comply with government policies and
business practices that invaded or disrupted
the fragile environments where they live.
State and industry development can also re-
sult in the relocation of indigenous peoples,
or the damage or decimation of the lands on
which they depend.
Article 32 provides that indigenous peo-
ples are entitled to decide their own priori-
ties and strategies for the use or development
of their lands, territories and other resources.
This ensures that indigenous peoples can
beneft from the development and exploita-
tion of their lands if they so choose. In addi-
tion, Article 32 requires States to consult and
cooperate with indigenous peoples to obtain
their FPIC before approving any project that
would affect their lands, territories or other
resources, and to provide mechanisms for
redressing any adverse impact as a result of
such projects. can also support indigenous
peoples labour rights through recognition of
and support for their traditional occupations.
Suggested practical actions
Respect
Practice the Respect actions relating to
indigenous land, discussed under Article
25, in the previous section;
Leverage existing engagement in cross
sector platforms to support responsible
land rights practices, for example, support-
ing the UN Voluntary Guidelines on the
Responsible Governance of Tenure of Land,
Fisheries and Forests in the Context of Na-
tional Food Security;
Adopt a precautionary approach where
there are potential threats of serious or
irremediable environmental impact on
indigenous peoples land, territories or
resources. Where there is a suspicion of
harm, focus on prevention, rather than
remediation after the harm has occurred;
Keep up-to-date records of any lands, ter-
ritories, or resources of indigenous peoples
that have been granted legal recognition or
116. The African Commission on Human and Peoples Rights, 2003,
276 / 2003 Centre for Minority Rights Development (Kenya) and
Minority Rights Group International on behalf of Endorois Welfare
Council v Kenya, para.207, http://www.hrw.org/sites/default/fles/
related_material/2010_africa_commission_ruling_0.pdf
Part II: UN Declaration Rights 70
protection by States, proximate to the areas
in which the company plans to conduct its
business;
Consult with the affected indigenous
groups before conducting business that
may impact any land, territory, or resource
addressed under Article 26 of the UN Decla-
ration to ensure the affected communitys
FPIC has been sought and granted. If FPIC
for the activity is not granted, then the
activity should not proceed;
Where States have established and imple-
mented a land adjudicatory process in
accordance with the full requirements of
Article 27, respect its decisions and recom-
mendations;
Respect any decisions granting redress for
the confscation, occupation, use or damage
of indigenous peoples lands or territories;
Ensure that compensation for land and
resources extends not only to landowners
but also to indigenous peoples who occupy
or use the land, or are otherwise affected
by the activity;
Observe standards of transparency in ben-
eft sharing with indigenous peoples. Do
not provide fnancial or other benefts to
indigenous peoples in exchange for invest-
ment rights without frst acquiring FPIC.
When indigenous peoples consent to activi-
ties on their land, base payments or beneft
sharing arrangements on regular, annual
reviews of the activity and proftability;
Ensure that population increases caused
by business activity do not strain natural
resources, and do not otherwise disrupt the
way of life for the indigenous peoplesac-
cess to food, water, medicinal plants, ani-
mals, and other resources must be guaran-
teed to indigenous communities;
Do not conduct any business activities or
provide support to State activities that vio-
late indigenous peoples lands or resources;
Involve indigenous peoples in developing
and monitoring environmental manage-
ment plans. Seek to cooperatively manage
the environmental impact of activities with
local indigenous communities. Indigenous
peoples are likely to have traditional
knowledge that can be incorporated into
environmental management plans to im-
prove environmental outcomes; and
Provide compensation and restitution for
damages inficted upon the land, territory
and resources of indigenous peoples and
the rehabilitation of degraded environ-
ments caused by any existing or historic
activities that did not obtain FPIC. Ensure
that the allocated budget from activities
cover all costs associated with closure and
restoration and include suffcient funds to
provide for potential future liabilities.
Support
Practice the Support actions relating to
indigenous land, discussed under Article 25
above;
Use company leverage in voluntary initia-
tives to support responsible land rights
policies, for example, the UN Voluntary
Guidelines on the Responsible Governance
of Tenure of Land, Fisheries and Forests in
the Context of National Food Security;
In any property development on land that
has been traditionally owned or used by in-
digenous peoples, consider ways to protect
and celebrate cultural heritage within the
site;
Acknowledge the historical ownership
and use of land (even in urban areas, if
relevant);
Identify ways to positively improve the en-
vironment on and near a project site, or in
another area traditionally owned by or of
cultural signifcance to indigenous peoples
(e.g., consider whether the company can
help to clean waterways, clear rubbish and
re-establish vegetation);
Support the development of indigenous
peoples capacity to enact culturally en-
coded land, wildlife and natural resource
management practices. These could include
learning networks and projects in resource
management, technology, and money mar-
kets to increase understanding of the devel-
opment impacts and integrate traditional
and foreign management techniques;
Support initiatives that record and build
the body of local traditional ecological
knowledge so this knowledge can be inte-
grated into existing ecological and conser-
vation initiatives; and
Support communities in developing maps
and other resources that identify their land
claims.
Part II: UN Declaration Rights | Land and Natural Resources
71
Examples
Mining industry
Many mining companies cooperatively
manage environmental impacts with local
indigenous communities. For example, a
diamond company has a mine in a region
with a signifcant number of heritage sites of
importance to local indigenous peoples. After
several years of negotiation, the company
entered into a land use agreement with the
indigenous peoples. Under the agreement,
the indigenous peoples are recognized as the
traditional owners and custodians of the land,
and at the end of the mines life the lease will
be transferred to them, at which time the
company has agreed to support their claim
for full legal title to the lands under national
law. In the interim, the company provides
fnancial benefts to the traditional owners,
which are indexed to the companys profts
and put into trusts for long-term employment,
education, and business and community de-
velopment initiatives in the region. A relation-
ship committee manages the agreement and
the relationship between the company and
indigenous peoples.
Investment in the surrounding
community
A mining company entered into an agree-
ment with local indigenous peoples to create
a trust for proft sharing with the community,
prioritizing training and employment of in-
digenous workers, and promoted the use of in-
digenous businesses in mine-related contracts.
The agreement also set up a dispute resolution
forum and environmental management rules
for the mine and adjacent lands.
Conservation training
After local indigenous peoples asked to
become more involved in the management
of the land and resources, a mining company
established an indigenous cadetship pro-
gramme at one of its sites. The programme
provides conservation training and work
experience to local indigenous peoples.
Supply chain compliance
An international manufacturer has pledged
to only source wood and wood pulp from sus-
tainable and responsible suppliers who are
held to a code of conduct that requires eco-
logically sustainable harvesting practices and
prohibits infringement upon the land and
forest access rights of indigenous peoples.
Preservation of biodiversity
An international cosmetics company works
with suppliers and buyers to maintain bio-
diversity in the Amazon rainforest, home to
many of the regions indigenous communities.
Tourism industry
A global cruise line has pledged its commit-
ment to promoting sustainable tourism at
its destination ports. The company trains
employees and educates passengers on ways
to be environmentally and socially conscious
in the communities where its ships dock,
including in indigenous communities. The
company particularly emphasizes protection
of natural life and of biodiversity in these ar-
eas in order to promote sustainable develop-
ment and community health and sustenance.
Benet sharing
As part of its land-use agreement with an
Alaskan tribe to maintain a natural gas
pipeline through its territory, a transnational
fuel company provides gas to the community
at no charge, which dramatically lowers
heating costs for residents while reducing the
communitys on-going GHG emissions.
Part II: UN Declaration Rights 72
The right
Article 30 sets out a general prohibition on
military activities taking place on indig-
enous peoples lands or territories without
their consent, or unless justifed in the pub-
lic interest. States are obligated to undertake
effective consultations with the indigenous
peoples concerned prior to using their lands
or territories for military activities. Read in
conjunction with Article 46 of the UN Decla-
ration, such consultations must be conducted
in a manner and context consistent with
principles of justice, democracy, respect for
human rights, equality, non-discrimination,
good governance and good faith so that any
human rights violations can be avoided.
Furthermore, indigenous peoples must be
protected from any external aggression or
other consequences that result from military
action on their lands.
Business may be involved in military
activities (commonly through military con-
tracting as suppliers of goods and services),
and in such instances have a clear role to
play in respecting and supporting the right
set out in Article 30. States may also require
that oil and gas companies use their national
army to provide security services, including
paying for their troops and logistics expens-
es. In some cases, governments have used
military force to move indigenous peoples
from their land to make way for business
activities; there have also been instances of
businesses hiring forces to clear indigenous
peoples from their land (the right of indig-
enous peoples not to be removed from their
lands involuntarily is discussed in greater
detail under Article 10).
Business should respect and support the
rights of indigenous peoples not to have
unwelcomed military activities take place on
their lands, and ensure that it is not directly
or indirectly involved in or supportive of
such activities. The deployment of military
or para-military forces in indigenous peo-
ples territories without the free agreement
of indigenous peoples renders it extremely
challenging, if not impossible, to subse-
quently obtain free consent to proposed
development projects in those territories.
117

A business should also make it known to the
State that it will not support the use of force
to gain access to indigenous territories.
Suggested practical actions
Respect
In cases where a State has violated or may
violate the rights in Article 30, do not
contract with the State to provide goods or
services that would support military activi-
ties on indigenous lands. Make it known to
the State why the business is not contract-
ing with it;
When operating in confict territories, en-
sure company operations do not directly or
indirectly agitate tensions related to wider
socio-political issues; and
Where business works with States that
conduct military activities on indigenous
lands, consult with indigenous peoples to
ensure that the group freely agreed to or
requested the activities. A business should
avoid beneftting from military activities
that discriminate against indigenous com-
munities opposed to resource development.
Support
Include peaceful and constructive confict
management in business operating proce-
dures, and adhere to it in addressing any
confict that directly or indirectly affects
the business.
Article 30
Military activities
117. The effects of unwanted military presence are elaborated on in
Cathal Doyle & Jill Cario Making Free, Prior & Informed Consent a
Reality, Indigenous Peoples and the Extractive Sector (2013).
Part II: UN Declaration Rights | Land and Natural Resources
73
The right
Article 31 grants indigenous peoples the
right to maintain, control, protect and devel-
op their cultural heritage, traditional knowl-
edge and cultural expressions (sometimes
referred to as cultural and intellectual
property). This right protects a broad range
of matters, including expressions of tradi-
tional culture (e.g., writings, oral traditions,
games, and artworks) and inherited scientifc
knowledge, technology and natural resources
(e.g., human remains, artefacts, landscapes
and ecosystems, traditional medicines and
other knowledge of plants and animals).
The breadth of concepts included in this
right means that existing, mainstream forms
of legal protection of intellectual property,
such as copyright and patents, are not only
inadequate for the protection of this right but
can be inherently unsuitable. For example,
current intellectual property laws require
specifcation of knowledge in sophisticated
scientifc terms, into which traditional
indigenous knowledge is not always easily
translated.
In some cases, access to genetic resources
may depend on using the traditional knowl-
edge of indigenous and local communities.
Access and beneft sharing standards such as
the Convention on Biological Diversity rec-
ognize the value of traditional knowledge by
requiring users to obtain permission to use
it, and to share any benefts that result from
its use with the communities who own it.
118
Unfortunately, there have been many
instances of bio-piracy (akin to theft of
indigenous peoples intellectual property)
Article 31
Cultural heritage and traditional knowledge
118. For business examples of Access and Beneft-Sharing partner-
ships with indigenous peoples, see the Secretariat of the Conven-
tion of Biological Diversity (2008). Access and Beneft-Sharing in
Practice: Trends in Partnerships Across Sectors. Montreal, Techni-
cal Series No. 38, 140 pages.
RELATED STANDARDS INCLUDE:
Convention on Biological Diversity, Article 8(j) afrms indigenous peoples rights to their own
traditional knowledge and has led to continued protective efforts in this forum.
CBD Article 15 and the Bonn Guidelines afrm that benets resulting from the use of genetic
resources are shared fairly and equitably between users and providers.
IFC Performance Standard 7 on Indigenous Peoples states that FPIC must be obtained for
projects that impact on indigenous peoples critical cultural heritage, including proposals to cultural
heritage such as use of indigenous peoples knowledge, innovations, or practices for commercial
purposes.
UDHR, Article 27 states that all people have the right to the protection of the moral and material
interests of products of which he or she is the author.
UNESCO Convention concerning the Protection of the World Cultural and Natural Heri-
tage, Convention on the Protection and Promotion of the Diversity of Cultural Expres-
sions, Convention for the Safeguarding of the Intangible Cultural Heritage and Convention
on the Protection of the Underwater Cultural Heritage all contain provisions relating to the
protection of cultural heritage.
The Convention on Bio-
logical Diversity (CBD) is
an international, legally
binding treaty aimed at con-
serving biodiversity, ensur-
ing its sustainable use, and
fair and equitable sharing of
benets arising from biodi-
versity resources. The CBD
Global Platform on Business
and Biodiversity provides
various tools, guidance and
case studies for business to
support biodiversity, some of
which also relate to working
with indigenous peoples. For
further information see www.
cbd.int and www.cbd.int/en/
business/
The World Intellectual
Property Organization
also recognizes traditional
knowledge, genetic resources
and traditional cultural
expressions as important
assets of indigenous peoples.
For WIPO resources on this
topic, see http://www.wipo.
int/tk/en/
Part II: UN Declaration Rights 74
where companies commercialize products
developed from natural resources, often
based on traditional knowledge but without
the consent of, or benefts fowing back to,
the affected indigenous peoples.
Business respect for this right (even
where national law provides no equivalent)
is critical to preserving indigenous peoples
cultural heritage and traditional knowl-
edge. In addition, business should consider
working with indigenous peoples to develop
such knowledge to the mutual beneft of all
parties involved.
Suggested practical actions
Respect
Obtain consent before using any cultural or
intellectual property of indigenous peoples.
Do not apply for patents or assert copyright
based on indigenous heritage materials
without such consent. Ensure that any ar-
rangements with indigenous peoples that
relate to the use of their cultural or intel-
lectual property grant them an equitable
interest in the products ultimately produced
that provides fair benefts (e.g., through
compensation or royalties). Such intellectual
property agreements should be based on
international and relevant domestic norms
so as to ensure the greatest possible protec-
tion for indigenous communities;
Obtain consent before using images or
names of indigenous peoples or the names
of past indigenous leaders as part of logos,
trademarks, trade names or in other com-
pany materials do not use images or
names that may be interpreted as disparag-
ing or that promote stereotypes;
Develop beneft-sharing arrangements
for use of genetic resources based on
traditional knowledge. This can include,
for example, equitable interest such as
compensation or royalties in the products
ultimately produced. Business and indig-
enous peoples should negotiate mutually
agreed terms for access and beneft sharing
agreements;
119
and
In manufacturing goods, do not use or ap-
propriate indigenous motifs and themes or
replicas of native products out of context
and without permission. Indigenous com-
munities reserve the right to claim and
pursue recovery of damages associated
with use of images, hieroglyphs, numerals,
and other cultural symbols that exceed the
scope of any consent.
Support
Partner with or support indigenous peoples
projects to protect and promote their cul-
tural heritage as part of the business social
responsibility programmes (e.g., databases or
native trademark initiatives and preserva-
tion of artefacts). If no such projects exist in
the relevant area, consider ways to build the
capacity of indigenous peoples to protect
and develop their cultural heritage and
traditional knowledge; and
Support indigenous communities to
establish programmes (for example, re-
search partnerships) to share and preserve
traditional ecological, cultural and heritage
knowledge.
119. For further guidance, see International Institute for Sustain-
able Developments ABS-Management Tool: Best Practice Standard
and Handbook for Implementing Genetic Resource Access and
Beneft-sharing Activities: http://www.iisd.org/pdf/2007/abs_mt.pdf
Part II: UN Declaration Rights | Land and Natural Resources
75
Examples
Respecting ecological knowledge in
the arctic
A global energy company painted all of their
vessels blue instead of red or orange because
indigenous leaders informed the company
that red and orange agitates sea life.
Pharmaceutical industry
Rather than engage in bio-piracy, some
pharmaceutical companies have employed
equitable beneft sharing arrangements with
indigenous peoples that both promote the
progress of science for the general public and
respect the heritage of indigenous peoples.
One particular company works with a
number of indigenous communities who
share their traditional knowledge of rainfor-
est plants health benefts and provide plants
to the company, from which it develops
herbal supplements, skin care and other
products. In return, a percentage of profts is
returned to indigenous communities includ-
ing through education and scholarships,
medical supplies, boats, communication and
other equipment. The company supports
the communities with commercializing and
trading their handicrafts and with legal
claims in relation to, and efforts to protect,
the rainforest.
Film industry and respect for
sacred places
A flm director wanted to use footage of a
mountain that was so sacred to local indige-
nous peoples that some community members
refrained from drawing or even looking at its
peak. The director engaged with the indig-
enous peoples to understand their position,
and agreed to flm the mountain from adja-
cent land and then used CGI special effects
to make it unrecognizable.
Traditional knowledge workshops
A mining company conducts traditional
knowledge workshops where indigenous
peoples demonstrate and share knowledge
about traditional practices and arts. The
company has hired flm crews and photogra-
phers to create a documentary, with the aim
of promoting and preserving the traditional
knowledge for the future and beneft of the
indigenous community.
Protecting native and regional
intellectual property
A U.S. based intellectual property law frm
created the frst ever pro bono practice
that uses patent and copyright law to assist
indigenous groups in protecting and leverag-
ing their right to native or regional intel-
lectual property. Indigenous communities in
developing countries are generally unable or
unaware of their ability to challenge foreign
companies benefting from products and
processes so ingrained in native culture that
they had never been considered to patent.
The small but growing practice is infuenced
by a novel concept that the economic right to
ones creations is a human right.
Nenets reindeer herders of Yamal are
getting together on Reindeer Day and
waiting for the guests.
Part II: UN Declaration Rights 76
The rights
Article 34 sets out the right of indigenous
peoples to promote, develop and maintain
their own institutional structures, customs,
traditions, spirituality, procedures and
practices, and systems of cultural expres-
sion. The Article also establishes the right of
indigenous peoples to promote, develop and
maintain their laws and legal systems, in
accordance with international human rights
standards. These rights can be seen as an ex-
ercise of the political, social and cultural di-
mensions of the right to self-determination.
The survival of indigenous customs are
at risk without coherent and informed state
and private policies towards indigenous peo-
ples generally, and indigenous practices and
structures in particular. Loss of territories,
destruction of ecosystems, restrictions on
nomadic ways of life, discriminatory policies,
lack of respect for indigenous peoples living
in voluntary isolation and a lack of recogni-
tion of indigenous customs and institutions
have all threatened the protection of indig-
enous knowledge and practices, and have
contributed to the loss of local culture.
120
The rights set out in Article 35 also rec-
ognize and support the notion that respect
for indigenous structures and practices
contributes to the sustainable and equitable
management of the environment and the
promotion of diversity and richness of civi-
lizations. Since indigenous peoples are the
primary source of information about their
cultures and how they are best preserved
and promoted, it is vital that they take a lead
role in identifying and developing processes
for protecting important cultural places,
structures and values.
Articles 34 and 35
Development and maintenance of
institutional structures and customs
IDENTITY, INSTITUTIONS AND
RELATIONS
RELATED STANDARDS INCLUDE:
ILO Convention 169, Articles 1, 8 and 9
declares the right of indigenous peoples to
retain and develop their political, economic
and social institutions, and to protect their
traditions and customs. The Convention also
declares that the customs of indigenous
peoples in regard to penal matters shall be
taken into consideration by the authorities
and courts dealing with such cases.
ICCPR and ICESCR Common Article 1,
the right to self-determination, in particular
its political, social and cultural dimensions.
120. UN Department of Economic and Social Affairs, 2009, State
of the Worlds Indigenous Peoples, http://www.un.org/esa/socdev/
unpfi/documents/SOWIP_web.pdf
121. Akw: Kon Voluntary Guidelines for the Conduct of Cultural,
Environmental and Social Impact Assessments Regarding Develop-
ments Proposed to Take Place on, or which are Likely to Impact
on, Sacred Sites and on Lands and Waters Traditionally Occupied
or Used by Indigenous and Local Communities, Secretariat of the
Convention on Biological Diversity. 2004. http://www.cbd.int/doc/
publications/akwe-brochure-en.pdf
Part II: UN Declaration Rights | Identity, Institutions and Relations
77
Suggested practical actions
Respect
Develop a cultural awareness and cultural
competency education programme for
local employees working with indigenous
peoples or in areas traditionally owned, oc-
cupied or used by indigenous peoples;
Allow indigenous peoples access to places
for ceremonies or other practices, and to
traditional resources, including plants and
waters, so that they may maintain cultural
activities;
Avoid developing on sacred places that
will infringe upon the rights of indigenous
peoples to their spiritual institutions. Con-
sider using the CBDs Akw: Kon Voluntary
Guidelines
121
; and
Consult with indigenous peoples about
the establishment of any operational-level
grievance mechanisms respecting their
traditional decision-making processes and,
where appropriate, utilize established
indigenous customary dispute resolution
procedures and mechanisms.
Support
Where possible, support existing develop-
ment, political, economic, cultural, and
social institutions (rather than establishing
new ones);
Offer to safely remove and store cultural
material from the project site until the
project is completed, at which time return
it to the indigenous peoples. Do not
proceed without the express consent of
indigenous peoples;
Repair or restore historic structures and
territories with the guidance of indigenous
peoples; and
Develop voluntary, proactive and collabora-
tive management approaches that enable
indigenous peoples to access resource sec-
tor owned leases / lands for the purpose of
practicing economic, cultural and spiritual
activity and to maintain cultural heritage.
Examples
Preservation of customary
subsistence practices
An international petroleum company de-
veloped a programme in partnership with
indigenous communities at one of its drilling
sites to protect native marine life in the case
of an oil spill, with the aim of preserving the
customary subsistence practices and econom-
ic institutions of the communities.
Mining industry
Some mining companies develop Land
Use and Participation Agreements where a
portion of revenues (or a payment per unit
of output) are put into trusts for long-term
employment, education and business devel-
opment in the region and to fund more im-
mediate community development initiatives.
Relationship Committees are also established
between the indigenous peoples and compa-
ny representatives to monitor and implement
the Agreement and to review the manage-
ment of land rights, land management,
indigenous peoples site protection, income
generation, and employment opportunities.
Part II: UN Declaration Rights 78
The rights
Articles 36 and 37 set out indigenous peoples
rights regarding international relations, both
within their communities and in their com-
munities relationships with governments.
Article 36 recognizes that indigenous
communities may not live entirely within
the boundaries of a single modern day State,
but instead may live across borders. The
Article affrms that indigenous peoples, in
particular those divided by international
borders, have the right to maintain and
develop cross-border contact with their own
peoples and with other peoples, which is
critical to the ability to maintain their com-
munities and cultures. States have a duty
to take effective measures to facilitate this
right, in consultation with the indigenous
peoples and the business community. This
means that if an indigenous community
spills across state boundaries, then the busi-
ness and State entities on both sides of the
boundary should work together, and with
the indigenous community, to ensure that
they are protecting its rights under Article
36. Businesses operating on or impacting
territories occupied by indigenous peoples
who may be divided by international borders
must ensure that their activities do not
impact the indigenous peoples ability to
carry out any cross-border contact, relations
and cooperation (e.g., because the location of
activities interferes with the routes used by
indigenous peoples).
Article 37 requires States to honour and
respect treaties, agreements, and arrange-
ments entered into with indigenous peoples.
Unfortunately there are many instances
where States have entered into treaties with
indigenous peoples and not honoured their
obligations; Article 37 affrms the right of in-
digenous peoples to recognition, observance,
and enforcement of treaties, agreements,
and arrangements concluded with States and
their successors. Business should conduct due
diligence to identify whether its activities may
be contrary to a treaty or other agreement or
arrangement between indigenous peoples and
government; for example, a government may
grant a license or permit to undertake activity
in contravention of a treaty obligation that
the government has to indigenous peoples.
Furthermore, a State may have entered into a
treaty or other arrangement with indigenous
peoples that is prejudicial towards such indig-
enous peoples rights or the terms of which
were forced upon such indigenous peoples.
As a result, the indigenous peoples concerned
may not recognize the legitimacy of such
treaty and may wish to operate outside the
scope of such treaty and/or arrangements. In
such a situation, business should seek expert
assistance in determining how it should pro-
ceed so that its activities do not have any ad-
verse impacts on the rights of the indigenous
peoples concerned and/or exacerbate tensions
with the State.
Articles 36 and 37
International relations: borders and treaties
RELATED STANDARDS INCLUDE:
ILO Convention 169, Article 32 also
requires governments to take appropriate
measures to facilitate cross-border contact
and cooperation between indigenous and
tribal peoples.
Part II: UN Declaration Rights | Identity, Institutions and Relations
79
Suggested practical actions
Respect
Ensure domestic and international projects
do not interfere with indigenous peoples
right to maintain and develop contacts
across international borders, both with
their own members and with other peo-
ples. Where a project could interfere with a
groups contacts and communications, con-
sult and work with the group to establish
alternatives for the duration of the project
and use the best international and national
safeguards to protect indigenous rights;
Respect all treaties, agreements, and other
arrangements indigenous peoples have
entered into with States. Consider these
treaties, agreements, and arrangements
to have the full force of law as any other
international treaty or agreement so long
as they are not manifestly prejudicial or
grossly inconsistent with the indigenous
peoples human rights;
When entering into an agreement with a
foreign host-government (such as a contract
relating to an investment or a business
agreement with that government), consult
with any indigenous groups that may be
affected by that business or agreement.
Seek the groups consent and enter into
a parallel agreement with the indigenous
groups; and
Where a State is not recognizing, observ-
ing, or enforcing a treaty, agreement,
or other arrangement with indigenous
peoples, do not conduct business or sup-
port activities that may in anyway further
the States disregard for the treaty, agree-
ment, or arrangement. Make it known to
the government why the business is not
proceeding with the proposed activities.
The importance of honouring treaties
was the focus of International Day of
the World's Indigenous Peoples on
August 9, 2013. Dutch Consul Gen-
eral Rob de Vos (left) and the Chief of
the Onondaga Nation, Tadodaho Sid
Hill (right), welcomed over 200 in-
digenous and non-indigenous people
who travelled hundreds of miles to
Manhattan to honor the rst treaty
the Two Row Wampum concluded
between Dutch immigrants and the
Haudenosaunee (a confederacy of six
nations, with its seat in the Onondaga
nation in New York State) in 1613.
Part II: UN Declaration Rights 80
The right
Article 38 requires States to take appropriate
measures in consultation and cooperation
with indigenous peoples to achieve the aims
of the UN Declaration.
States have a key role to play in achieving
the end goals of the UN Declaration, includ-
ing in relation to the regulation of busi-
nesses. State actions to safeguard indigenous
peoples rights can include enacting legis-
lation, publishing guidelines for develop-
ment, cooperation and engagement with
indigenous peoples to avoid exploitation, and
fostering mutually benefcial relationships.
As stated in the preamble to the UN Dec-
laration, States are encouraged to comply
with and effectively implement all their ob-
ligations as they apply to indigenous peoples
under international instruments, in particu-
lar those related to human rights, in con-
sultation and cooperation with the peoples
concerned. This highlights the mutually
reinforcing nature of the UN Declaration and
other existing international instruments,
including ILO Convention 169.
122
In addition to taking the key business ac-
tions outlined in Part I of this Guide, business-
es can promote States' compliance with the
UN Declaration. This may include engaging in
and sponsoring public policy discussions with
States and indigenous leaders and condition-
ing certain projects upon greater adherence
by the relevant State with the UN Declaration
and other human rights standards.
Suggested practical actions
Respect
Implement actions in Part I of this Guide;
and
Familiarize employees and business part-
ners with the international standards and
existing domestic legal framework that ap-
plies to engaging with indigenous peoples,
and adhere to such standards and encour-
age business partners to do the same.
Support
Engage in public policy discussions in
relation to the human rights of indigenous
peoples to encourage the development of
policies, legislation and regulation that
protect and advance these rights.
Article 38
States obligation to implement the
UN Declaration
IMPLEMENTING THE UN DECLARATION
RELATED STANDARDS INCLUDE:
ILO Convention 169, Article 2 puts States
under an international obligation to promote
the full realization of the social, economic
and cultural rights of indigenous peoples
with respect for their social and cultural
identity, their customs and traditions and
their institutions. Article 4 requires States
to adopt special measures to protect the per-
sons, institutions, property, labour, cultures
and environment of indigenous peoples.
122. See the Handbook for ILO Tripartite Constituents published
by the ILO in 2013, which states that [t]he provisions of UNDRIP
and ILO Convention 169 complement each other (page 10).
Part II: UN Declaration Rights | Implementing the UN Declaration
81
The rights
Indigenous peoples often do not have access
to the resources, fnancial or otherwise, to
protect or enforce their rights. Under Article
39, indigenous peoples have a right to receive
from States the fnancial and technical sup-
port they need to understand, promote and
achieve the rights set out in the UN Declara-
tion. To the extent States are not fulflling
such obligation, businesses should consider
providing such assistance to indigenous
peoples.
Article 40 affrms the right of indigenous
peoples to due process, just and fair proce-
dures, prompt decisions and effective rem-
edies in any confict or dispute with States
or other parties. The decision must give due
consideration to the customs, traditions,
rules and legal systems of the indigenous
peoples concerned, as well as to internation-
al human rights. Where legitimate, impar-
tial State sponsored judicial mechanisms do
not exist, business should set up grievance
mechanisms for its projects in line with the
guidance set forth in Grievance Mecha-
nisms in Part I of this Guide.
Suggested practical actions
Support
Support indigenous peoples to gain inde-
pendent fnancial and technical assistance
and advice to enable them to understand,
promote and enforce their rights.
Examples
Translating International Human
Rights Standards into Indigenous
Languages
An extractive company partnered with the
local national offce of the UN High Commis-
sioner for Human Rights to publish the UN
Universal Declaration of Human Rights and
the UN Declaration on the Rights of Indige-
nous Peoples into local indigenous languages.
Articles 39 and 40
Adjudication of conicts and access to
assistance
RELATED STANDARDS INCLUDE:
UDHR, Article 8 declares the right of all
people to an effective remedy for any acts
that violate the fundamental rights granted
by the constitution or by law.
ICCPR, Article 2 guarantees access to, and
enforcement of, an effective remedy for any
person whose rights and freedoms recog-
nized by the Covenant have been violated.
Part II: UN Declaration Rights 82 Part II: UN Declaration Rights | Implementing the UN Declaration
A Maori carver has been supported by his iwi (tribe) to study the time-honoured practice of Maori carving at the New Zealand Maori Arts and Crafts Institute.
83
The rights
Articles 41 and 42 are a call to action for
States, intergovernmental organizations and
UN agencies to contribute to the realization
of the provisions of the UN Declaration and
to promote and apply respect for the rights
set out in the UN Declaration.
Businesses may partner with UN agen-
cies, inter-governmental or governmental
organizations to facilitate implementation
of the UN Declaration. Businesses can also
partner with indigenous representative
bodies. Businesses can reference and incor-
porate the principles of the UN Declaration
into their human rights and/or indigenous
peoples policies as a strong signal of their
commitment.
Suggested practical actions
Support
Engage in public policy discussions in
relation to the human rights of indigenous
peoples to encourage the development of
policies, legislation and regulation that pro-
tects and advances the rights of indigenous
peoples;
Participate in, organize or otherwise en-
courage discussions (e.g., forums, confer-
ences, etc.) to promote indigenous peoples
rights and share progress and different
approaches to the implementation of the
UN Declaration. Consider closely involving
indigenous representatives and concerned
UN agencies, inter-governmental or govern-
mental organizations and others in such
discussions to enhance the effectiveness of
such mutual learning platforms;
Become a signatory to the UN Global Com-
pact and take immediate practical actions
to implement its principles with respect
to human rights (including indigenous
peoples rights), labour, environment and
anti-corruption. Submit to means of public
accountability and transparency by mak-
ing such actions public through annual
submissions of the Communication on
Progress as required for participation; and
Provide fnancial support to UN or other
initiatives focused on the implementation
of the UN Declaration at the country level,
including, for example, the United Nations
Indigenous Peoples Partnership (UNIPP)
established by the ILO, OHCHR, UNDP,
UNICEF and UNFPA.
Examples
United Nations Indigenous Peoples
Partnership (UNIPP)
UNIPP seeks to facilitate the implementation
of international standards on indigenous
peoples, in particular the UN Declaration
and ILO Convention 169. The initiative
seeks to enable dialogue and understanding
between indigenous peoples, governments,
civil society and business through partner-
ship. UNIPP has established a multi-partner
trust fund to mobilize and manage resources
to implement its strategic policies.
123

Articles 41 and 42
Promotion of the rights
123. For further information, see http://www.ilo.org/wcmsp5/
groups/public/---ed_norm/---normes/documents/publication/
wcms_186285.pdf and http://mptf.undp.org/factsheet/fund/IPP00
Part II: UN Declaration Rights 84
The right
Article 43 provides that the rights recog-
nized in the UN Declaration are the mini-
mum standards required for indigenous
peoples survival, dignity and well-being.
This provision recognizes that there are
many circumstances in which higher stan-
dards are required. In their engagement with
indigenous peoples, businesses should ensure
that they respect the rights set out in the UN
Declaration, and consider whether further
action is required to fully respect the rights
and well-being of the indigenous peoples
concerned. Businesses are also encouraged
to take voluntary actions to promote and
advance indigenous peoples rights, includ-
ing through core business activities, strategic
social investments, philanthropy, advocacy
and public policy engagement, and partner-
ship and collective action. Such activities
should be undertaken in collaboration with
indigenous peoples.
Suggested practical actions
Support
Engage in public policy discussions in
relation to the human rights of indigenous
peoples to encourage the development of
policies, legislation and regulation that
protect and advance such rights;
Participate in, organize or otherwise en-
courage discussions (e.g., forums, confer-
ences, etc.) to promote indigenous peoples
rights and share progress and different
approaches to the implementation of the
UN Declaration. Consider closely involving
indigenous representatives and concerned
UN agencies, inter-governmental or govern-
mental organizations and others in such
discussions to enhance the effectiveness of
such mutual learning platforms; and
Become a signatory to the UN Global Com-
pact and take immediate practical actions
to implement its principles with respect
to human rights (including indigenous
peoples rights), labour, environment and
anti-corruption.
Article 43
The UN Declaration as minimum standards
Part II: UN Declaration Rights | Implementing the UN Declaration
A Heiltsuk canoe or
"Glwa" at the Qatuwas
Festival, an international
gathering of maritime
indigenous nations of the
Pacic Rim, Bella Bella,
Canada.
85
Articles 45 and 46 do not set forth any rights
per se; instead, they provide guidance on
how to interpret the provisions, and resulting
rights and obligations, of the UN Declaration.
These Articles are essential and should not be
disregarded, but rather read in conjunction
with the other Articles of the UN Declaration.
Article 45 provides that the UN Declara-
tion may not be construed as diminishing or
extinguishing the rights indigenous peoples
have now or may acquire in the future. This
means that the UN Declaration cannot be
used to invalidate or limit any existing rights
that indigenous peoples may have that are
not refected in the UN Declaration. In ad-
dition, the UN Declaration may not be used
to limit other rights, or the interpretation
of existing rights, that may arise with the
passage of time. The international human
rights framework is a fuid body that may
change over time; a human rights declara-
tion entered into at a given time should not
be viewed as an exhaustive list of rights for
future generations.
Article 46 is divided into the following
three parts:
Article 46(1) provides assurance that the UN
Declaration will not be read in a way that
conficts with the Charter of the United
Nations and that in its elaboration of the
rights of indigenous peoples does not
advocate the dismemberment of a States
territorial integrity or political unity.
Article 46(2) further recognizes that, in
certain exceptional circumstances, the
exercise of the rights set forth in the UN
Declaration may be limited by a govern-
ment; however, such limitations must be
promulgated and applied in accordance
with international human rights obliga-
tions in a non-discriminatory matter and
as strictly necessary solely for the purposes
of avoiding the violation of rights and
freedoms of others and for meeting the just
and most compelling requirements of a
democratic society. This provides that any
limitations on the UN Declaration applied
by a State will be implemented in a man-
ner that is consistent with the international
human rights framework and the spirit of
the UN Declaration.
Finally, and perhaps most importantly,
Article 46(3) establishes that each provision
in the UN Declaration must be inter-
preted in accordance with the principles
of justice, democracy, respect for human
rights, equality, non-discrimination, good
governance and good faith. This standard
applies to all provisions in the UN Declara-
tion, including the preceding discussion on
limitations, and ensures that action taken
in respect of the UN Declaration is sincere
and not mere lip-service.
Business should be mindful of these Articles
when determining its obligations under the
UN Declaration in any given situation.
Articles 45 and 46
Interpretative Guidance
Part II: UN Declaration Rights 86
Appendix: UN Declaration on the Rights
of Indigenous Peoples
THE GENERAL ASSEMBLY,
Guided by the purposes and principles of the
Charter of the United Nations, and good faith
in the fulflment of the obligations assumed
by States in accordance with the Charter,
Affrming that indigenous peoples are equal
to all other peoples, while recognizing the
right of all peoples to be different, to consid-
er themselves different, and to be respected
as such,
Affrming also that all peoples contribute to
the diversity and richness of civilizations
and cultures, which constitute the common
heritage of humankind,
Affrming further that all doctrines, policies
and practices based on or advocating superi-
ority of peoples or individuals on the basis of
national origin or racial, religious, ethnic or
cultural differences are racist, scientifcally
false, legally invalid, morally condemnable
and socially unjust,
Reaffrming that indigenous peoples, in the
exercise of their rights, should be free from
discrimination of any kind,
Concerned that indigenous peoples have suf-
fered from historic injustices as a result of,
inter alia, their colonization and disposses-
sion of their lands, territories and resources,
thus preventing them from exercising, in
particular, their right to development in ac-
cordance with their own needs and interests,
Recognizing the urgent need to respect and
promote the inherent rights of indigenous
peoples which derive from their political,
economic and social structures and from
their cultures, spiritual traditions, histories
and philosophies, especially their rights to
their lands, territories and resources,
Recognizing also the urgent need to respect
and promote the rights of indigenous peoples
affrmed in treaties, agreements and other
constructive arrangements with States,
Welcoming the fact that indigenous peoples are
organizing themselves for political, economic,
social and cultural enhancement and in order
to bring to an end all forms of discrimination
and oppression wherever they occur,
Convinced that control by indigenous peoples
over developments affecting them and their
lands, territories and resources will enable
them to maintain and strengthen their
institutions, cultures and traditions, and to
promote their development in accordance
with their aspirations and needs,
Recognizing that respect for indigenous
knowledge, cultures and traditional practices
contributes to sustainable and equitable
development and proper management of the
environment,
Emphasizing the contribution of the de-
militarization of the lands and territories of
indigenous peoples to peace, economic and
social progress and development, under-
standing and friendly relations among na-
tions and peoples of the world,
Recognizing in particular the right of indigenous
families and communities to retain shared
responsibility for the upbringing, training,
education and well-being of their children,
consistent with the rights of the child,
Considering that the rights affrmed in trea-
ties, agreements and other constructive
arrangements between States and indigenous
peoples are, in some situations, matters of
international concern, interest, responsibil-
ity and character,
87
Considering also that treaties, agreements and
other constructive arrangements, and the
relationship they represent, are the basis for
a strengthened partnership between indig-
enous peoples and States,
Acknowledging that the Charter of the United
Nations, the International Covenant on
Economic, Social and Cultural Rights and the
International Covenant on Civil and Political
Rights, as well as the Vienna Declaration and
Programme of Action, affrm the funda-
mental importance of the right to self-deter-
mination of all peoples, by virtue of which
they freely determine their political status
and freely pursue their economic, social and
cultural development,
Bearing in mind that nothing in this Declara-
tion may be used to deny any peoples their
right to self-determination, exercised in
conformity with international law,
Convinced that the recognition of the rights
of indigenous peoples in this Declaration
will enhance harmonious and cooperative
relations between the State and indigenous
peoples, based on principles of justice,
democracy, respect for human rights, non-
discrimination and good faith,
Encouraging States to comply with and ef-
fectively implement all their obligations as
they apply to indigenous peoples under in-
ternational instruments, in particular those
related to human rights, in consultation and
cooperation with the peoples concerned,
Emphasizing that the United Nations has an
important and continuing role to play in
promoting and protecting the rights of indig-
enous peoples,
Believing that this Declaration is a further
important step forward for the recognition,
promotion and protection of the rights and
freedoms of indigenous peoples and in the
development of relevant activities of the
United Nations system in this feld,
Recognizing and reaffrming that indigenous in-
dividuals are entitled without discrimination
to all human rights recognized in interna-
tional law, and that indigenous peoples pos-
sess collective rights which are indispensable
for their existence, well-being and integral
development as peoples,
Recognizing that the situation of indigenous
peoples varies from region to region and
from country to country and that the signif-
cance of national and regional particularities
and various historical and cultural back-
grounds should be taken into consideration,
Solemnly proclaims the following United Na-
tions Declaration on the Rights of Indigenous
Peoples as a standard of achievement to be
pursued in a spirit of partnership and mu-
tual respect:
Article 1
Indigenous peoples have the right to the full
enjoyment, as a collective or as individu-
als, of all human rights and fundamental
freedoms as recognized in the Charter of the
United Nations, the Universal Declaration of
Human Rights4 and international human
rights law.
Article 2
Indigenous peoples and individuals are free
and equal to all other peoples and individu-
als and have the right to be free from any
kind of discrimination, in the exercise of
their rights, in particular that based on their
indigenous origin or identity.
Article 3
Indigenous peoples have the right to self-
determination. By virtue of that right they
freely determine their political status and
freely pursue their economic, social and
cultural development.
Article 4
Indigenous peoples, in exercising their
right to self-determination, have the right
to autonomy or self-government in matters
relating to their internal and local affairs, as
well as ways and means for fnancing their
autonomous functions.
Article 5
Indigenous peoples have the right to maintain
and strengthen their distinct political, legal,
economic, social and cultural institutions,
while retaining their right to participate fully,
if they so choose, in the political, economic,
social and cultural life of the State.
Part II: UN Declaration Rights 88
Article 6
Every indigenous individual has the right to
a nationality.
Article 7
1. Indigenous individuals have the rights to
life, physical and mental integrity, liberty
and security of person.
2. Indigenous peoples have the collec-
tive right to live in freedom, peace and
security as distinct peoples and shall not
be subjected to any act of genocide or
any other act of violence, including forc-
ibly removing children of the group to
another group.
Article 8
1. Indigenous peoples and individuals have
the right not to be subjected to forced as-
similation or destruction of their culture.
2. States shall provide effective mechanisms
for prevention of, and redress for:
a. Any action which has the aim or effect
of depriving them of their integrity as
distinct peoples, or of their cultural
values or ethnic identities;
b. Any action which has the aim or effect
of dispossessing them of their lands, ter-
ritories or resources;
c. Any form of forced population transfer
which has the aim or effect of violating
or undermining any of their rights;
d. Any form of forced assimilation or inte-
gration;
e. Any form of propaganda designed to pro-
mote or incite racial or ethnic discrimi-
nation directed against them.
Article 9
Indigenous peoples and individuals have the
right to belong to an indigenous community
or nation, in accordance with the traditions
and customs of the community or nation
concerned. No discrimination of any kind
may arise from the exercise of such a right.
Article 10
Indigenous peoples shall not be forcibly
removed from their lands or territories. No
relocation shall take place without the free,
prior and informed consent of the indige-
nous peoples concerned and after agreement
on just and fair compensation and, where
possible, with the option of return.
Article 11
1. Indigenous peoples have the right to
practise and revitalize their cultural
traditions and customs. This includes the
right to maintain, protect and develop the
past, present and future manifestations
of their cultures, such as archaeological
and historical sites, artefacts, designs,
ceremonies, technologies and visual and
performing arts and literature.
2. States shall provide redress through ef-
fective mechanisms, which may include
restitution, developed in conjunction with
indigenous peoples, with respect to their
cultural, intellectual, religious and spiri-
tual property taken without their free,
prior and informed consent or in violation
of their laws, traditions and customs.
Article 12
1. Indigenous peoples have the right to man-
ifest, practise, develop and teach their
spiritual and religious traditions, customs
and ceremonies; the right to maintain,
protect, and have access in privacy to
their religious and cultural sites; the right
to the use and control of their ceremonial
objects; and the right to the repatriation
of their human remains.
2. States shall seek to enable the access and/
or repatriation of ceremonial objects
and human remains in their possession
through fair, transparent and effective
mechanisms developed in conjunction
with indigenous peoples concerned.
Article 13
1. Indigenous peoples have the right to revi-
talize, use, develop and transmit to future
generations their histories, languages,
oral traditions, philosophies, writing sys-
tems and literatures, and to designate and
retain their own names for communities,
places and persons.
2. States shall take effective measures to en-
sure that this right is protected and also
to ensure that indigenous peoples can
understand and be understood in politi-
cal, legal and administrative proceedings,
where necessary through the provision
of interpretation or by other appropriate
means.
89
Article 14
1. Indigenous peoples have the right to
establish and control their educational
systems and institutions providing educa-
tion in their own languages, in a manner
appropriate to their cultural methods of
teaching and learning.
2. Indigenous individuals, particularly
children, have the right to all levels and
forms of education of the State without
discrimination.
3. States shall, in conjunction with indig-
enous peoples, take effective measures, in
order for indigenous individuals, par-
ticularly children, including those living
outside their communities, to have access,
when possible, to an education in their
own culture and provided in their own
language.
Article 15
1. Indigenous peoples have the right to the
dignity and diversity of their cultures,
traditions, histories and aspirations
which shall be appropriately refected in
education and public information.
2. States shall take effective measures, in
consultation and cooperation with the
indigenous peoples concerned, to combat
prejudice and eliminate discrimination
and to promote tolerance, understanding
and good relations among indigenous
peoples and all other segments of society.
Article 16
1. Indigenous peoples have the right to
establish their own media in their own
languages and to have access to all forms
of non-indigenous media without dis-
crimination.
2. States shall take effective measures to
ensure that State-owned media duly
refect indigenous cultural diversity.
States, without prejudice to ensuring full
freedom of expression, should encour-
age privately owned media to adequately
refect indigenous cultural diversity.
Article 17
1. Indigenous individuals and peoples have
the right to enjoy fully all rights estab-
lished under applicable international and
domestic labour law.
2. States shall in consultation and coopera-
tion with indigenous peoples take specifc
measures to protect indigenous children
from economic exploitation and from
performing any work that is likely to be
hazardous or to interfere with the childs
education, or to be harmful to the childs
health or physical, mental, spiritual, moral
or social development, taking into account
their special vulnerability and the impor-
tance of education for their empowerment.
3. Indigenous individuals have the right not
to be subjected to any discriminatory con-
ditions of labour and, inter alia, employ-
ment or salary.
Article 18
Indigenous peoples have the right to partici-
pate in decision-making in matters which
would affect their rights, through represen-
tatives chosen by themselves in accordance
with their own procedures, as well as to
maintain and develop their own indigenous
decision-making institutions.
Article 19
States shall consult and cooperate in good
faith with the indigenous peoples concerned
through their own representative institu-
tions in order to obtain their free, prior
and informed consent before adopting and
implementing legislative or administrative
measures that may affect them.
Article 20
1. Indigenous peoples have the right to
maintain and develop their political, eco-
nomic and social systems or institutions,
to be secure in the enjoyment of their
own means of subsistence and develop-
ment, and to engage freely in all their
traditional and other economic activities.
2. Indigenous peoples deprived of their
means of subsistence and development
are entitled to just and fair redress.
Part II: UN Declaration Rights 90
Article 21
1. Indigenous peoples have the right, with-
out discrimination, to the improvement
of their economic and social conditions,
including, inter alia, in the areas of
education, employment, vocational train-
ing and retraining, housing, sanitation,
health and social security.
2. States shall take effective measures and,
where appropriate, special measures to
ensure continuing improvement of their
economic and social conditions. Particu-
lar attention shall be paid to the rights
and special needs of indigenous elders,
women, youth, children and persons with
disabilities.
Article 22
1. Particular attention shall be paid to the
rights and special needs of indigenous el-
ders, women, youth, children and persons
with disabilities in the implementation of
this Declaration.
2. States shall take measures, in conjunction
with indigenous peoples, to ensure that
indigenous women and children enjoy the
full protection and guarantees against all
forms of violence and discrimination.
Article 23
Indigenous peoples have the right to deter-
mine and develop priorities and strategies
for exercising their right to development. In
particular, indigenous peoples have the right
to be actively involved in developing and
determining health, housing and other eco-
nomic and social programmes affecting them
and, as far as possible, to administer such
programmes through their own institutions.
Article 24
1. Indigenous peoples have the right to their
traditional medicines and to maintain
their health practices, including the
conservation of their vital medicinal
plants, animals and minerals. Indigenous
individuals also have the right to access,
without any discrimination, to all social
and health services.
2. Indigenous individuals have an equal
right to the enjoyment of the highest at-
tainable standard of physical and mental
health. States shall take the necessary
steps with a view to achieving progres-
sively the full realization of this right.
Article 25
Indigenous peoples have the right to main-
tain and strengthen their distinctive spiri-
tual relationship with their traditionally
owned or otherwise occupied and used lands,
territories, waters and coastal seas and other
resources and to uphold their responsibilities
to future generations in this regard.
Article 26
1. Indigenous peoples have the right to the
lands, territories and resources which
they have traditionally owned, occupied
or otherwise used or acquired.
2. Indigenous peoples have the right to
own, use, develop and control the lands,
territories and resources that they possess
by reason of traditional ownership or
other traditional occupation or use, as
well as those which they have otherwise
acquired.
3. States shall give legal recognition and
protection to these lands, territories and
resources. Such recognition shall be con-
ducted with due respect to the customs,
traditions and land tenure systems of the
indigenous peoples concerned.
Article 27
States shall establish and implement, in
conjunction with indigenous peoples con-
cerned, a fair, independent, impartial, open
and transparent process, giving due recogni-
tion to indigenous peoples laws, traditions,
customs and land tenure systems, to recog-
nize and adjudicate the rights of indigenous
peoples pertaining to their lands, territories
and resources, including those which were
traditionally owned or otherwise occupied or
used. Indigenous peoples shall have the right
to participate in this process.
Article 28
1. Indigenous peoples have the right to
redress, by means that can include resti-
tution or, when this is not possible, just,
fair and equitable compensation, for the
lands, territories and resources which
they have traditionally owned or other-
wise occupied or used, and which have
been confscated, taken, occupied, used
or damaged without their free, prior and
informed consent.
2. Unless otherwise freely agreed upon by
the peoples concerned, compensation
shall take the form of lands, territories
91
and resources equal in quality, size and
legal status or of monetary compensation
or other appropriate redress.
Article 29
1. Indigenous peoples have the right to
the conservation and protection of the
environment and the productive capacity
of their lands or territories and resources.
States shall establish and implement
assistance programmes for indigenous
peoples for such conservation and protec-
tion, without discrimination.
2. States shall take effective measures to
ensure that no storage or disposal of haz-
ardous materials shall take place in the
lands or territories of indigenous peoples
without their free, prior and informed
consent.
3. States shall also take effective measures
to ensure, as needed, that programmes
for monitoring, maintaining and restor-
ing the health of indigenous peoples,
as developed and implemented by the
peoples affected by such materials, are
duly implemented.
Article 30
1. Military activities shall not take place
in the lands or territories of indigenous
peoples, unless justifed by a relevant
public interest or otherwise freely agreed
with or requested by the indigenous
peoples concerned.
2. States shall undertake effective consulta-
tions with the indigenous peoples con-
cerned, through appropriate procedures
and in particular through their represen-
tative institutions, prior to using their
lands or territories for military activities.
Article 31
1. Indigenous peoples have the right to
maintain, control, protect and develop
their cultural heritage, traditional knowl-
edge and traditional cultural expres-
sions, as well as the manifestations of
their sciences, technologies and cultures,
including human and genetic resources,
seeds, medicines, knowledge of the prop-
erties of fauna and fora, oral traditions,
literatures, designs, sports and traditional
games and visual and performing arts.
They also have the right to maintain, con-
trol, protect and develop their intellec-
tual property over such cultural heritage,
traditional knowledge, and traditional
cultural expressions.
2. In conjunction with indigenous peoples,
States shall take effective measures to
recognize and protect the exercise of
these rights.
Article 32
1. Indigenous peoples have the right to de-
termine and develop priorities and strate-
gies for the development or use of their
lands or territories and other resources.
2. States shall consult and cooperate in
good faith with the indigenous peoples
concerned through their own representa-
tive institutions in order to obtain their
free and informed consent prior to the
approval of any project affecting their
lands or territories and other resources,
particularly in connection with the de-
velopment, utilization or exploitation of
mineral, water or other resources.
3. States shall provide effective mechanisms
for just and fair redress for any such
activities, and appropriate measures shall
be taken to mitigate adverse environmen-
tal, economic, social, cultural or spiritual
impact.
Article 33
1. Indigenous peoples have the right to
determine their own identity or member-
ship in accordance with their customs and
traditions. This does not impair the right
of indigenous individuals to obtain citizen-
ship of the States in which they live.
2. Indigenous peoples have the right to
determine the structures and to select the
membership of their institutions in accor-
dance with their own procedures.
Article 34
Indigenous peoples have the right to pro-
mote, develop and maintain their institution-
al structures and their distinctive customs,
spirituality, traditions, procedures, practices
and, in the cases where they exist, juridical
systems or customs, in accordance with inter-
national human rights standards.
Part II: UN Declaration Rights 92
Article 35
Indigenous peoples have the right to deter-
mine the responsibilities of individuals to
their communities.
Article 36
1. Indigenous peoples, in particular those
divided by international borders, have the
right to maintain and develop contacts,
relations and cooperation, including
activities for spiritual, cultural, political,
economic and social purposes, with their
own members as well as other peoples
across borders.
2. States, in consultation and cooperation
with indigenous peoples, shall take ef-
fective measures to facilitate the exercise
and ensure the implementation of this
right.
Article 37
1. Indigenous peoples have the right to the
recognition, observance and enforce-
ment of treaties, agreements and other
constructive arrangements concluded
with States or their successors and to have
States honour and respect such treaties,
agreements and other constructive ar-
rangements.
2. Nothing in this Declaration may be inter-
preted as diminishing or eliminating the
rights of indigenous peoples contained in
treaties, agreements and other construc-
tive arrangements.
Article 38
States, in consultation and cooperation with
indigenous peoples, shall take the appropri-
ate measures, including legislative measures,
to achieve the ends of this Declaration.
Article 39
Indigenous peoples have the right to have
access to fnancial and technical assistance
from States and through international
cooperation, for the enjoyment of the rights
contained in this Declaration.
Article 40
Indigenous peoples have the right to access
to and prompt decision through just and fair
procedures for the resolution of conficts and
disputes with States or other parties, as well
as to effective remedies for all infringements
of their individual and collective rights. Such
a decision shall give due consideration to the
customs, traditions, rules and legal systems
of the indigenous peoples concerned and
international human rights.
Article 41
The organs and specialized agencies of the
United Nations system and other intergov-
ernmental organizations shall contribute to
the full realization of the provisions of this
Declaration through the mobilization, inter
alia, of fnancial cooperation and techni-
cal assistance. Ways and means of ensuring
participation of indigenous peoples on issues
affecting them shall be established.
Article 42
The United Nations, its bodies, including the
Permanent Forum on Indigenous Issues, and
specialized agencies, including at the coun-
try level, and States shall promote respect for
and full application of the provisions of this
Declaration and follow up the effectiveness
of this Declaration.
Article 43
The rights recognized herein constitute the
minimum standards for the survival, dignity
and well-being of the indigenous peoples of
the world.
Article 44
All the rights and freedoms recognized
herein are equally guaranteed to male and
female indigenous individuals.
Article 45
Nothing in this Declaration may be con-
strued as diminishing or extinguishing the
rights indigenous peoples have now or may
acquire in the future.
93
Article 46
1. Nothing in this Declaration may be inter-
preted as implying for any State, people,
group or person any right to engage in
any activity or to perform any act con-
trary to the Charter of the United Nations
or construed as authorizing or encourag-
ing any action which would dismember
or impair, totally or in part, the territori-
al integrity or political unity of sovereign
and independent States.
2. In the exercise of the rights enunciated
in the present Declaration, human rights
and fundamental freedoms of all shall
be respected. The exercise of the rights
set forth in this Declaration shall be
subject only to such limitations as are
determined by law and in accordance
with international human rights obli-
gations. Any such limitations shall be
non-discriminatory and strictly necessary
solely for the purpose of securing due
recognition and respect for the rights and
freedoms of others and for meeting the
just and most compelling requirements of
a democratic society.
3. The provisions set forth in this Declara-
tion shall be interpreted in accordance
with the principles of justice, democracy,
respect for human rights, equality, non-
discrimination, good governance and
good faith.
PHOTO CREDITS:
Page 9 551238/UN Photo/Rick Bajornas
Page 24 UN Global Compact/Caitlin Casey
Page 28 Este Lauder
Page 31 Maasai Women for Education and Economic
Development
Page 33 LRC-KsK/Friends of the Earth Philippines
Page 39 New Zealand Maori Arts and Crafts Institute
Page 43 75184/UN Photo/John Isaac
Page 51 UNICEF/NYHQ 2009-0248/Josh Estey
Page 53 UNICEF/NYHQ2006-2434/Susan Markisz
Page 56 KPMG Australia/Daniel Linnet
Page 56 Mercado Global
Page 58 UNICEF/NYHQ2009-2553/Graeme Williams
Page 60 UNICEF/NYHQ2007-2847/Jim Holmes
Page 62 UNICEF/NYHQ2006-2430/Susan Markisz
Page 62 New Zealand Maori Arts and Crafts Institute
Page 67 547486/UN Photo/Aulia Erlangga
Page 75 Sergey Khudi
Page 77 New Zealand Maori Arts and Crafts Institute
Page 79 558222/UN Photo/Rick Bajornas
Page 82 New Zealand Maori Arts and Crafts Institute
Page 84 108899/UN Photo/John Isaac
Published by the UN Global Compact Ofce
Contact: [email protected]
December 2013
HUMAN RIGHTS
Businesses should support and respect the protection of
internationally proclaimed human rights; and
make sure that they are not complicit in human rights abuses.
LABOUR
Businesses should uphold the freedom of association and the
effective recognition of the right to collective bargaining;
the elimination of all forms of forced and compulsory labour;
the effective abolition of child labour; and
the elimination of discrimination in respect of employment
and occupation.
ENVIRONMENT
Businesses should support a precautionary approach to
environmental challenges;
undertake initiatives to promote greater environmental
responsibility; and
encourage the development and diffusion of
environmentally friendly technologies.
ANTI-CORRUPTION
Businesses should work against corruption in all its forms,
including extortion and bribery.
Principle 1
Principle 2
Principle 3
Principle 4
Principle 5
Principle 6
Principle 7
Principle 8
Principle 9
Principle 10
The Ten Principles of the
United Nations Global Compact
The UN Global Compact calls on business leaders to embrace and enact the
following set of universal principles within their sphere of infuence.