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Article

27 Oct 2016

Author:
Indian Law Resource Center

Open debate on different approaches and criteria for the future definition of the scope of the international legally binding instrument

To be effective, this new instrument must directly address indigenous peoples’ collective rights and must include clear legal standards regarding public sector financial institutions that fund transnational corporations and other business enterprises...

...Too often businesses fail to appreciate the extent of indigenous land rights or fail to acknowledge or recognize indigenous governments and decision-making institutions. Indigenous peoples’ collective human rights are sufficiently distinct from other, individual human rights that specific language in the instrument is needed to ensure that they are fully protected... 

...Clarifying the standards that apply to public sector financial institutions will ensure that private business actors and public sector lenders compete on the same level ground, adhere to the same legal standards, and are responsible for upholding the same set of human rights obligations...