Briefing note: 'The EU Corporate Sustainability Due Diligence Directive and Indigenous Peoples’ Rights'
The EU Corporate Sustainability Due Diligence Directive (CSDDD) was approved by EU member states on March 15, setting out due diligence obligations for a number of companies within and outside of the EU. Although the language on Indigenous Peoples’ rights seems to have significantly weakened compared to previous drafts of the CSDDD, and although it may contain several loopholes and weaknesses, it does contain some relevant elements for the protection of Indigenous Peoples’ rights.
Without prejudice to details regarding the scope of the directive, nor its loopholes and weaknesses, this briefing note sets to inform businesses, civil society, and Indigenous Peoples about relevant considerations for good practice in implementing the CSDDD in the context of Indigenous Peoples, in order to prevent human rights harms and in turn reduce legal, operational, reputational, and financial risks for businesses.
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The CSDDD defines adverse impacts as an abuse of rights listed in its Annex I, or an abuse of a human right not listed in Annex I, but which is included in the human rights instruments listed in Annex I. Notably, Annex I lists several articles in the International Covenant on Civil and Political Rights (ICESCR), and the International Covenant on Economic, Social and Cultural Rights (CESCR) which are of high relevance for the specific rights of Indigenous Peoples.
Furthermore, CSDDD states that depending on circumstances, companies may need to consider additional standards, including the rights of Indigenous Peoples, as protected under the United Nations Declaration on the Rights of Indigenous Peoples, including in relation to Free, Prior and Informed Consent (FPIC).
As such, where Indigenous Peoples are potentially affected, companies ought to incorporate Indigenous Peoples’ rights, as protected by relevant instruments throughout the due diligence process. [...]
The following section interprets some of the right and prohibitions listed in CSDDD, in light of relevant UN treaty body jurisprudence and recommendations, as well as relevant articles and provisions in the UN Declaration on the Rights of Indigenous Peoples (UNDRIP).
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