2018 United Nations Forum on Business and Human Rights

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.

Interpretation is provided in English and Spanish

Brief description of the presentation:
When issues of resettlement or recognition of land rights are not properly managed in the context large scale infrastructure or extractives projects, this may trigger violence and abuses of individual and collective rights of indigenous peoples.
The UPR provides an international mechanism for indigenous organizations and civil society organizations to raise awareness of such impacts. They have been using UPR as a tool to raise concerns with third countries on the impact of human rights abuses caused by investments and trade, and to influence policy makers in order to improve regulatory and monitoring frameworks (with civil society participation).

Presentation objectives:
The presentation will showcase of how UPR can positively contribute to the development of national plans on business and human rights possibly leading to concrete policy and legal developments to prevent future human rights abuses. The presenters will also discuss what avenues may be taken in order to balance the legitimate right of the State to promote investment projects of national interest with the conservation of ecosystems and the respect of human rights of indigenous peoples. This includes their right to participate in the whole investment project cycle, in line with the requirement set out in the UN Guiding Principles and other international human rights instruments.

Interpretation is provided in English and Spanish

Brief description of the presentation:
This session will highlight efforts made by the Papua People's Assembly to assist indigenous Papuans involved in preventing and overcoming the adverse effects of human rights associated with mega projects in Papua Province, Indonesia.
 
Objectives of the presentation:
This presentation will share experiences from the efforts by the Papuan People's Assembly and the indigenous Papuan community to promote respect of the rights of indigenous peoples, including their right to free, prior and informed consent in the context of business activities in the territories of indigenous peoples in Papua Province, Indonesia.

Interpretation is provided in English and Spanish

Brief description of the presentation:
Initial experiences of a growing number of indigenous communities in jurisdictions throughout the world suggests that formalizing their own engagement rules and procedures, in the form of consultation and free prior and informed consent (FPIC) protocols, policies, templates or guidelines, can be an effective way for indigenous peoples to ensure that business activities in or near their territories only proceed in a manner that respects their rights. These living documents provide companies, financial institutions and other actors seeking to operate in or near the territories of indigenous peoples with context specific indigenous-rights-based principles, rules and frameworks within which they should operate when seeking indigenous peoples’ consent.

Presentation objectives:
The speakers will address a research project involving European Network on Indigenous Peoples members from Middlesex University London School of Law, Forest Peoples Programme and INFOE that seeks to build on these experiences and contribute to the empowerment of indigenous peoples to assert their right to self-determined development by consolidating, exploring and sharing these evolving approaches and the associated lessons and resources. The Embera Chami in the Resguardo Indigena de Canamomo y Lomoprieta in Colombia are indigenous peoples who have developed consultation and consent protocols regulating natural resource governance in their territories. A former governor of this Resguardo will address their experience and the importance of company and State adherence to their protocols to guarantee business respect for their collective land, cultural and self-governance rights.