Indigenous Peoples & the Extractive Sector: Towards a Rights- Respecting Engagement Dr. Cathal M Doyle Middlesex University 24th September 2014 WCIP Side Event Ford Foundation, New York

Context 7 years after the adoption of the UNDRIP & 5 years since the Manila review of indigenous peoples and the extractive sector. – Developments in the area of business and human rights – Drafting of the Post 2015 sustainable development goals – Implementation of the WCIP outcome document Book aims to assess: – the extent to which the promise of the Declaration has been realized in the context of the extractive sector & – what potential avenues could be pursued to achieve this

Contents Four chapters and a set of recommendations: – Chapter 1: Overview of developments since UNDRIP adoption – Chapter 2: UN Human Rights jurisprudence – Chapter 3: Guidance of international bodies – Chapter 4: Prospects for the future (with a focus on SDGs) – Recommendations: Aimed primarily at States and the UN System but also for extractive corporations, financial institutions and NGOs Executive Summary includes a summary of all recommendations Content Overview

Contents: Chapter 1 Developments since UNDRIP adoption Unabated indigenous rights violations. – Repression of dissent e.g. Guatemala, Peru, the Philippines, Burma, Uganda… – Prospect of increase in rights violations given expected growth of the sector Lack of consistency in regulation of extractive sector with legislation and policy recognizing indigenous rights. Limited industry good practice, some improved polices but too early to assess implementation. Rights based responses & initiatives of indigenous peoples.

Contents: Chapter 2 UN Human Rights Regime Jurisprudence Consolidated thematic overview of treaty body recommendations: – 10 main themes in relation to extractive sector & indigenous peoples; – : 34 States addressed, versus 16 States in previous 14 years. UN Special Rapporteur on the rights of indigenous peoples: “the most pervasive source of the challenges to the full exercise of their rights.” EMRIP – Strong focus on participation, FPIC & self-determination, directing attention to corporate responsibilities. UN Working Group on Business & Human Rights - Extractive companies must respect rights in ILO Convention 169 & UNDRIP. Human Rights Council - Increased focus in indigenous issues, but little attention to extractive sector.

Contents: Chapter 3 Guidance of international bodies UNPFII - addressed at all annual sessions; 2013 report, extractive impacts are: – “one of the greatest concerns of indigenous peoples and one of the greatest challenges to the realization of their individual and collective rights”. ILO – valuable compilations of recommendations; kick-back from extractive sector; potential for an stronger interpretation of Convention 169 re FPIC? Regional Systems – jurisprudence of American and African systems contributing to international framework, offers valuable lessons for ASEAN and European systems. OECD National Contact Points – emblematic cases, but need for follow up and sanctions. UN Global Compact – 2013 UNDRIP guide important contribution to corporate understanding and should be used to encourage annual project level reporting. Financial Institutions – IFC driver of FPIC change in the extractive sector; World Bank retrogressive draft; Equator banks & FPIC: opportunities and challenges. Transparency Initiatives (e.g. EITI) – broadening scope to focus on the “enabling environment” but need for dialogue with indigenous peoples regarding this.

Contents: Chapter 4 Prospects for the future Addresses the implication of the Post-2015 Development Agenda for the realization of indigenous peoples’ rights – Lessons learned from MDGs (indigenous indicators & rights including FPIC) – Legal framework supports the inclusion of indigenous rights in the SDGs. – Guaranteeing indigenous rights will lead to substantial contribution to SDGs. Suggestions on institutional changes to open up new opportunities for indigenous peoples to control activities in their territories – Emphasizes the importance of local level participatory monitoring. – Discusses opportunities and challenges which might be associated with an international governance regime to regulate the sector. – Points to constructive approaches taken by indigenous peoples to assert their rights in the context of extractive operations.

Conclusions - Range of Recommendations targeted at States, the UN & other actors Extractive sector impacts dates from colonial times to the present day. – Too early to judge the impact of the UNDRIP, increased focus necessary on the implementation of existing legal and policy guidance. Local level resourced participatory oversight mechanisms are urgently needed. Consideration should be given to the establishment of an international rights- based governance regime for the sector addressing: – legacy issues and associated compensation requirements; – harmonization of trade and investment agreements with indigenous rights; – Resourcing of an independently-managed indigenous peoples’ fund; – coordination with existing & emerging multilateral & multi-stakeholder initiatives. Ensure recognition of indigenous peoples’ rights in the post-2015 sustainable development agenda and guarantee their full and effective participation the formulation, implementation and monitoring of the SDGs.

How to access the book Click back cover to access Book is also available at: – – – Cathal Doyle and Andy Whitmore (2014). Indigenous Peoples and the Extractive Sector: Towards a Rights- Respecting Engagement. Baguio: Tebtebba, PIPLinks and Middlesex University. Contact details: Raymond De Chavez Cathal Doyle: doncathal’gmail.com, & Andy Whitmore: