The Global Initiative to Address and Prevent Criminalization, Violence, and Impunity Against Indigenous Peoples

Indigenous peoples across the globe are increasingly subjected to criminalization and violations of their individual and collective rights with impunity.

This situation is prevalent in States which do not legally recognize and protect the rights of indigenous peoples, and where structural racism and discrimination against indigenous peoples persist.  In spite of the adoption by UN Member- States of International Human Rights Instruments such as the UN Declaration on the Rights of Indigenous Peoples and their ratification of International Human Rights Conventions such as the ILO Convention 169 on Indigenous and Tribal Peoples, the  International Convention on the Elimination of Racial Discrimination (ICERD), International Covenant on Civil and Political Rights and the International Covenant on Economic, Social and Cultural Rights,  among others, many States still commit egregious human rights violations against indigenous peoples.  

These human rights violations worsen as more aggressive expropriation and exploitation of indigenous peoples’ lands and resources are done in the name of development and modernity. These violations happen with the imposition of mega- infrastructure projects, extractive industries, agri-business expansion, real estate development, commercial tourism, conservation and also for so called climate solutions such large hydroelectric dams, renewable energy projects and biofuel plantations. Indigenous peoples rights over their lands, territories and resources and their right to have their free, prior and informed consent obtained are commonly violated with these impositions.   Whenever indigenous peoples assert and defend their rights through legitimate actions, they are often subjected to harassment, vilification, arrest, detention and even extra-judicial killings. These acts violate the fundamental rights and freedoms such as the freedom of expression and movement, freedom from arbitrary arrest, freedom of association and to peaceful assembly, right to due process among others.

Data also shows that indigenous peoples compose only 6% of the world’s population but compose 15% of those in extreme poverty. Indigenous peoples territories are estimated to be 60% of the global land mass but only 10 % of these are legally recognized. This situation of inequality and discrimination breeds conflicts which further worsen the acts of criminalization against them.

Criminalization

Criminalization refers to the ways in which criminal law is used improperly, through the manipulation by the State of its punitive power against those asserting and claiming their human rights, including indigenous peoples. This is done through the adoption and enforcement of discriminatory laws and policies which are inconsistent with International Human Rights Laws and instruments which protect the fundamental rights and freedoms of human beings and the exercise and defense of indigenous peoples’ collective rights. Structural racism and discrimination against indigenous peoples persist in many States and societies which leads to the criminalization of indigenous peoples.  

These actions seek to harass, intimidate, silence and or lock victims in costly legal battles, and restrict democratic spaces for legitimate protest and actions in defense of human rights. Baseless allegations or trumped- up criminal charges such as robbery, murder, homicide, kidnapping, illegal possession of firearms, economic sabotage, aggravated trespassing, destruction of properties, terrorism among others are filed against indigenous peoples’ leaders and many end up in jail for long periods of time.  Most victims have no access to justice because they cannot afford lawyers and they are usually discriminated against by justice authorities.  National security laws, anti-terrorism laws and in some countries even environmental laws are used to justify the filing of false charges.  

Criminalization is not only limited to the filing of trumped-up charges but extends to the illegalization of   indigenous peoples’ traditional occupations and cultural practices. Some States with Indigenous peoples have laws criminalizing and discriminating indigenous peoples’ traditional occupations such as hunting and gathering, shifting cultivation or rotational agriculture, pastoralism, and traditional fishing. Traditional healing practices, which include healing rituals and use of traditional medicines, indigenous governance and other cultural and food practices are also regarded as illegal in many countries. These violate the collective rights of indigenous peoples to practice their cultures, to self-govern and pursue their economic, political and socio-cultural development, affirmed the UN Declaration on the Rights of Indigenous Peoples.  This is further exacerbated by the lack of legal recognition of indigenous peoples. There are significant numbers of indigenous individuals languishing in jail for practicing their traditional occupations and cultures. 

Impunity

Impunity is the other face of indigenous peoples’ realities. This refers to the systemic violations of the fundamental rights and freedoms particularly the right to life, the right to due process and the right for access to justice.

The Global Witness reports in 2016 and 2017 show the disproportionate representation of indigenous peoples amongst those who were killed (40% while indigenous peoples in only 6% of the global population) because they were defending their lands and protecting the environment.

The Frontline Defense Global Analysis of 2018 shows that in 2018 there were 321 defenders in 27 countries who were killed and more that 77% of the total were activists defending land, environmental and indigenous peoples’ rights. Many of these cases are linked to agribusiness expansion, extractive industries and State mega-infrastructure projects in indigenous territories.

Most of the perpetrators of these killings have not been brought to justice as victims and their families do not have the resources to bring cases to court and are usually threatened by perpetrators if they file charges. Indigenous peoples lack of access to justice and impunity further embolden perpetrators to commit extra-judicial killings.

Acts of criminalization and impunity against indigenous peoples are serious and systemic violations of their human rights, dignity and wellbeing. It renders them powerless and diminishes opportunities and spaces to assert and protect their individual and collective rights and to fight against inequality, racism and discrimination.

Furthermore, when leaders and members of indigenous peoples are criminalized and face serious threats to their lives, protection measures are very inadequate and emergency response measures hardly exist.  Likewise, families of victims often do not receive any support from State bodies.

Addressing the issues of worsening criminalization and impunity against indigenous peoples and their lack of access to justice and redress, will challenge the status quo.

It will put more pressure on the States, to comply with their obligations as the duty-bearers of human rights and on corporations and investors who should implement the Guiding Principles on Business and Human Rights, particularly their responsibility to respect human rights and ensure access to redress.

Unless States abide by their human rights commitments and obligations and made accountable when violations occur, including in regulating the activities of corporations and the private sector, the criminalization and impunity against indigenous peoples will continue.  It is thereby imperative for indigenous peoples, human rights advocates and institutions to increase their efforts and together to address the criminalization, violence and impunity against indigenous peoples.

It is important to know and recognize that indigenous peoples have their own justice systems and traditional and collective ways of protecting their territories, governing themselves, providing sanctuary to their neighbors. These continue to exist and if these are supported and recognized their capacities to address criminalization, violence and impunity can be strengthened.

Indigenous peoples have long been struggling to defend their rights against criminalization and impunity at the local, national and regional levels.  However, there are no concerted efforts to address this issue in a sustained and systematic manner. This Initiative is thereby a global effort to be led by Indigenous Peoples leaders and organizations to strengthen coordination, solidarity and actions on this critical issue at all levels to improve the situation of indigenous peoples. This Initiative is led by the newly formed Indigenous Peoples Rights International (IPRI).

The aims of this Initiative are to prevent, respond, reduce and prevent acts of criminalization, violence and impunity against indigenous peoples; and to provide better protection and access to justice for actual and potential victims not only as individuals but as collectives or communities.

Global Database

This Initiative will have a global data base on cases of criminalization, violence and impunity against indigenous peoples. This will include a compilation of discriminatory laws and policies criminalizing indigenous peoples; fact sheet of cases, actions taken by human rights bodies and governments, relevant data relating to indigenous peoples’ human rights among others. The database will be the key source for evidence-based advocacy and call to action by this Initiative

Website and Social Media

This Initiative will have its website and social media as one of its channels for sharing information and drawing public attention and support.  The website will include regular updates on the state on the criminalization and impunity against indigenous peoples including news, feature stories, blogs, action alerts, among others.

Annual Report on the State of Criminalization and Impunity Against Indigenous Peoples

An annual Report will be issued by this Global Initiative based on verified information from indigenous organizations, networks, advocate organizations and other reliable sources. It will include data and analysis of trends, challenges and recommendations. The issuance of the Annual Report will be done around the April in time for the session on the UN Permanent Forum on Indigenous Issues, and a midyear report along with thematic reports on the first week of August in time for the International Day of the World’s Indigenous Peoples on August 9.

Periodic National Focus

This Initiative will focus on certain countries based on the worsening condition of indigenous peoples in relation to criminalization and impunity in a particular period. For 2020-2023, the focus countries are those with reported high incidents of criminalization and impunity as follows: Colombia, Mexico, Brazil   Philippines, India, Democratic Republic of Congo and Kenya. Resources to be generated by this Initiative will support indigenous organizations and networks in these focus countries in line with the aim of this Initiative.  Some focus countries may change periodically depending on the progress and level of capacity and resources.

Coordination and collaboration with indigenous peoples regional and global networks and alliances

This Initiative will work closely with indigenous peoples’ regional networks to consolidate, strengthen and complement efforts in addressing the criminalization and impunity against indigenous peoples. Coordination on monitoring and documentation, advocacy and mobilization activities among others shall be undertaken with regional indigenous peoples’ networks as appropriate.

Collaboration with Advocate Organizations and Human Rights bodies and Institutions

This Global Initiative will also collaborate with the broad range of human rights institutions and with advocate organizations and Human Rights bodies and Institutions at the national, regional and global levels. This includes relevant UN bodies such as UN Office of the High Commissioner on Human Rights, the Human Rights Council, the UN Permanent Forum on Indigenous Issues, the Expert Mechanism on the Rights of Indigenous Peoples and the Special Rapporteur on the Rights of Indigenous Peoples and other Special Procedures. It will also seek the support of   relevant multilateral and national bodies, and UN member states.

This Global Initiative will also work in partnership with other human rights organizations, networks and institutions. The existing human rights organizations, e.g. Amnesty International, Human Rights Watch, Global Witness, Frontline Defenders, among others, have expressed their willingness to support this campaign. The terms of reference of the partnership with these organizations will be agreed upon to clarify the various forms of support and joint actions which will be taken jointly.  Further, the National Human Rights Institutions including their regional and global networks will also be enjoined to be support this

Establishment of Legal and Support Fund

This Global Initiative shall also raise and allocate funds to provide emergency support for indigenous leaders, and rights defenders needing protection or security measures; and for victims and or their families seeking justice thru legal and other forms of remedies or support.