SlideShare ist ein Scribd-Unternehmen logo
1 von 10
Downloaden Sie, um offline zu lesen
Rights of Indigenous people- metamorphosing CSR
the State duty to protect against human rights
abuses by third parties, including business.
the corporate responsibility to respect human
rights, meaning essentially not to infringe on
the rights of others.
greater access by victims to effective
remedy, judicial and non-judicial.
Indigenous Peoples are those who are having
a historical continuity with pre-invasion and
pre-colonial societies that developed on their
territories; consider themselves distinct from
other sectors of societies now prevailing in
those territories, or parts of them.
 The operations of certain types of companies in
specific sectors -mining, oil and
gas, infrastructure development, agro-
commodities production, tourism, logging and
pharmaceuticals, can sometimes impact the way
of life of indigenous peoples.
 In the UNDRIP, articles 25-30 -dedicated to protection of rights
to “lands, territories, and resources which they have
traditionally owned, occupied or otherwise used or acquired”
(UNDRIP 2007, Article 26).
 The surviving lands of indigenous peoples -most vulnerable
and threatened ecosystems on our planet as their territories are
richly endowed with minerals, oil and gas and this become a
curse because this has attracted and continues to attract
extractive industries corporations to their territories.
 On top of the history of wrongs are the continuing lack of
effective State laws, regulations and administrative practices to
recognize and protect indigenous peoples‟ rights, and the lack of
manifested corporate responsibility to respect those rights.
Rights of Indigenous people- metamorphosing CSR
 In 2012, 16 people including 7 women were reported
to be killed and 23 were either arrested or detained
throughout the year whereas around 150 were
tortured or intimidated, and around 300 indigenous
houses were demolished. At least 725 families have
faced threat to eviction in connection to land
grabbing.
 UNDRIP protects rights to self-determination, access
to traditional lands and resources, and processes of
Free, Prior, and Informed Consent (Article 32).
 The need to embark on a FPIC exercise is attached to
the safeguard policies of :
 multilateral development banks and international
financial institutions;
 practices of extractive industries;
 water and energy development; natural resources
management;
 access to genetic resources and associated traditional
knowledge and benefit-sharing arrangements;
 scientific and medical research; and indigenous
cultural heritage.
 CSR -corporate parallel to international regulatory
and monitoring system developed within private
sector to develop worldwide standards resembling
what in the public sector is known as „International
Law‟.
 Deficient Regulatory Frameworks -indigenous
peoples‟ rights remain inadequately protected, and
entirely unprotected, in the face of extractive
industries.
 Significant Legislative and Administrative Reforms
are needed in all countries in which indigenous
people live
 Companies should undertake a scoping process to
determine the extent to which their activities might
affect indigenous communities.
 The business should be cognizant to instruments
such as UN Declaration on the Rights of Indigenous
Peoples (DRIP) and the ILO Convention 169 on
Tribal and Indigenous Peoples .
“Companies should operate under the presumption that
there are rights holders over the land into which they
wish to enter and that prior engagement is required
with them.”

Weitere ähnliche Inhalte

Was ist angesagt?

International human rights law
International human rights lawInternational human rights law
International human rights lawFAROUQ
 
Human rights victims reparation and recognition act
Human rights victims reparation and recognition actHuman rights victims reparation and recognition act
Human rights victims reparation and recognition actPhilippine Human Rights
 
Adopted alta outcome document
Adopted alta outcome documentAdopted alta outcome document
Adopted alta outcome documentDr Lendy Spires
 
An act to recognize protect and promote the rights of indigenous cultural com...
An act to recognize protect and promote the rights of indigenous cultural com...An act to recognize protect and promote the rights of indigenous cultural com...
An act to recognize protect and promote the rights of indigenous cultural com...Dr Lendy Spires
 
Rainforest And Indigenous Peoples
Rainforest And Indigenous PeoplesRainforest And Indigenous Peoples
Rainforest And Indigenous Peoplesrightsandclimate
 
Indigenous Peoples Property Rights in the Inter-American Human Rights System:...
Indigenous Peoples Property Rights in the Inter-American Human Rights System:...Indigenous Peoples Property Rights in the Inter-American Human Rights System:...
Indigenous Peoples Property Rights in the Inter-American Human Rights System:...Indigenous Peoples Law and Policy Program
 
01 humanitarian action and regulation
01   humanitarian action and regulation01   humanitarian action and regulation
01 humanitarian action and regulationMargarita Griffith
 
Make America 'Good' Again
Make America 'Good' AgainMake America 'Good' Again
Make America 'Good' AgainMarsha Jane Orr
 
International Covenant on Economics, Social & Cultural Rights (ICESCR)
International Covenant on Economics, Social & Cultural Rights (ICESCR)International Covenant on Economics, Social & Cultural Rights (ICESCR)
International Covenant on Economics, Social & Cultural Rights (ICESCR)Bhargav Dangar
 

Was ist angesagt? (12)

07 07 vac044
07 07 vac04407 07 vac044
07 07 vac044
 
Oxford delgado-pugley
Oxford delgado-pugleyOxford delgado-pugley
Oxford delgado-pugley
 
International human rights law
International human rights lawInternational human rights law
International human rights law
 
Human rights victims reparation and recognition act
Human rights victims reparation and recognition actHuman rights victims reparation and recognition act
Human rights victims reparation and recognition act
 
Adopted alta outcome document
Adopted alta outcome documentAdopted alta outcome document
Adopted alta outcome document
 
An act to recognize protect and promote the rights of indigenous cultural com...
An act to recognize protect and promote the rights of indigenous cultural com...An act to recognize protect and promote the rights of indigenous cultural com...
An act to recognize protect and promote the rights of indigenous cultural com...
 
Rainforest And Indigenous Peoples
Rainforest And Indigenous PeoplesRainforest And Indigenous Peoples
Rainforest And Indigenous Peoples
 
Indigenous Peoples Property Rights in the Inter-American Human Rights System:...
Indigenous Peoples Property Rights in the Inter-American Human Rights System:...Indigenous Peoples Property Rights in the Inter-American Human Rights System:...
Indigenous Peoples Property Rights in the Inter-American Human Rights System:...
 
01 humanitarian action and regulation
01   humanitarian action and regulation01   humanitarian action and regulation
01 humanitarian action and regulation
 
Make America 'Good' Again
Make America 'Good' AgainMake America 'Good' Again
Make America 'Good' Again
 
International Covenant on Economics, Social & Cultural Rights (ICESCR)
International Covenant on Economics, Social & Cultural Rights (ICESCR)International Covenant on Economics, Social & Cultural Rights (ICESCR)
International Covenant on Economics, Social & Cultural Rights (ICESCR)
 
C3111120
C3111120C3111120
C3111120
 

Andere mochten auch

plsc 341 torture paper
plsc 341 torture paperplsc 341 torture paper
plsc 341 torture paperSharnah McLeod
 
Othman v United Kingdom [2012]
Othman v United Kingdom [2012]Othman v United Kingdom [2012]
Othman v United Kingdom [2012]tangerineblues
 
UN Declaration on the Rights of Indigenous Rights
UN Declaration on the Rights of  Indigenous RightsUN Declaration on the Rights of  Indigenous Rights
UN Declaration on the Rights of Indigenous RightsLandJustice4WestAfrica
 
Human rights
Human rightsHuman rights
Human rightsKyuri
 
Week 4: Terrorism and human rights
Week 4: Terrorism and human rightsWeek 4: Terrorism and human rights
Week 4: Terrorism and human rightskamila_fraser
 
Human rights and civil liberties in the UK
Human rights and civil liberties in the UKHuman rights and civil liberties in the UK
Human rights and civil liberties in the UKKatie B
 
Child rights babu
Child rights   babuChild rights   babu
Child rights babuibalakumar
 
Child Rights and You
Child Rights and YouChild Rights and You
Child Rights and Youshanimolsalin
 
Human rights act 1998
Human rights act 1998Human rights act 1998
Human rights act 1998HCEfareham
 
indigenous people in the philippines
indigenous people in the philippinesindigenous people in the philippines
indigenous people in the philippinesJay-R Diacamos
 
"What Are Children's Rights?" from the Children's Rights Council (CRC).
"What Are Children's Rights?" from the Children's Rights Council (CRC)."What Are Children's Rights?" from the Children's Rights Council (CRC).
"What Are Children's Rights?" from the Children's Rights Council (CRC).Children's Rights Council
 
Laws on children rights and protection
Laws on children rights and protectionLaws on children rights and protection
Laws on children rights and protectionGrace Fabrero
 

Andere mochten auch (13)

plsc 341 torture paper
plsc 341 torture paperplsc 341 torture paper
plsc 341 torture paper
 
Othman v United Kingdom [2012]
Othman v United Kingdom [2012]Othman v United Kingdom [2012]
Othman v United Kingdom [2012]
 
UN Declaration on the Rights of Indigenous Rights
UN Declaration on the Rights of  Indigenous RightsUN Declaration on the Rights of  Indigenous Rights
UN Declaration on the Rights of Indigenous Rights
 
Human rights
Human rightsHuman rights
Human rights
 
Week 4: Terrorism and human rights
Week 4: Terrorism and human rightsWeek 4: Terrorism and human rights
Week 4: Terrorism and human rights
 
Importance of Child Rights
Importance of Child RightsImportance of Child Rights
Importance of Child Rights
 
Human rights and civil liberties in the UK
Human rights and civil liberties in the UKHuman rights and civil liberties in the UK
Human rights and civil liberties in the UK
 
Child rights babu
Child rights   babuChild rights   babu
Child rights babu
 
Child Rights and You
Child Rights and YouChild Rights and You
Child Rights and You
 
Human rights act 1998
Human rights act 1998Human rights act 1998
Human rights act 1998
 
indigenous people in the philippines
indigenous people in the philippinesindigenous people in the philippines
indigenous people in the philippines
 
"What Are Children's Rights?" from the Children's Rights Council (CRC).
"What Are Children's Rights?" from the Children's Rights Council (CRC)."What Are Children's Rights?" from the Children's Rights Council (CRC).
"What Are Children's Rights?" from the Children's Rights Council (CRC).
 
Laws on children rights and protection
Laws on children rights and protectionLaws on children rights and protection
Laws on children rights and protection
 

Ähnlich wie Rights of Indigenous people- metamorphosing CSR

Constitution of Dominican Republic
Constitution of Dominican RepublicConstitution of Dominican Republic
Constitution of Dominican RepublicTawhidur Rahman Dear
 
Synthesis Paper Indigenous peoples’ rights to lands, territories and resources
Synthesis Paper Indigenous peoples’ rights to lands, territories and resources Synthesis Paper Indigenous peoples’ rights to lands, territories and resources
Synthesis Paper Indigenous peoples’ rights to lands, territories and resources Dr Lendy Spires
 
Business Law Dec 2022.docx
Business Law Dec 2022.docxBusiness Law Dec 2022.docx
Business Law Dec 2022.docxkanuchauhan7
 
Alternative Minerals Management Policy - February 2011
Alternative Minerals Management Policy - February 2011Alternative Minerals Management Policy - February 2011
Alternative Minerals Management Policy - February 2011No to mining in Palawan
 
Why Dolphins May Sue In The Philippines
Why Dolphins May Sue In The PhilippinesWhy Dolphins May Sue In The Philippines
Why Dolphins May Sue In The Philippinesloloowen
 
Indigenous peoples and mining encounters strategies and tactics
Indigenous peoples and mining encounters   strategies and tacticsIndigenous peoples and mining encounters   strategies and tactics
Indigenous peoples and mining encounters strategies and tacticsDr Lendy Spires
 
Land-grabbing. The rush for land
Land-grabbing. The rush for landLand-grabbing. The rush for land
Land-grabbing. The rush for landGian Paolo Pezzi
 
What is happening to our forests in Southeast Asia? - Synthesis
What is happening to our forests in Southeast Asia? - SynthesisWhat is happening to our forests in Southeast Asia? - Synthesis
What is happening to our forests in Southeast Asia? - Synthesisfocussouth
 
Federal, State, And Foreign Laws With Safety And...
Federal, State, And Foreign Laws With Safety And...Federal, State, And Foreign Laws With Safety And...
Federal, State, And Foreign Laws With Safety And...Natasha Barnett
 
Article 12 national economy and patrimony
Article 12   national economy and patrimonyArticle 12   national economy and patrimony
Article 12 national economy and patrimonyJudithFtlvr
 
Position Paper signed by 72 bishops in support of the passage of Alternative ...
Position Paper signed by 72 bishops in support of the passage of Alternative ...Position Paper signed by 72 bishops in support of the passage of Alternative ...
Position Paper signed by 72 bishops in support of the passage of Alternative ...No to mining in Palawan
 
THE RIGHT TO DECIDE: The Importance of respecting free, Prior and Informed C...
 THE RIGHT TO DECIDE: The Importance of respecting free, Prior and Informed C... THE RIGHT TO DECIDE: The Importance of respecting free, Prior and Informed C...
THE RIGHT TO DECIDE: The Importance of respecting free, Prior and Informed C...Dr Lendy Spires
 
Presentation on INDIAN ENVIRONMENTAL LAW- an overview(3) (2).ppt
Presentation on INDIAN ENVIRONMENTAL LAW- an overview(3) (2).pptPresentation on INDIAN ENVIRONMENTAL LAW- an overview(3) (2).ppt
Presentation on INDIAN ENVIRONMENTAL LAW- an overview(3) (2).pptShreyaKumar45
 

Ähnlich wie Rights of Indigenous people- metamorphosing CSR (20)

ARTICLE XII.pptx
ARTICLE XII.pptxARTICLE XII.pptx
ARTICLE XII.pptx
 
O Keefe Indigenous Peoples And Asm
O Keefe Indigenous Peoples And AsmO Keefe Indigenous Peoples And Asm
O Keefe Indigenous Peoples And Asm
 
Constitution of Dominican Republic
Constitution of Dominican RepublicConstitution of Dominican Republic
Constitution of Dominican Republic
 
Synthesis Paper Indigenous peoples’ rights to lands, territories and resources
Synthesis Paper Indigenous peoples’ rights to lands, territories and resources Synthesis Paper Indigenous peoples’ rights to lands, territories and resources
Synthesis Paper Indigenous peoples’ rights to lands, territories and resources
 
Constitution of Colombia
Constitution of ColombiaConstitution of Colombia
Constitution of Colombia
 
Business Law Dec 2022.docx
Business Law Dec 2022.docxBusiness Law Dec 2022.docx
Business Law Dec 2022.docx
 
Alternative Minerals Management Policy - February 2011
Alternative Minerals Management Policy - February 2011Alternative Minerals Management Policy - February 2011
Alternative Minerals Management Policy - February 2011
 
Why Dolphins May Sue In The Philippines
Why Dolphins May Sue In The PhilippinesWhy Dolphins May Sue In The Philippines
Why Dolphins May Sue In The Philippines
 
Indigenous peoples and mining encounters strategies and tactics
Indigenous peoples and mining encounters   strategies and tacticsIndigenous peoples and mining encounters   strategies and tactics
Indigenous peoples and mining encounters strategies and tactics
 
Land-grabbing. The rush for land
Land-grabbing. The rush for landLand-grabbing. The rush for land
Land-grabbing. The rush for land
 
Public interest litigation
Public interest litigationPublic interest litigation
Public interest litigation
 
What is happening to our forests in Southeast Asia? - Synthesis
What is happening to our forests in Southeast Asia? - SynthesisWhat is happening to our forests in Southeast Asia? - Synthesis
What is happening to our forests in Southeast Asia? - Synthesis
 
Chapter 12
Chapter 12Chapter 12
Chapter 12
 
Federal, State, And Foreign Laws With Safety And...
Federal, State, And Foreign Laws With Safety And...Federal, State, And Foreign Laws With Safety And...
Federal, State, And Foreign Laws With Safety And...
 
Article 12 national economy and patrimony
Article 12   national economy and patrimonyArticle 12   national economy and patrimony
Article 12 national economy and patrimony
 
Ramji Q1 2016
Ramji Q1 2016Ramji Q1 2016
Ramji Q1 2016
 
Position Paper signed by 72 bishops in support of the passage of Alternative ...
Position Paper signed by 72 bishops in support of the passage of Alternative ...Position Paper signed by 72 bishops in support of the passage of Alternative ...
Position Paper signed by 72 bishops in support of the passage of Alternative ...
 
THE RIGHT TO DECIDE: The Importance of respecting free, Prior and Informed C...
 THE RIGHT TO DECIDE: The Importance of respecting free, Prior and Informed C... THE RIGHT TO DECIDE: The Importance of respecting free, Prior and Informed C...
THE RIGHT TO DECIDE: The Importance of respecting free, Prior and Informed C...
 
Presentation on INDIAN ENVIRONMENTAL LAW- an overview(3) (2).ppt
Presentation on INDIAN ENVIRONMENTAL LAW- an overview(3) (2).pptPresentation on INDIAN ENVIRONMENTAL LAW- an overview(3) (2).ppt
Presentation on INDIAN ENVIRONMENTAL LAW- an overview(3) (2).ppt
 
UNIT 5.pptx
UNIT 5.pptxUNIT 5.pptx
UNIT 5.pptx
 

Rights of Indigenous people- metamorphosing CSR

  • 2. the State duty to protect against human rights abuses by third parties, including business. the corporate responsibility to respect human rights, meaning essentially not to infringe on the rights of others. greater access by victims to effective remedy, judicial and non-judicial.
  • 3. Indigenous Peoples are those who are having a historical continuity with pre-invasion and pre-colonial societies that developed on their territories; consider themselves distinct from other sectors of societies now prevailing in those territories, or parts of them.
  • 4.  The operations of certain types of companies in specific sectors -mining, oil and gas, infrastructure development, agro- commodities production, tourism, logging and pharmaceuticals, can sometimes impact the way of life of indigenous peoples.
  • 5.  In the UNDRIP, articles 25-30 -dedicated to protection of rights to “lands, territories, and resources which they have traditionally owned, occupied or otherwise used or acquired” (UNDRIP 2007, Article 26).  The surviving lands of indigenous peoples -most vulnerable and threatened ecosystems on our planet as their territories are richly endowed with minerals, oil and gas and this become a curse because this has attracted and continues to attract extractive industries corporations to their territories.  On top of the history of wrongs are the continuing lack of effective State laws, regulations and administrative practices to recognize and protect indigenous peoples‟ rights, and the lack of manifested corporate responsibility to respect those rights.
  • 7.  In 2012, 16 people including 7 women were reported to be killed and 23 were either arrested or detained throughout the year whereas around 150 were tortured or intimidated, and around 300 indigenous houses were demolished. At least 725 families have faced threat to eviction in connection to land grabbing.
  • 8.  UNDRIP protects rights to self-determination, access to traditional lands and resources, and processes of Free, Prior, and Informed Consent (Article 32).  The need to embark on a FPIC exercise is attached to the safeguard policies of :  multilateral development banks and international financial institutions;  practices of extractive industries;  water and energy development; natural resources management;  access to genetic resources and associated traditional knowledge and benefit-sharing arrangements;  scientific and medical research; and indigenous cultural heritage.
  • 9.  CSR -corporate parallel to international regulatory and monitoring system developed within private sector to develop worldwide standards resembling what in the public sector is known as „International Law‟.  Deficient Regulatory Frameworks -indigenous peoples‟ rights remain inadequately protected, and entirely unprotected, in the face of extractive industries.  Significant Legislative and Administrative Reforms are needed in all countries in which indigenous people live
  • 10.  Companies should undertake a scoping process to determine the extent to which their activities might affect indigenous communities.  The business should be cognizant to instruments such as UN Declaration on the Rights of Indigenous Peoples (DRIP) and the ILO Convention 169 on Tribal and Indigenous Peoples . “Companies should operate under the presumption that there are rights holders over the land into which they wish to enter and that prior engagement is required with them.”