UN Geneva Panel: The Protection of Indigenous Peoples Human Rights Defenders | Victoria Tauli-Corpuz

45th Session Human Rights Council
UN Geneva, 23 Sept. 2020
Panel on The Protection of Indigenous Peoples Human Rights Defenders
Presented by Victoria Tauli-Corpuz, Previous UN Special Rapporteur on the Rights of Indigenous Peoples,

H.E. Excellency, Juraj Podorsky, Vice President of the HRC, Excellencies, Members of the Human Rights Council, Representatives of indigenous peoples. NGOs, NHRIs, ladies and gentlemen, thank you for inviting me to speak at this 45th Session of the HRC at the Panel on “The Protection of Indigenous Peoples Human Rights Defenders”.

Thank you for inviting me to speak at this 45th Session of the HRC at the Panel on "The Protection of Indigenous Peoples Human Rights Defenders".

 45th Session Human Rights Council
UN Geneva, 23 Sept. 2020
Panel on The Protection of Indigenous Peoples Human Rights Defenders
Presented by Victoria Tauli-Corpuz, Previous UN Special Rapporteur on the Rights of Indigenous Peoples,

H.E. Excellency, Juraj Podorsky, Vice President of the HRC, Excellencies, Members of the Human Rights Council, Representatives of indigenous peoples. NGOs, NHRIs, ladies and gentlemen, thank you for inviting me to speak at this 45th Session of the HRC at the Panel on “The Protection of Indigenous Peoples Human Rights Defenders”.

Thank you for inviting me to speak at this 45th Session of the HRC at the Panel on "The Protection of Indigenous Peoples Human Rights Defenders".

I will speak on the trends of threats and violence against indigenous peoples, reasons behind this phenomena, how to tackle root causes and ways to prevent such acts. My assessment will be mainly based on the thematic report I made on “attacks against and criminalization of indigenous peoples” which I presented before the HRC in 2018 at its 39th Session. I will also refer to the Global Witness Report released in July 2020 entitled “The Climate Crisis and Threats Against Land and Environment Defenders” and the mid-term report of the Indigenous Peoples Rights International (IPRI), a newly formed indigenous organization.

When I made my report on criminalization, I already expressed my grave concern over the rising numbers of indigenous rights defenders being killed, extrajudicially, and those who suffer from criminalization and attacks. I analysed the root causes of these and came up with recommendations which I will reiterate in this presentation. The Global Witness report which looked at the situation of human rights defenders from January 1 to December 31, 2019, presents a worsening situation. It says that in 2019 there were 212 human rights defenders murdered. Out of this number 40% come from indigenous communities. This is highly disproportional considering that indigenous peoples only consist of 5% of the entire world population. Over half of those murdered are from Colombia and the Philippines. 64 from Colombia and 43 from the Philippines. Two thirds of these killings took place in Latin America. The report also identified that the mining sector is linked to 50 murders and the agri-business sector is linked to 34.

The Indigenous Peoples Rights International released a mid-year report in August 2020 which showed that between January 1 to July 31, 2020, there are already 101 indigenous rights defenders murdered and these are from 23 countries only. Colombia has the highest number which is 60. It also has reported that 307 indigenous rights defenders have been threatened, criminalized and arrested. 24 indigenous communities and organizations have suffered from displacement, attacks against mass actions, illegalization and threats. There were also reported cases of gender-base violence such as rape.

These trends are very worrying and requires more focused attention from the part of governments, the UN and also the private sector as well as other regional human rights multilateral bodies.

The key reason for this situation is the intensification of competition over and the extraction of natural resources which are led by private corporations, sometimes with the complicity of governments. My 2018 report further identified that the underlying cause of intensified attacks is the lack of respect for indigenous peoples collective land rights and the failure to provide indigenous peoples secure land tenure. The escalation of attacks against indigenous peoples is occurring in the context of skewed power structures whereby private companies wield significant influence over states which ensure that regulations, policies and investment agreements are tailored to promote profitability of their businesses.

As far as tackling the root causes and ways to prevent such acts and to promote empowerment, security and protection of indigenous peoples rights human rights defenders, I will reiterate the recommendations I made in my 2018 report. My recommendation to States are the following;

1. All violent attacks must be promptly and impartially investigated and measures are taken to provide effective redress and reparations.
2. A zero tolerance approach to the killings and violence against indigenous peoples rights defenders must be adopted at the highest level of government. Public officials must refrain from stigmatizing indigenous peoples affected by large-scale development projects and those defending their rights.
3. States should ensure that legislation creates due diligence obligations for companies registered in their jurisdictions and their subsidiaries where there is a risk of human rights violations against indigenous peoples.
4. Addressing criminalization requires a comprehensive review of national laws, the adoption of laws to ensure due process and the revocation of laws and criminal procedures that violate the principle of legality and contradict international human rights obligations of States. Legislation which criminalizes indigenous livelihoods such as rotational agriculture and hunting and gathering should be repealed.
5. Legislation and policies which expressly support the protection of indigenous peoples rights defenders and communities. Protection measures should ensure that both individual and collective protective aspects are addressed in practice. Indigenous-led protection initiatives should inform the design of all measures that are adopted by authorities in favor of indigenous communities at risk.
6. In order to address root causes of criminalization and attacks, collective land rights need to be recognized. This requires, inter alia, accessible, prompt, effective procedures to adjudicate land titles; the review of laws on expropriation; adequate mechanisms to resolve land disputes; effective protection from encroachments through early warning systems and on-site monitoring systems and the prohibition of forced evictions.
7. Law enforcement officials and prosecutors should be trained on human rights standards and refrain from criminalizing indigenous peoples who are protecting their rights to lands, territories and resources.
8. In order to implement the right to consultation and free, prior and informed consent, such processes need to be based on good faith. It is indispensable that indigenous peoples be afforded genuine participation and access to information in a culturally appropriate manner, in a language they understand. This requires their involvement in all phases from project design and planning, to implementation and monitoring.
9. The National Human Rights Institutions should closely monitor complaints against large-scale development projects through regular dialogue and visits to affected indigenous communities at risk of attacks.

For the private sector;

1. Ensure human rights due diligence in all operations and adopt clear policy commitments to that effect.
2. Undertake human rights impact assessments for all projects with the full participation of potentially affected communities.
3. Avoid any acts of defamation which stigmatize indigenous peoples.

For international financial institutions and donors as well state agencies which provide international assistance;

1. They should implement environmental and social safeguards which are consistent with their human rights obligations including by;
   1. requiring human rights impact assessments of all projects;
   2. including specific protection for indigenous peoples;
   3. requiring effective participation of affected indigenous peoples;

The international community, including civil society actors, should continue to monitor the whether human rights impact assessments are carried out, and whether specific attention is given to the participation and protection needs of indigenous peoples. Accountability mechanisms should be established and supported. Civil society organizations are urged to continue to provide support, such as legal advice and sanctuary support. The establishment of Indigenous Peoples Rights International (IPRI) is one of the global initiatives led by indigenous peoples to address the issues of criminalization and violence against them and the culture of impunity which persists in many countries.

I thank the Human Rights Council again for inviting me to make this presentation and I look forward to a resolution these issues which we talked about today.

Contact address: This email address is being protected from spambots. You need JavaScript enabled to view it.

Websites: www.tebtebba.org, www.indigenousrightsinternational.org