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Monday, November 26 • 3:00pm - 4:20pm
Integrating indigenous peoples rights in human rights due diligence: what does it mean in practice?

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Interpretation is provided in English, French and Spanish
Brief description of the session and session objectives: 

The objectives of this session are to: (1) discuss good practices from the perspective of the indigenous rights holders, lessons-learned, gaps, and challenges to strengthen the implementation of FPIC, in particular the significance of community protocols in the context of business activities and (2) identify factors for an enabling environment for respecting indigenous peoples’ rights and effective implementation of FPIC process.

Background to the discussion:

Following the adoption of the UN Guiding Principles on Business and Human Rights, a growing number of investors, financial institutions and businesses in a range of sectors have developed, or are in the process of developing, safeguard policies that require them to respect indigenous peoples’ rights, especially their right to free, prior and informed consent (FPIC) as part of the human rights due diligence expected of them and social license to operate. Furthermore, indigenous peoples’ rights to self-determination and to lands, territories and resources have been gaining support and attention at different levels. However, a growing body of decisions of UN human rights bodies, regional and national courts and complaint mechanisms such as the OECD National Contract Points demonstrate that indigenous peoples continue to be the victims of human rights abuses associated with business activities.
At the same time, indigenous peoples are increasingly developing their own protocols and policies, which provide guidance to States and corporations on how to consult with them and seek their FPIC in accordance with their right to self-determination and their customary decision-making practices. Communities from the Murut Tahol Community in Alutok, Ulu Tomani, Tenom, Malyasia as well as the Juruna People in the Brazilian Amazon and the Embera Chami in Colombia, are among those who have developed such protocols. These protocols reflect the community's identity, culture, ways of life and the interconnection of territories, peoples and nature. They highlight the central importance of respect for indigenous peoples’ rights, including their self-determination right to decide their own plans, priorities and visions for their futures and the related right of communities to make decisions on externally proposed projects in or near their territories.
The UN Forum on Business and Human Rights is unique in that it provides all parties involved in such projects, i.e. States, private sector actors and indigenous peoples, a space in which to dialogue and to ensure that the Guiding Principles on Business and Human Rights are effective for indigenous peoples, particularly in relation to their collective rights to self-determination, FPIC and lands, territories and resources.

Key discussion questions:
  • What were the different contexts that community protocols have played a role (or could play a role) in facilitating meaningful FPIC processes?
  • To what extent do community protocols address the role of governments in human rights due diligence and FPIC and the corresponding responsibilities of corporations?
  • What are the experiences of implementing FPIC processes in different regions and are there good practices that can be replicated by other indigenous communities or adopted by States or private sectors in their policies and guidelines?
Format of the session: 

The event will consist of a panel discussion with brief case study presentations followed by a 50-minute interactive discussion with session participants. The focus will be on how to ensure the effective implementation of consultation and FPIC in the context of business activities and the role which indigenous peoples’ consultation and FPIC protocols can play in this regard.
Indigenous community representatives from three regions (Asia, Latin America and Africa) will present their experience with consultation and FPIC processes and their views on the importance and benefits of consultation and free prior and informed consent (FPIC) protocols that are developed by indigenous peoples themselves.
The floor will be opened to participants to raise questions and present their perspectives on and experiences with consultation and FPIC processes and on related protocols developed by indigenous peoples. This part of the session will be “talk show format”, with the participants having the opportunity to raise questions amongst each other as in a public dialogue or engage with the panel.

Moderator/ Introductory Remark...

Mary Ann Bayang

the Indigenous Peoples' International Centre for Policy Research and Education
avatar for Cathal Doyle

Cathal Doyle

Research Fellow, Middlesex University London School of Law
Research fellow at Middlesex University London School of Law and member of the European Network on Indigenous Issues (ENIP)
avatar for Lea Nicholas-MacKenzie,

Lea Nicholas-MacKenzie,

Special Advisor for Indigenous Issues to the Canadian government, Permanent Mission of Canada to the United Nations
Lea Nicholas-MacKenzie is a member of the Wəlastəkwey nation (Maliseet First Nation) in New Brunswick, Canada.Ms. Nicholas-MacKenzie has served in a variety of public and private sector capacities. Most recently, she was Chief of Staff to the Minister of Justice and Attorney General... Read More →

avatar for Windel Bolinget

Windel Bolinget

Chaiperson, Cordillera Peoples Alliance, the Philippines, Cordillera Peoples Alliance and KATRIBU, Philippines
I am an Indigenous Bontok-Kankanaey of the Igorot peoples of northern Luzon, Philippines. I am the Chairperson of the Cordillera Peoples Alliance (CPA) and the National Co-Convenor of KATRIBU, the national alliance of indigenous peoples in the Philippines. I have been an activist... Read More →

Nicholas Cotts

Vice President - Sustainability and External Relations, Newmont Mining Corporation
avatar for Mali Ole Kaunga

Mali Ole Kaunga

Director/Founder, IMPACT/ PARAN alliance Kenya
Mali Ole Kaunga is a laikipia Maasai, the founder and Director of OSILIGI(Organisation for the Survival of IL- Laikipiak Maasai Indigenous Group Initiatives) that translate to HOPE in Maasai. OSILIGI later transformed into IMPACT (Indigenous Movement for Peace Advancement and Conflict... Read More →

Ana Laynez

Indigenous authority, Ixil indigenous community, Guatemala

Monday November 26, 2018 3:00pm - 4:20pm CET