Statement by Indigenous Peoples Rights International (IPRI)
The Indigenous Peoples Rights International- would like to comment on the recent work developed by the UN Special Rapporteur on the Rights of Indigenous Peoples and provide some comments and questions regarding thematic issues and country visits.
We are extremely glad that the Special Rapporteur submitted a report on the issue of conservation and the rights of Indigenous peoples to the UN General Assembly last year. We share the concerns and the recommendations made by the Special Rapporteur in his report. We have documented continuing cases of criminalization and violence against Indigenous peoples in all regions of the world linked to the establishment of protected areas and similar conservation figures without their free, prior, and informed consent and ignoring Indigenous peoples’ rights to self-determination and their rights on their lands, territories, and resources. We would like to encourage the UN system and the UNPFII, to monitor the implementation of the recommendations contained in the SR´s report, and we hope the Special Rapporteur continues paying particular attention to violations of the rights of Indigenous peoples in this context through their communications procedure.
The Special Rapporteur has also made a public call for information on the impacts of tourism on the rights of Indigenous peoples. Very often, tourism activities are linked to the creation of conservation areas or cultural heritage sites in indigenous peoples' territories. In many countries, tourism activities are allowed inside conservation areas, while Indigenous peoples’ livelihood systems are banned, and they are themselves forcibly removed from their traditional lands. We hope the Special Rapporteur will consider the serious impact of forced displacement of Indigenous peoples and the commercialization of Indigenous peoples’ cultures, arts, and spirituality by others for their own benefit due to massive commercial tourism, including eco-tourism in Indigenous lands and territories. Our organization is supporting the development of case studies to be submitted to the Special Rapporteur as inputs to the report.
In relation to the thematic report on green financing, a just transition to protect indigenous peoples’ rights being prepared by the Special Rapporteur, we highly recommend for him to look into the impacts on indigenous peoples' rights and well-being of the mining of transitional minerals, as well as the development of renewable energy projects in indigenous peoples’ territories. This should also include the dimensions of the criminalization of indigenous peoples, risks and threats to indigenous human rights defenders, social equity, and access to justice and remedies. In relation to green financing, it would be important to establish monitoring mechanisms led by indigenous peoples on the delivery or lack thereof of the commitments of States and other donors on the direct funding to indigenous peoples and local communities, and on the accountability and transparency of intermediary organizations receiving climate funding.
Regarding country visits, we would like to express our concern about the lack of invitations to visit African and Asian countries to examine the situation of Indigenous peoples in countries in these regions. This is not a new issue for the mandate, as former Special Rapporteurs have called the attention of the Human Rights Council on this situation. As such, we would like to know if the Special Rapporteur has any suggestions on what could be done by Member States, the UN system and others in this regard.
We are particularly concerned about the postponement of the Special Rapporteur’s visit to Tanzania. The escalation of violence against the Maasai in connection with game parks and protected areas established in their lands and territories was already the object of a joint public release by HR Special Procedures, including your mandate in June 2022.[1] Along the year, the situation deteriorated, including by criminalizing Maasai leaders, and threats and attacks against Maasai communities. In December 2022, Maasai organizations and leaders were encouraged by the announcement of a visit by the Special Rapporteur to examine the situation. Unfortunately, the visit has been postponed, while the situation on the ground intensifies. We urgently call on the UN system and UN Member States to ensure a fully independent visit of the Special Rapporteur to assess the situation and provide recommendations. We would like to know if the Special Rapporteur could provide any public update on the plan for the country visit to Tanzania.
We also appeal to States in Asia and Africa to invite the Special Rapporteur in line with their obligations and commitments to recognize, respect, and protect the rights of Indigenous Peoples.
Regarding the last country visits of the Special Rapporteur to Canada, we would like to express our appreciation for the consideration the Special Rapporteur has given in his end-of-mission statement to the issues of the criminalization and violence against Indigenous rights and land defenders in Canada, in particular when they are faced with arrests, injunctions and violence from police authorities for peacefully assembling in opposition of so-called development projects affecting their lands, territories, and resources. We are also pleased to see that the Special Rapporteur has considered the crisis regarding the overrepresentation of Indigenous women and men within the prison systems as well as the impacts of the Residential Schools in Canada. We also would like to express our appreciation to the Special Rapporteur for highlighting the atrocities of the ongoing genocide with Indigenous women, girls, and gender-diverse peoples whereas these demographics face disproportionate violence, discrimination, and missing and murdered rates higher than any other demographic in Canada.
It is our hope that the Special Rapporteur will provide relevant recommendations to the Canadian Government to end the violence, criminalization, and ongoing impacts of assimilation and genocide.[2]
Regarding his recent visit to Greenland, we commend the Special Rapporteur for highlighting the continuing serious marginalization and discrimination of Inuits in Denmark, as well as the forced birth control measures done by the government of Denmark for the Inuit women and girls even as young as 12 years old in Greenland in the ’60s and ‘70s resulting to the dramatic decline of the Inuit population for a generation.
Finally, we would like to express our willingness to collaborate and support the work of the Special Rapporteur. We consider the mandate one of the more important tools for the promotion and defense of the individual and collective rights of Indigenous peoples all over the world.
[1] https://www.ohchr.org/en/press-releases/2022/06/tanzania-un-experts-warn-escalating-violence-amidst-plans-forcibly-evict
[2] https://www.ohchr.org/en/press-releases/2023/03/canada-un-expert-decries-appalling-legacy-residential-schools-calls
