Extractive Industries, Indigenous Peoples’ Rights, and the Need for a Cohesive Doctrine on Human Rights Due Diligence

After the adoption of the UN Guiding Principles on Business and Human Rights by
the Human Rights Council in 2011, numerous developments by States and business
enterprises have taken place worldwide to implement its first two pillars, revolving
around the State duty to protect and the corporate responsibility to respect human
rights. However, one area where further developments may occur is in relation to
indigenous peoples’ rights. The Inter-American Human Rights System has greatly
advanced the standards related to their protection, most notably through progressive
interpretation of different normative texts under international law. Thus, it may be
in a position to elaborate further on the role that States and business enterprises may
play vis-à-vis the different rights belonging to indigenous peoples, centered around
the standard of human rights due diligence, which could impose dual obligations on
the State and business enterprises operating in its territory or under its jurisdiction