Pitfalls and Pipelines - Philippine Indigenous Peoples Links

288 Pitfalls and Pipelines: Indigenous Peoples and Extractive Industries
Conclusion
Given the international framework to protect the rights of
indigenous peoples in the context of extractive industries, the
question becomes how well these are implemented in practice.
Despite the proliferation of voluntary standards, serious violations
continue to be reported by indigenous peoples from
every region of the world.
The seriousness of these violations presents the clear
need for enforceable standards and strong sanctions, backed
by a legal framework that offer genuine routes to redress.
States are often failing to fulfill their international human
rights obligations with regard to business, and the scope of
the responsibility directly imposed on businesses is only now
being better defined. It is shameful that there is no one forum
available at the international level to credibly set enforceable
regulations or for victims to directly address the responsibility
of corporations.
The extraterritorial application of ILO Convention 169 regarding
the actions of Spanish multinational Companies, which affect
indigenous rights
By Asier Martínez de Bringas 59
This is an extended version of a paper that was originally presented in
Spanish at the 2009 Manila Conference, which has not been updated
since then. In this paper, the author argues for an extraterritorial
application of International Labor Organization (ILO) Convention No 169,
when Spanish transnational corporations are suspect of human rights
violations with regard to indigenous peoples. The author argues that the
Convention does establish binding legal obligations for the Spanish state,
and that the human rights responsibilities could be widened to include
other non-state actors, such as Spanish transnational corporations. In
doing so, he reviews the international obligations of such multinational
companies, then reviews Spanish law with regard to how it covers
extraterritorial crimes. He finally presents interlinked arguments for the
extraterritorial application of ILO Convention 169 in the Spanish state,