Protecting and Realising the Human Rights of Indigenous Peoples, Afro-descendant Peoples and Local Communities in the Context of Business and Human Rights

The recommendations include to: 

• introduce a corporate accountability law in line with the key principles set out in the position paper,

• fully recognise the collective human rights of Indigenous and Afro-descendant peoples, and local communities where applicable, and

• ensure direct funding is channelled to the ground.

If these and other recommendations detailed in the position paper were implemented, they would be support an holistic, human rights-based approach across UK diplomacy, policies, laws, strategies and Official Development Assistance (ODA). Such an approach would equally contribute to fulfilling the UK’s international law obligations.

The position paper also serves as an invitation for UK policymakers and others to dialogue directly with Indigenous peoples, Afro-descendant peoples and local communities whose human rights are violated by business and finance. Direct dialogue is crucial to ensuring UK policy, laws and strategies achieve positive outcomes on the ground. 

The need for a new law in the UK

The position paper sets out the UK’s international human rights law obligations and explains why the collective human rights of Indigenous peoples, Afro-descendant peoples and (where applicable) local communities must be recognised by the UK government. 

Such collective rights are articulated in international human rights law. They include, amongst others, the right to land, territories and resources; the right to free, prior and informed consent; the right to self-determination; the right to self-governance; and the right to determine their own development. 

Though many states – including the UK - have recognised, ratified or endorsed relevant international instruments that include such rights, they often do not protect or respect these rights in practice, nor make it mandatory that businesses respect such rights. 

Direct funding is inherently a human rights-based approach which supports self-determined, locally-led activities. To date, direct funding has on the whole been discussed in relation to international agreements on climate and nature. Flexible, direct funding can also be used to counter the myriad threats Indigenous peoples, Afro-descendant peoples and local communities face from businesses and their governments alike.

The position paper highlights the connection between corporate accountability and direct funding for Indigenous peoples, Afro-descendant peoples, and local communities. It sets out concrete examples of strategies and initiatives that Indigenous peoples, Afro-descendant peoples and local communities have put in place to enact self-determination – such as declaring autonomy, developing free, prior and informed consent protocols and various forms of community monitoring, including direct action territorial monitoring groups.

"The UK should increase direct funding to Indigenous Peoples, local communities, and Afro-descendant peoples to ensure that those most affected by corporate harm have the necessary resources to defend their rights" 

Mina Beyan, Program Director, Social Entrepreneurs for Sustainable Development

The collective positions contained in the position paper were developed and agreed by the co-authors during in-person consultations held in November 2024 with Peace Brigades International and Forest Peoples Programme.