/LCHP.tf ~1r r)6~ttEB am..a Human and Peoples' Rights Human R,ghts ou, Collective Responsib,hty culture, which gives them identity and a sense of belonging, and deprives them of opportunities to have a say in matters that affect their own development.25. 141. They allege that the Committee on the Elimination of Racial Discrimination, in General Recommendation 23 on the Rights of Indigenous Peoples, calls on State Parties to recognize and respect the distinct culture, history, language and way of life of indigenous peoples as an enrichment of the State, cultural identity and the promotion of their preservation. States must also ensure that members of indigenous peoples are free and equal in dignity and rights and free from any discrimination, in particular that based on indigenous origin or identity. They must also provide indigenous peoples with conditions that allow them to develop economically and socially sustainably and commensurate with their cultural characteristics. Alleged right to reparations 142. The Complainants allege the right of victims of violations to redress and the obligation of the Respondent State to provide such remedies in accordance with the principle of responsibility. In support to this, they invoke the instruments of the United Nations.26 In support of this, they invoke the UN Guiding Principles on Business and Human Rights (A/HRC/17/31 ), which were unanimously adopted by the Human Rights Council in June 2011, which they consider relevant to the human rights impact of business activities. 143. They maintain that the obligation to protect, respect and fulfil human rights implies a duty on the part of the State not only to refrain from violating human rights, but to exercise due diligence to prevent and protect individuals from abuses committed by non-State actors.27 144. They maintain that the Committee on the Elimination of Racial Discrimination, in General Recommendation 23 on the Rights of Indigenous Peoples, calls in particular on States Parties to recognise and protect the rights of indigenous peoples to own, 25 In the Centre lor Minority Rights Development (Kenya) and Minority Rights Group lntem.itional on heh.ti( o( Endorois Welfare Council v Kenya, Communication 276/2!'R3 (Pora m See also, Stt M Salomon and A Sengupta, "The right to dc\'elopment: oblig•tlons o( states and the right, of minorities and indigenous pt'Oples (Minority Rights Group lnternational, 2003). 26 Basic Principles ,ind Guide lines on the Right 10" Remedy and Rcpar,1 lion for Victims of ViolJtions o/ li,temational Human Rlghls and I lumanitarian l..iw, G.A. Res. 60/147, U.N. GAOR. 60th Sess. U.N. Doc. A/R'fS/60/147 15 (Mar. 21, 2006). 'O See for example Human Rights Committee, General Comment no. 31 para. 8). See also I. "The Universal Dedarat;.,n of Human Righi., for enmple, statl'S that "(e)veryone has a right to an effectfrr rrmedy by lhe competent national tribunals for acts violating the fundamental rights granted lo him by the constitution or by law." Universal Declaration of Human Rights, arL 25, G.A. Res. 217, U.N., GAOR 3d Sess., U.N. Doc. A/810 (Dec. 12, 1948). See al,od!,i:;;;;jij'ij;;;;:z~ Covenant on Civil •nd Polilic.J Rights, GA Res. 2200(XXI) A, art. 2. U.N. Doc. A/RES/'22.00 (XX.I) A (Dec. 16, 1966); Convention on G.A. Doc. A/RES/39/46 (Dec. 10, 1984); and lntern.,tlonal Convention on the Ellinin.ttlon of all Forms of Racial Discrimination. G.A. Doc.A/RES/2106 (XX) (Dec. 21, 1965). ' <l -~ ., >\I 4•RICll-1~~ "1E El Of.