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Issue Brief: Indigenous Peoples' Rights
Introduction
Almost 300 million Indigenous People live in over 70 countries. Indigenous Peoples have distinct social and cultural characteristics, are descended from the original inhabitants of their country, and maintain many of their own economic, political, social, and cultural institutions. Indigenous cultures often face extinction due to discrimination and the forced taking of their lands, resources, and intellectual property. Indigenous Peoples are also vulnerable to exploitation because they are usually outside the dominant political processes. Calvert is determined to support the rights of Indigenous Peoples.
Calvert is concerned about the survival, security, and dignity of Indigenous Peoples, as well as the commercial use of images that promote racial, cultural, or religious stereotyping of Indigenous Peoples. Therefore, Calvert challenges companies that have ongoing conflicts with Indigenous Peoples or use their images in offensive ways.
Calvert's Approach
Calvert was the first mutual fund company to establish Indigenous Peoples' Rights criteria. Calvert primarily focuses on three broad areas in regard to Indigenous Peoples' rights: land use, resource use, and inappropriate use of images and symbols.
Dam construction and natural resource extraction often destroy habitat, ancestral lands, and other property. Oil and gas exploration and subsequent operations, such as pipelines, can produce pollution, impair crucial resources, and force the relocation of Indigenous Peoples. Destruction of land and forest resources also has a negative effect on the religion and culture of many native peoples.
Some companies extract biological resources from Indigenous Peoples' lands in order to produce important biotechnology products, but indigenous communities rarely share in the resulting economic benefits. Indigenous Peoples have raised questions about patent laws that sometimes interfere with their intellectual property and with their continued use of certain plants and animals they have relied on for centuries. Calvert supports Indigenous Peoples' desires for conservation and respect of their traditional lifestyles.
Finally, Calvert is concerned with negative use of images of Indigenous Peoples. This is particularly problematic in the United States, where some companies use Native American imagery in the advertising and marketing of their products. Calvert's approach reflects discussions with Native American leaders and representatives on this issue. We have subsequently engaged several companies in dialogue on the use of offensive names, labels, and logos. In addition, Calvert seeks to invest in tribal bonds when possible, and has loaned capital to Native American community development organizations.
Criteria in Practice
Estee Lauder (EL) works with Indigenous Peoples, most notably through a subsidiary, Aveda. As of the summer of 2006, Aveda had formed partnerships with Indigenous communities in Australia, Bulgaria, Brazil, South Africa, Vanuatu, and Peru, and had plans to develop similar relationships in Morocco and British Columbia. In the Mato Grosso, Mato Grosso do Sul, and Acre states in Brazil, Yanawama tribal peoples engage in sustainable harvesting of urucum and andiroba seeds for Aveda. Aveda has invested in andiroba plantations, machinery acquisition, health care centers, and other projects to benefit the Yanawama tribe. In 2006, the company agreed to obtain sandalwood from Aboriginal harvesters in Australia. This agreement will help Aboriginals to develop new businesses and to submit more effective bids for the limited sandalwood licenses. Previously, as part of an effort to ensure that all Aveda ingredients be traceable, the company had paid Aboriginals $50,000 and worked with a recognized indigenous non-profit to obtain certification.
Know What You Own®
Calvert's Know What You Own® screening tool for Indigenous Peoples rights includes securities drawn from a universe of the largest 1000 US companies. Companies that fail Calvert's Indigenous Peoples rights criteria do so because they:
- Do not respect the lands and rights of Indigenous Peoples, and have direct ongoing conflicts with indigenous communities regarding livelihoods, cultures, habitat, and environment,
- Extract biological resources without sharing the economic benefits with resident Indigenous Peoples, or
- Promote negative images of Indigenous Peoples through advertising, marketing, labeling, and the use of offensive names.
Advocacy
A recent decision by the US Federal 9th Circuit Court of Appeals validated Calvert's advocacy efforts involving Calpine Corporation (CPNLQ), which sought to establish geothermal power plants at the Medicine Lake Highlands in northeastern California. This location is important for the spiritual healing and religious practices of some Native Americans, such as the Pit River Tribe. In order to support the Pit River Tribe and other concerned groups, Calvert filed a shareholder resolution in December 2003 requesting that Calpine terminate its Medicine Lake operations. The resolution did not garner a high vote (4.3%), and Calvert later divested its shares of Calpine a few months before the company declared bankruptcy in December 2005. In November 2006, the Court of Appeals supported Calvert's stance by finding that government agencies had failed to complete a comprehensive environmental impact statement before extending Calpine's leases and declared the leases invalid.
Calvert will continue to focus on strengthening Indigenous Peoples' rights standards. As part of our most recent advocacy efforts in support of Indigenous Peoples' rights, Calvert wrote a letter to the US Ambassador to the UN in the fall of 2006, asking that he vote to adopt the Declaration of Rights of Indigenous People. The Declaration encourages partnerships between Indigenous Peoples and entities such as governments and corporations, and affirms principles of justice and democracy for Indigenous Peoples.
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