ABSTRACT
This chapter provides an overview of the concerns and difficulties that indigenous peoples have when extractive and development projects are sited on or near land that they own, and analysis of the weaknesses in the current enforcement environment. The duty of States to consult indigenous peoples and such consultation must be provided to indigenous communities whenever consideration is being given to legal or administrative measures that may affect them, 'with the objective of achieving agreement or consent to the proposed measures'. It explains the Special Representative submitted, in 2008, the 'Protect, Respect and Remedy' Framework for Business and Human Rights. Framework rests on three key pillars: States' duty to protect against human rights abuses by third parties, including business enterprises; the corporate responsibility to respect human rights; and the need for greater access by victims to an effective remedy. Businesses should provide appropriate grievance mechanisms and report on their commitments and implementation of respect for the rights of indigenous communities.
