Indigenous Peoples and the United Nations Guiding Principles on Business and Human Rights

Background

From 13^th September to 1^st October 2021, the Human Rights Council (HRC) will celebrate its 48^th Session. During the session, the Council will discuss the annual reports of the United Nations Special Rapporteur on the Rights of Indigenous Peoples and the Expert Mechanism on the Rights of Indigenous Peoples. It will also discuss the report of the Office of the High Commissioner on Human Rights on indigenous peoples' human rights. In addition, on September 28^th the HRC will host the Annual Panel on the Rights of Indigenous Peoples.^[1]

In this context, the International Work Group on Indigenous Affairs and Indigenous Peoples Rights International (IPRI) would like to highlight the situation of Indigenous Peoples’ rights defenders in the context of business-related activities.

Considering the impact of business-related activities on human rights, it is fundamental that Indigenous Peoples issues are properly addressed by the Human Rights Council and its mechanisms, particularly in current processes related to human rights and business. Indigenous Peoples should be included in the current discussions regarding the Road Map for the next decade of implementation of the United Nations Guiding Principles (UNGP+). The Roadmap is currently being developed by the Working Group on Business and Human Rights. In addition, the current intergovernmental negotiations on a legally binding instrument on the issues and other regional processes such as the EU Mandatory Due Diligence.

The adoption of the UN Guiding Principles on Business and Human Rights (UNGP) in 2011 was a milestone achievement by the international community. The first decade of implementation has seen significant progress in terms of policy-level commitments to protect and respect human rights the context of business activities. These developments have helped raise awareness and attention to the concerns of Indigenous Peoples in relation to business. Nonetheless, Indigenous Peoples continue facing gross human rights violations related to business activities in their traditional lands and territories.

IWGIA and IPRI have recently launched several initiatives to respond to these issues, including the capacity-building of indigenous peoples on the ground. These include the publication “The UN Guiding Principles on Business & Human Rights and Indigenous Peoples – Progress achieved, the implementation gap and challenges for the next Decade”; and an informative and advocacy video on “Indigenous Peoples and the UNGP”.

Aims of the side-event

• To raise awareness on the impact of business on Indigenous Peoples and their defenders around the world;
• To raise awareness on the progress, lessons learned and gaps during the first decade of UNGPs implementation in relation to Indigenous Peoples;
• To provide recommendations that the HRC could consider in its annual resolution on the rights of indigenous peoples regarding the strengthening of the implementation of the UNGPs and the engagement of Indigenous Peoples and to increase the protection of indigenous human rights defenders in this context.

Agenda

Date: September 29, 2021. 14:00 Geneva Time
Time: 14:00 – 15:40 Geneva Time (check your time here)
Location: https://bit.ly/38NP0zw
Translation: available in English, Spanish, Russian and French

Detailed Agenda (1:40 hours)

Moderator:

Pavel Sulyandziga – Founder and President of Batani Foundation. Former Member of the United Nations Working Group on Business and Human Rights. Former member of the Public Chamber of Russia. Until 2010, he was the first vice-president of the Russian Association of Indigenous Peoples of the North (RAIPON), and a member of the United Nations Permanent Forum on Indigenous Issues (2005-2011).

Introductory Remarks:

Mr Morten Jespersen - Danish Ambassador Extraordinary and Permanent Representative to the United Nations and to the WTO. Former Under-Secretary for Global Development and Cooperation in the Danish development organization within the Danish Ministry of Foreign Affairs. Mr Morten Jespersen has over 25 years of experience in development cooperation and foreign affairs, including areas such as foreign and development policy, employment in developing countries, development and implementation of humanitarian efforts and development cooperation.

Panelists:

Prescilia Monireh - indigenous activist from Democratic Republic of Congo. Prescilia is known for her long-standing commitment to defending the rights of indigenous territories and the threats they face, including logging, mining and conservation actions.

Rukka Sombolinggi - Torajan from the highlands of Sulawesi, is the first female Secretary General of the Indigenous Peoples Alliance of the Archipelago (AMAN), the world’s largest Indigenous Peoples organization at the national level.  From 2009 to 2012, Rukka was a member of Executive Council of Asia Indigenous Peoples Pact/AIPP representing Malaysia, Philippines, Indonesia and Timor Leste. She has written the Indonesian Chapter of the Indigenous World, an annual global report on indigenous peoples by the International Work Group on Indigenous Affairs based in Copenhagen, Denmark.

Alancay Morales Garro – member of the Brunka people in Costa Rica.  Current Global Advocacy Coordinator for Indigenous Peoples Rights International. He has a background in Engineering and Human Rights Law. He has worked at the national and international levels; in non-governmental organizations; and in the public and private sector.

Expert Reactors:

Ms. Anita Ramasastry – Member of the UN Working Group on Business and Human Rights. Roland L. Hjorth Professor of Law and the Director of the Graduate Program in Sustainable International Development at the University of Washington School of Law. From 2009-2012, she served as a senior advisor to the International Trade Administration of the US Department of Commerce. She has authored numerous scholarly articles and reports focused on emerging issues in business and human rights including the influential survey on access to remedy, Commerce, Crime and Conflict and recently has co-chaired an independent commission on Experts focused on commerce, crime and human rights

Francisco Calí Tzay - Maya Kaqchikel diplomat from Guatemala. He is the current United Nations Special Rapporteur on the Rights of Indigenous Peoples. He was founder and member of a different indigenous organizations in Guatemala. Former President of the Committee for the Elimination of all forms of Racial Discrimination.

Concluding Remarks:

Joan Carling - Director Indigenous Peoples Rights International. General Secretary of the Asia Indigenous People Pact (AIPP) 2008-2016. Member of the Permanent Forum on Indigenous Issues (2014-2016). Co-convenor of the Indigenous Peoples’ Major Group for Sustainable Development-IPMG.