Towards a global framework on business and human rights, Indigenous Peoples, and their right to consultation and free, prior and informed consent

This chapter seeks to analyse the international regulatory framework that has been developed in the field of business and human rights since 2005, when the Special Representative of the Secretary-General on human rights and transnational corporations and other business enterprises was appointed. The analysis starts with a comparison and contrast between the business and human rights framework and due diligence standards developed in the case law of the Inter-American Human Rights System on Indigenous Peoples’ rights, particularly regarding consultation and FPIC. Having analysed this potential complementarity, the chapter will then offer some insights into plausible next steps within this regional framework to protect Indigenous rights to consultation and consent, to consolidate a State duty to regulate corporate activities based on the UN business and human rights framework, and to identify which areas need to be further refined to meet commitments on Indigenous Peoples’ rights.