In many countries of the Global South, transnational corporations wield more economic and even political power than the governments of the respective host states. Yet, as non-state actors, these businesses are exempt from legal obligations and accountability mechanisms under international human rights law. At the same time, international investment agreements often afford rights to them that are above national law and against which there is no recourse to appeal. For decades, indigenous peoples have been victimised by such corporations, often exploiting natural resources within their territories without their consent, colluding with host governments in instigating violence against indigenous communities, destroying their natural basis of life and fostering corruption and authoritarianism. Indigenous peoples and their allies have done their utmost to resist this victimisation and to replace international lawlessness with a new rights-based paradigm. For five decades, there have been attempts, mostly driven by civil society, to introduce regulations regarding busi- ness and human rights into international law. After the most recent attempt, the “Norms on the Responsibilities of Transnational Corporations and Other Business Enterprises with Regard to Human Rights” failed in 2003, a process began that led to the unanimous endorsement of the UN Guiding Principles on Business and Human Rights on 16 June 2011 by the UN Human Rights Council. Not being a treaty, these Guiding Principles do not create new legal obligations but rather attempt to clarify the obligations of states that flow from existing international human rights law and the responsibilities of business enterprises; They further provide guidance on how to comply with these obligations and responsibilities in the business context.
