Indigenous Peoples Rights International (IPRI), a global indigenous-led initiative to confront violence and criminalization of indigenous peoples and the resulting impunity, would like to present a submission focusing on the barriers faced by Indigenous Women Human Rights’ Defenders in the enjoyment of their rights and include recommendations for the effective implementation of General Recommendation 39 (GR 39).

We congratulate the Committee on the Elimination of All Forms of Discrimination against Women (hereinafter ‘CEDAW’) for adoption and issuing of the General Recommendation 39 on the rights of Indigenous women and girls. The Convention on the Elimination of All Forms of Discrimination Against Women is a legally binding human rights instrument protecting the rights of women and thereby the GR 39 pertaining to Indigenous Women and Girls is an additional tool on how States should ensure the respect and protection of the rights of indigenous women and girls.

I- BACKGROUND: CRIMINALIZATION, VIOLENCE, AND DISCRIMINATION OF INDIGENOUS WOMEN HUMAN RIGHTS DEFENDERS

Indigenous women at the frontlines of defending women’s rights and indigenous peoples’ rights are increasingly subjected to threats, attacks and systemic violations of our rights as women and as indigenous peoples. We are disproportionately subjected to violence and even criminalization when we exercise and defend our collective rights as indigenous peoples. This condition aggravates the multiple layers of discrimination we experience as indigenous women human rights defenders.

In most regions on the world, indigenous women are suffering serious human rights violations, such as killings, rapes, and criminalization. IPRI has documented through its research these cases around the world. The Special Rapporteur on the rights of indigenous peoples has again called attention to the issue of murdered and disappeared indigenous women in Canada in his recent visit. Indigenous women rights defenders in the Cordillera in the Philippines, continue to be criminalized, charged with fake charges, including cyber libel, and tagged as terrorists or supporters of terrorists to silence them. In Africa, indigenous women are being harmed and abused and their houses and property destroyed in the context of violent forced displacement from their traditional lands due to conservation. In Latin America, indigenous women have been arrested in the context of peaceful protests in Ecuador, and are suffering the violence imposed by illegal armed actors in their territories in Colombia. High rates of imprisonment of indigenous women is a serious concern in countries such as Canada, the US, New Zealand or Australia. Structural racism compounded with gender discrimination continues to be a daily reality for indigenous women and girls.

Taking into account this situation, the GR39 covers the different dimensions of discrimination experienced by indigenous women as women and as members of Indigenous Peoples, thereby addressing both the individual and collective rights of indigenous women. It specifically addresses the issues and concerns of indigenous women defenders, acknowledging the risks, threats and various forms of violence and attacks affecting them. It reminds States of their duties to recognize, protect and support the work of indigenous women defenders, including by providing them with access to justice, safety, security and providing adequate resources, including economic resources, to carry out their work. It also calls on States to ensure that indigenous women defenders are not subject to reprisals or criminalization for their work.

The GR 39 underlines the importance of both individual and collective rights of indigenous peoples such as the right to self-determination and autonomy; the right to free, prior and informed consent; the right to access and control over land and natural resources; and the right to cultural and spiritual practices as essential to protect and fulfill the rights of indigenous women and girls. This means that indigenous women should NOT be criminalized or subjected to any form of violence when they practice their livelihood activities as part of their access and control over their lands and resources. Moreover, it also stresses the obligation of the State to provide protection, access to culturally appropriate education, healthcare, and other public services for indigenous women. It calls on States to take measures against gender-based violence and protection from domestic violence including those perpetrated by state forces, armed groups. Violence against indigenous women is multifaceted in nature and cannot be separated from the violence that “stems from the ongoing impact of colonization including the breakdown of community structures and cultural authority which is a correlate of alcohol, and drug-associated violence against indigenous women and girls”.^[1] It mandates access to justice so that perpetrators are held to account to end impunity.

Further, GR 39 can be used to protect indigenous women human rights’ defenders by ensuring that their rights and freedoms are respected within their own communities by State and non-state actors; to advocate for their rights by raising awareness of the issues they face including threats, and providing support and resources for them including for security measures and appropriate services for their wellbeing; and can also be used to hold governments and other actors accountable for upholding the rights of indigenous women human rights defenders.

Recommendations

IPRI would like to request CEDAW to encourage Member States to specifically report on advances to implement GR 39 on indigenous women and girls in their regular reports. At the same time, IPRI hopes that CEDAW would consistently take into account the GR 39 in its review of country reports, including in countries where indigenous peoples existence and rights, including the rights of indigenous women and girls,are not recognized by the State .

In order to advance in the respect for the individual and collective rights of indigenous women and girls, member States should, amongst others:

1) Address multiple and intersectional discrimination in their legislation, including based on gender, disability, indigenous background and age, and to recognise the specificities and the aggravating circumstances in the determination of liability and in effective remedies, as well as the duty to contemplate the gender, disability and indigenous perspective in the adoption of relevant public policies.

2) Closely consult and ensure the full and effective participation of indigenous women, including through indigenous institutions, in decision making, implementation, evaluation and monitoring of legislation and policies related to their rights under the CEDAW convention. To do so, interpretation in different languages, reasonable accommodation and disability and age-appropriate assistance should be provided.

4) Adopt awareness raising measures for the promotion of the rights of indigenous women and girls and to combat stigma, stereotyping, invisibility, and discrimination.

5) Undertake and promote the collection of statistical data and research focusing on indigenous women human rights’ defenders that are killed, targeted, criminalized or face violence, and through the promotion of quantitative and qualitative research,

7) Facilitate access to justice for indigenous women victims of violence and harmful practices, including through restorative justice and reconciliation for violence and harm perpetrated against communities, including with rights based and intercultural and gender sensitive approaches, provided in consultation with indigenous women

As many Indigenous women converge in the hallways of the United Nations today, let us remember the sacrifices, courage and persistence of our indigenous women defenders from across the globe. They have shed their blood, sweat and tears so we can continue to live in our lands, territories and resources. It is thereby our duty to continue to pave the way for the future generations to live in peace, dignity, social equity and in harmony with nature.

Let us thereby make use of the GR39 along with other human rights instruments to advance the protection of indigenous women human rights defenders and indigenous women in general. Let us also strengthen our collaboration with women’s and indigenous organizations, support NGOs, academe, donors as they are critical in building a broad base of support in advancing protection of indigenous women human rights defenders. We can only succeed with strong solidarity relations and joint actions with various groups with the leadership of indigenous women.

Thank you for your kind attention.

[1] Permanent Forum on Indigenous Issues, Study on the extent of violence against indigenous women and girls in terms of article 22(2) of the UNDRIP, E/C.19/2013/9, 12 February 2013, para 6(a)