Indigenous peoples are defined by the UN as “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 in those territories, or parts of them”. Indigenous peoples’ social, cultural, political and economic structures distinguish them from other groups in society. They need the recognition of specific collective rights for their survival as groups with distinct institutions, cultures and traditions. These rights include indigenous peoples’ rights to their lands, territories and resources, to maintain their cultures, to recognition of their distinct identities, to self-government and self-determination, and to be asked for their free, prior and informed consent in decisions that may affect them. Such rights are considered the minimum standards for the protection of their survival as distinct peoples. Article 33 of the United Nations Declaration on the Rights of Indigenous Peoples also refers to the right to decide their own identities and procedures of belonging. However, indigenous peoples are often not afforded the same rights as other groups, including property rights, cultural rights and the right to dispose of their land’s wealth and resources. This can be largely due to discrimination by the authorities. Other obstacles faced by indigenous groups include a lack of access to basic services, as well as to legal assistance and remedies for human rights violations. Indigenous peoples and activists are also vulnerable to attack by those who oppose their interests.
Implications for businessIndigenous peoples have legal and customary rights to use and manage their lands, territories and resources. The preservation of indigenous culture, language and means of subsistence are enshrined in international human rights standards. However, some governments promote economic opportunity or development over indigenous rights. When operating in such countries, investors are at risk of association with violations of indigenous rights. Allegations of direct or indirect corporate responsibility for human rights abuses often arise when indigenous communities are displaced from their traditional lands without their free, prior and informed consent or due process protections.
Extractive, construction and agri-business companies operating in areas with indigenous populations are at particular risk due to their large land use. Issues associated with appropriation of indigenous land include cultural and religious freedoms, such as denial of access to or decimation of religious sites, as well as restrictions on their ability to worship through ceremonial and traditional means that may be directly linked to their land. Business activities may also impose restrictions on the movement of indigenous peoples on or around their land, thus hindering their ability to ensure their livelihood through traditional activities such as hunting and fishing. Pollution and environmental destruction of indigenous habitats are other risks posed by company operations.
The following examples were identified through background research:
Identifying the dilemmaHow does a company respect the rights of indigenous peoples when it has been legally authorised by the government to operate on or near indigenous lands but indigenous peoples are opposed to the proposed development?
The following have been identified as possible components of this dilemma:
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