www.biicl.org annual conference 2009 business and international law business and indigenous land...
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Annual Conference 2009Business and International Law
BUSINESS
AND
INDIGENOUS LAND RIGHTS
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Elements to Consider in Relation to Indigenous Peoples
• Diversity 370 million peoples in 90 countries worldwide
• Vulnerability Most often minorities within their State
• Land A different concept of land ownership: “The Land owns us” (Bob Randall, Aboriginal elder)
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International Measures regarding Indigenous Peoples
• ILO Convention 169 concerning Indigenous and Tribal Peoples in Independent Countries (Art. 6, 7, 13, 14, 15 and 16)
• UN Declaration on the Rights of Indigenous Peoples (Art. 3 and 10)• World Bank OP 4.10 and the IFC Performance Standard 7• Corporate Initiatives, such as the IPIECA Human Rights Training
Toolkit (2006)• Indigenous Peoples Initiatives, such as the Manila Declaration on
Extractive Industries (2009) or the Anchorage Declaration on Climate Change (2009)
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Case Law
• Tsilhqot’in Nation v British Columbia (2007 BCSC 1700)
• Saramaka People v Suriname (IACtHR, Judgment of November 28, 2007)
• Aguinda v Texaco, Inc(303 F.3d 470, 2nd Cir. 2002)
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Risks for Corporations
• Litigation
• Security Issues
• Adverse Publicity
• Economic Loss
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Boycott Campaigns
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Elements to Consider when Conducting Business on Indigenous Lands
• Diversity Who are the Indigenous peoples concerned?What are their traditions and beliefs?
• Vulnerability To what degree are the communities concerned familiar with their rights? How are they treated by the government?
• Land What is their relationship with the land? Are there particular areas that are considered as sacred?