21 November, 2017

Good practices and challenges in business and in access to financial services by indigenous peoples

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Good practices and challenges, including discrimination, in business and in access to financial services by indigenous peoples, in particular indigenous women and indigenous persons with disabilities

 

Summary

The Expert Mechanism on the Rights of Indigenous Peoples has carried out the present study pursuant to the request made by the Human Rights Council in its resolution 33/13. In the study, the Expert Mechanism proposes a human rights-based understanding of indigenous peoples’ businesses and access to financial services and identifies encouraging practices and challenges in that area. Expert Mechanism advice No. 10 on indigenous peoples’ businesses and access to financial services is contained in the annex.
 

Introduction

1. In its resolution 33/13, the Human Rights Council requested the Expert Mechanism on the Rights of Indigenous Peoples to prepare a study on good practices and challenges, including discrimination, in business and in access to financial services by indigenous peoples, in particular indigenous women and indigenous persons with disabilities, and to present it to the Council at its thirty-sixth session.
2. The Expert Mechanism called for States, indigenous peoples, national human rights institutions and other stakeholders to provide information for the study. The submissions received have been made available on the Expert Mechanism website whenever permission to do so has been granted. The study also benefited from presentations made at the expert seminar on good practices and challenges for indigenous peoples’ entrepreneurship, which was held in Boulder, United States of America, from 6 to 7 March 2017, and organized by the Office of the United Nations High Commissioner for Human Rights and the University of Colorado Law School.
 
 
Download .pdf here.

Contents

  1. Introduction
  2. A human rights-based understanding of indigenous peoples’ businesses
    1. Grounding indigenous peoples’ business and access to financial services within a human rights framework 
    2. Indigenous peoples’ rights-based approaches to business
    3. Discrimination-free appreciation of the contribution indigenous peoples’ business and economies make to national development 
  3. Practices
    1. States
    2. Indigenous peoples
    3. Financial institutions
  4. Challenges
    1. Persistent prejudiced views of indigenous peoples’ business capacity
    2. Lack of legal protection for rights over lands and resources
    3. Lack of inclusive indigenous governance and leadership in business
    4. Challenges facing indigenous women, youth and persons with disabilities
Annex