contribute to the infringement of the rights of indigenous and tribal peoples that are internationally recognized, particularly in contexts where the reach and application of domestic laws insufficiently safeguard those rights. 62 Typically, the exercise of such due diligence by companies seeking to develop or extract resources within indigenous or tribal peoples’ territories will be facilitated by companies themselves by engaging with indigenous and tribal peoples in association with FPIC processes. International financial institutions and industry groups also recognize the responsibility of businesses to respect indigenous and tribal peoples’ rights. Notably, in 2012, the International Finance Corporation (“IFC”) strengthened its requirements relating to engagement with indigenous and tribal peoples. IFC clients are required to identify the nature and degree of expected economic, social, cultural, and environmental impacts of their projects on indigenous and tribal peoples, to avoid adverse impacts and, where they are unavoidable, to minimize, restore, and/or compensate for them. 63 Recognizing that indigenous and tribal peoples may be particularly vulnerable to the loss of, alienation from, or exploitation of their land and access to natural and cultural resources, the IFC requires its clients to obtain the FPIC of affected indigenous and tribal peoples if the client proposes to: (i) (ii) (iii) locate a project or commercially develop natural resources on lands traditionally owned by, or under the customary use of, indigenous and tribal peoples, and where adverse impacts can be expected relocate an indigenous community, or embark on a project that may have unavoidable, significant impacts on critical cultural heritage of indigenous and tribal peoples. Newmont recognizes the IFC Environmental and Social Performance Standards as a key point of reference within its Sustainability and Stakeholder Engagement Policy. The policy also includes an explicit commitment to build constructive relationships with indigenous and tribal peoples and recognize their social, economic, and cultural heritage. The International Council on Mining and Metals (“ICMM”), the mining industry’s international industry body, of which Newmont is a founding member, has recognized that “mining and metals companies have a responsibility to respect the human rights of the 62 UN Special Rapporteur on the rights of indigenous peoples, James Anaya, “Report of the Special Rapporteur on the rights of indigenous peoples,” A/HRC/21/47, July 6, 2012, para. 83. The commentary to principle 11 of the Guiding Principles also clarifies that the corporate responsibility to respect human rights “exists independently of States’ abilities and/or willingness to fulfill their own human rights obligations, and does not diminish those obligations. And it exists over and above compliance with national laws and regulations protecting human rights.” 63 IFC, Performance Standard 7, http://www.ifc.org/wps/wcm/connect/115482804a0255db96fbffd1a5d13d27/PS_English_2012_Full -Document.pdf?MOD=AJPERES. The IFC’s 2006 Performance Standard on indigenous peoples required “free, prior, informed consultation.”

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