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6 December 2202
In the context of Indigenous Peoples’ participation in the 11th UN Forum on Business and Human Rights, the Indigenous Caucus made statements at both the opening plenary and closing sessions warning that Indigenous Peoples’ survival as distinct peoples is under threat.
While the implementation of the Guiding Principles on Business and Human Rights has helped to raise awareness on and attention to Indigenous Peoples’ rights and concerns in relation to business endeavours, more decisive action by states and companies, especially at national and local levels, is urgently needed.
The Caucus noted that Indigenous lands and territories are under extreme pressure and that Indigenous fundamental human rights continue to be violated amidst corporate operations, with Indigenous Peoples having little to no protection by states and no access to redress and justice.
The Caucus also disagreed with claims by the business community and some states that they should be “less ambitious” and “practical” in implementing the Guiding Principles.
“Respect for Indigenous Peoples rights is not optional, neither for states nor for business. These rights are enshrined in the UN Declaration on the Rights of Indigenous Peoples and in international human rights law. National legislation on corporate activities cannot dilute our rights over our lands, forests, seas and oceans, over our cultural heritage and our rights to participation and free prior and informed consent,” warns the Caucus’ closing statement.
Furthermore, both statements drew particular attention to the increasing cases of intimidation and criminalisation when facing corporate operations: More than 2000 Indigenous rights defenders have been killed worldwide for defending their land rights in the last 24 months.
“States have adopted legislation to protect companies and investments that is not in line with their human rights obligations. In some cases, security forces are deployed in our territories increasing violence and human rights violations,” notes the closing document.
Against this backdrop, the Caucus stressed that strong accountability and grievance mechanisms are needed, with clear parameters on access to information and justice in different jurisdictions, and clear processes for fair redress when violations of Indigenous rights occur.
“Due to their economic power and strong influence over states, companies are often not held accountable for their involvement in human rights violations, including land grabbing or violation of the obligation to free, prior and informed consent of affected Indigenous Peoples, among others,” noted the opening statement.
Moreover, it called for ensuring the meaningful participation of Indigenous Peoples and the inclusion of their collective rights in National Action Plans (NAPs): “As evidenced in the first decade of implementation, the ongoing invisibility of Indigenous Peoples in the preparation and implementation of NAPs is not only alarming, but also blatantly violates the spirit of the Guiding Principles”.
Finally, the Caucus expressed its solidarity with Anexa Alfred Cunningham, member of the Expert Mechanism on the Rights of Indigenous Peoples (EMRIP), who has been denied return to her country by the Nicaragua #
