April 16, 2024. Given that criminalization against indigenous peoples is a global threat, representatives of various indigenous peoples gathered at the 23rd session of the UNPFII to analyze this threat and propose ways to address it.
Joan Carling, Executive Director of IPRI, pointed out that criminalization is the central issue of her organization. From that experience, she noted that national policies and laws are a major source of criminalization of indigenous ways of life and organization. He warned that “we are even more criminalized when we defend our lands and rights, we are imprisoned, we are murdered. It is a life and death struggle for indigenous peoples all over the world”. For her, it is necessary to undertake policy reform but also to support those who are facing criminalization.
Ei Ei Min, one of the authors of the UNPFII report on criminalization, drew attention to the two dimensions of this issue: the use of the law to criminalize the defense of indigenous peoples' territories and rights, but also the inadequate recognition of indigenous rights in national laws. He warned that the effects of criminalization fall not only on individuals, but also on communities and their rights.
“This is going to get worse because industrial development will threaten more than 60% of our lands; there are 5,000 transitional mineral projects on our lands,” said Ei Ei. The expert considered that UN mechanisms have developed jurisprudence beneficial to indigenous peoples, but more systematic action and attention to issues such as forced displacement is needed.
The Tanzanian indigenous person, whose name has been withheld for security reasons, lamented that the World Bank supports projects that criminalize and displace indigenous peoples, going against international law. Instead, he believes, the World Bank should recognize and align itself with UNDRIP. “Something similar is happening with UNESCO in Ngorongoro and Loliondo. They are banning the Maasai from their livelihoods and “they want to displace us to let rich tourists come to our lands.”
Janene Yazzie pointed out that the crackdown on peaceful indigenous protests in the United States is aimed at curbing criticism of development projects. In this sense, lawsuits against water and land protectors create stress and deplete organizations' funds. “There is no indigenous mobilization that has led to violence, they are always ceremonies, they are all from the love of the land, with our children. This is in a supposedly developed nation, but it happens all over the world. We deserve to live in peace, to organize in peace!” she said.
She also noted that the United States has the sixth highest rate of incarceration of indigenous people and highlighted the case of Leonard Peltier, an indigenous leader with almost half a century in prison, in violation of his human rights.
Victoria Tauli-Corpuz, former UN Special Rapporteur on Indigenous Peoples and co-founder of IPRI, pointed out that the perpetrators of criminalization are states and corporations, as well as multilateral agencies, who seek access to indigenous peoples' lands and resources to expand their businesses, from extractivism to protected areas.
She pointed out that discriminatory laws, as well as laws to protect infrastructure, and accusations of terrorism and money laundering are used to attack us. He invited the large audience to learn about and discuss cases, such as the forced displacement of 200,000 indigenous people in Tanzania, the mass incarceration of Maori and the imprisonment of Leonard Peltier.
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