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Indigenous Peoples, Human Rights and Advocacy: A Training Program in Human Rights and Advocacy for Indigenous Advocates from the Asia-Pacific Region


March 22 – 30, 2010 

Chiang Mai       

‘The Asia Indigenous Peoples Pact (AIPP) is a regional organization established by indigenous peoples’ organizations in 1992 to strengthen the struggles, cooperation and solidarity among indigenous peoples across Asia. AIPP is committed to the cause of defending and revitalizing indigenous systems; institutions and their control over their ancestral homelands; and their own development and future.

AIPP is guided by its Charter and Working Guidelines agreed upon by its General Assembly. At present, AIPP has members from 14 Countries and has broad network for cooperation and solidarity with other organizations, institutions and advocates at national,regional and global levels.’
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Submission to the OHCHR Print

Submission to the Office of the Commissioner for Human Rights (OHCHR) Consultation on Business and Human Rights

by: Asia Indigenous Peoples Pact (AIPP)

 

In line with the issue of business and human rights with specific reference to the work of SRSG John Ruggie and the agenda of the consultation we provide the following recommendations:


1. To be able to operational the protection framework for business activities affecting indigenous peoples, states, corporations and other business enterprises need to ensure the full and effective consultation and participation of indigenous communities through the conduct of Free, Prior and Informed Consent (FPIC) process as an exercise of their collective right to their land, territories and resources, and their right to self determination, consistent with the UN Declaration on the Rights of Indigenous Peoples and other international instruments. This shall include the preliminary conduct of independent environmental and social impact/ risks assessments in consultation with indigenous peoples to ascertain the potential adverse impacts of business activities to their land and resources, livelihoods, culture and ways of life. 

1. The collective rights of indigenous peoples particularly to their lands, territories and resources must be respected. Any potential displacements of indigenous peoples should not take place without with consent. Further, the livelihood sources and activities of indigenous communities must also be protected, and any adverse impacts of business activities must provide for full compensation and concrete provisions for sustainable sources of livelihoods, including benefit-sharing schemes subject to their FPIC to ensure that the rights of affected indigenous communities will are respected and they do not become worst off in the conduct of business activities in their territories.

 

2. The principles and substance of FPIC should be incorporated in Guidelines or Policies for Corporate Social Responsibility and accountability on their activities affecting indigenous communities. Parties should establish an open, free and transparent dialogue allowing them to find appropriate solutions in an atmosphere of mutual respect, in good faith, and based on the full and effective participation of affected indigenous communities, including women and youth. FPIC requires comprehensive procedure and sufficient time determined by affected indigenous communities to understand, analyze and collectively deliberate on the complete and accurate information provided to them in forms and language understood by them; and undertake their own independent and collective decision making process based on their own customs and other considerations.

 

3.  To establish accessible independent monitoring and compliance mechanism for the conduct of FPIC to include indigenous experts and has the mandate to act and resolve complaints or grievances of affected indigenous communities.  Assistance shall be provided to indigenous communities to ensure access to this mechanism.
 
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