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Wednesday, November 27 • 13:30 - 14:45
Ensuring access to remedy when indigenous peoples' rights are harmed - trends, challenges, ways forward

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Session organized by the Forest Peoples Programme, the International Work Group on Indigneous Affairs, Tebtebba Foundation and the Asia Indigenous Peoples Pact

Session Description:
Governments are catalysts for business’ respect for human rights, through legislation and regulation they can define and enforce responsibilities of businesses, including the duty to provide or collaborate in providing access to remedy where human rights violations occur. The session will provide an opportunity for engagement with Forum participants and stakeholders to enhance understanding on the challenges, and opportunities, to effect access to remedy for indigenous peoples impacted by business activities.

This session will focus specifically on the actions and inactions of State bodies to enable, promote or enforce access to remedy, both through judicial and non-judicial mechanisms. The session will include discussion of the underlying drivers of the violation of indigenous rights, in order to better understand the root causes of some of the barriers to remedy that are experienced, including incomplete or non-recognition of the underlying rights of indigenous peoples to their lands and territories, and the influence of licit and illicit third party actors in driving economic activity that impacts on indigenous rights. Focus on drivers allows targeted consideration of potential State action to overcome barriers related to these drivers.

The session will also introduce and reflect on possible action to recognise, support and encourage the use of indigenous peoples’ customary governance and laws in defining what remedy looks like, and in realising it.

Session Objectives:
  1. To share the practical experiences of indigenous peoples in seeking to access remedy for violations of their rights caused directly or indirectly by business operations
  2. To review key barriers to effective remedy as experienced by the panel members, specifically the role of States in contribution to, or failing to address, such barriers (corruption, collusion between business and State, lack of recognition of indigenous peoples’ rights to lands and resources)
  3. To present and discuss recommendations for action – particularly by States – to establish, improve or better enforce avenues to redress for communities and indiviudals impacted by human rights abuses linked to business activity
Key Discussion Questions:
  1. What the key drivers of human rights violations linked to business activities? How can State action address such drivers?
  2. Human rights, including land rights, violations are more implicated in some economic sectors than others (agribusiness, extractives), what opportunities for targeted actions by States are there to support sector-specific remedy?
  3. What is the role for customary law and customary conflict resolution mechanisms in defining and providing remedy?
  4. There is a pervasive context of violence and threats to indigenous rights defenders which can reduce effective access to remedy, in this context what specific State actions are needed to reduce threats?

Format of the session:
Panel format with three national level presentations (7 minutes each) to present key findings from the experience of panelists in seeking remedy for the impact of business activity. The first phase of the panel will be an introduction of the key discussion questions by the moderator, followed by the three national level presentations. (30 minutes).
Phase two of the Session will turn to engagement with Forum participants, beginning with a representative of the International Work Group on Indigenous Affairs (IWGIA) introducing key findings from work supporting access to remedy (7 minutes), and inviting observations and questions from the audience for panel presenters. (30 minutes).
Phase three of the panel will summarise and reflect the core areas of recommendation and action that have emerged from the panel discussion and audience engagement. (10 minutes)



Moderators
avatar for Helen Tugendhat

Helen Tugendhat

Forest Peoples Programme, Forest Peoples Programme

Speakers
avatar for Jennifer Zerk

Jennifer Zerk

Legal consultant, OHCHR Accountability and Remedy Project
I am an independent researcher and analyst specialising in legal and policy issues in business and human rights. I am the lead legal consultant to the OHCHR's Accountability and Remedy Project. I am also an Associate Fellow in the International Law Programme at Chatham House (the... Read More →
avatar for Manja Bayang

Manja Bayang

Indigenous rights defender, Tebtebba Foundation, Philippines
MG

Miguel Guimaraes

Indigenous rights defender, FECONAU- Ucayali region, Peru
avatar for Mali Ole Kaunga

Mali Ole Kaunga

Director/Founder, IMPACT/ PARAN alliance Kenya
Mali Ole Kaunga is a laikipia Maasai, the founder and Director of OSILIGI(Organisation for the Survival of IL- Laikipiak Maasai Indigenous Group Initiatives) that translate to HOPE in Maasai. OSILIGI later transformed into IMPACT (Indigenous Movement for Peace Advancement and Conflict... Read More →


Wednesday November 27, 2019 13:30 - 14:45
Room XXII