The Legal Defense and Sanctuary Fund

Background


Indigenous Peoples Rights International (IPRI) launched the Global Initiative to Address Criminalization of, and Impunity against Indigenous Peoples in 2020. This Global Initiative is an effort led by Indigenous leaders and organizations to strengthen coordination, solidarity, and actions aiming to improve the situation of Indigenous Peoples. It aims to prevent, respond, reduce, and prevent acts of criminalization of, and violence and impunity against Indigenous Peoples. It aims to provide better protection and access to justice for actual and potential victims not only as individuals but as collectives or communities.

A part of the Global Initiative is the Legal Defense and Sanctuary Fund. The Fund is IPRI’s mechanism in providing emergency support for Indigenous leaders, human rights defenders and communities needing legal support and/or protection for security measures.

Who is eligible to apply?


The Fund is open to all Indigenous leaders and human rights defenders, and members of Indigenous organizations, institutions, social movements, and communities experiencing serious threats to their individual and/or collective rights.

Some examples of these threats are those particularly related to acts of criminalization: illegal detention, filing of trumped-up criminal charges, credible threats to life, unjust eviction or displacement or threats to do so, and gender-based violence by members of military or State forces.

The Fund will give priority to leaders and members of indigenous organizations and communities with the least access to financial resources.

How much can be requested from the Fund?


The Fund can support a maximum of $US 4,000.00 per request.

In exceptional circumstances, higher amounts can be considered subject to the availability of funds.

Due to limited resources, IPRI may not be able to support all requests and reserves the right to prioritize what requests will be supported.

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Objectives


  1. To provide resources for legal support, and related assistance to Indigenous Peoples or organizations who are falsely accused or criminalized, or are facing legal sanctions because of their actions to exercise or defend their individual or collective rights;
  2. To provide resources for sanctuary to Indigenous Peoples who are facing serious threats to their personal security and wellbeing as a consequence of their human rights work.
  3. To respond to immediate and urgent needs of Indigenous Peoples or their organizations and/or their families and or their communities to address serious threats to their rights and or to mitigate the consequences of the violations of their rights.
  4. To support and strengthen Indigenous Peoples’ traditional justice and governance systems that protect and support those who suffer from criminalization.

The Fund shall complement other actions done by other persons or organizations in providing support and assistance for the promotion and protection of human rights of Indigenous Peoples against criminalization and impunity, and for access to justice. The Fund also provides opportunity for additional advocacy support from IPRI which may include generating public pressure, submission of communications to relevant UN human rights bodies, collaboration with human rights institutions and advocates for joint actions, collaboration with other funds, donors, dialogues with relevant leaders, and facilitation of access to redress mechanisms as appropriate.

What does the Fund cover?


The Fund can cover:

  • Legal support and actions that aim to ensure the exercise or defense of Indigenous Peoples’ individual or collective rights are promoted and protected.
  • Sanctuary support ensuring the safety and security of the applicant or partner. It may include facilities for homestay, access to equipment for security and protection measures, moving from a temporary location for safety and any other actions ensuring the safety and security of the applicant or partner.
    (Note: The applicant should have exhausted all the available remedies and protection measures before requesting support for sanctuary. If not, an explaination should be provided on why no such exhaustion of local assistance was done.)
  • Measures that respond to immediate and urgent needs of Indigenous Peoples to address serious threats to their rights and/or to mitigate the consequences of the violations of their rights.

Application Process


  1. Applicant: Download, fill and send the application form (English, Spanish, French and Portuguese).
  2. IPRI shall acknowledge the request submitted and conduct verification and due diligence.
  3. IPRI will send an update on the status of the request within 10 working days from the day of the acknowledgement. The status of request may be:
    • Fully approved
    • Partially approved
    • Further verification required
    • Regret for inability to provide financial support

For any further questions/clarifications, please don’t hesitate to reach out to us: IPRIlegalfund@iprights.org and joyceG@iprights.org.

Between 2021 and 2022, 31 cases of human rights violations involving Indigenous communities- and Indigenous Peoples human rights defenders-at-risk were directly supported under the Fund. Fourteen of them were in 2021 amounting to USD 58,000.00 and covering six countries from Asia, Africa, and Latin America.  The other 17 were in 2022 amounting to USD 84,000.00 and covering 17 countries from the same regions.

The 17 cases involved around 39 Indigenous Human Rights Defenders and nine that were directed to communities, while the 14 cases in 2021 involved 12 Indigenous Human Rights Defenders and 7 communities. In all the cases, the support to individual defenders has a parallel impact to their respective communities, Indigenous groups and/or organizations that may not necessarily be quantified in the Fund’s current system. Similarly, the support to communities may include members of the community or Indigenous group that may account to a hundred or even thousands of individuals, especially in cases that involve land grabbing and forced eviction.

The nature of the cases supported for 2022 include 11 criminalization of Indigenous leaders and activists with one of them involving issue on land grabbing and forced eviction. Six others involved other human rights violations such as intimidation and threats and one that was on killing. For 2021, there were eight cases on criminalization with two of them involving issue of land grabbing and forced eviction. Five other involved other human rights violations that include threats and intimidation and forced eviction. All these types of cases involve other human rights violations such as violation of rights and freedoms e.g., freedom of assembly, expression, and right to self-determination among others.

Tigers, Conservation, and Indigenous Peoples’ Rights

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Behind India’s active conservation and revival of the dwindling tiger population, issues and cases of reported anomalies, irregularities, and blatant violation of rights, custodial violence, torture, slapping of false cases on Indigenous Peoples and their forced eviction persist. 

Along with the launching of Project Tiger in April 1973 to promote the protection and management of the tigers which initially incorporated nine tiger reserves spanning 18,278 sqm, 41,086 families living inside these tiger reserves in 496 villages were vulnerable to displacement. To this day, Indigenous Peoples and local communities continue to be evicted from their ancestral homelands in the name of conservation.

While there has been significant progress in the conservation of tigers in the country and India is the only country where tiger population is growing compared to other nations, where it has either stagnated or on a decline, about 18, 493 families were relocated and displaced from 215 villages across India. Pranab Doley, an Indigenous Peoples’ Human Rights Defender, is aware of the green washing of Project Tiger. He recently helped organize a mobilization as a reaction to the Indian government’s celebration of 50 years of conservation amid numerous human rights violations against Indigenous Peoples and communities. Because of his active participation in exposing and opposing the project, he has been harassed and vilified by the state.

Doley started working with farmers, workers, and indigenous peoples in Assam in Northeast India after finishing education at the university. He is from the Mising tribal community that numbers around 7 million. He has been working on the issue of land rights particularly of those who have been settled in the Kaziranga National Park, not been given land titles, and instead issued eviction by the government. He was made aware of the issues of human rights violations ensuing from the militarization of the national park to protect the one-horned rhinoceros. One critical issue he took up was the killing of individuals from the peripheral community who were accused and killed as poachers. They forwarded the case to the National Human Rights Commission of India and worked on this case in 2016. The BBC and national media picked up their story, but harassment and intimidation also began.

Aside from displacements, several cases of forced eviction and criminalization have been recorded. There were reported instances where the forest department, along with the wildlife forest conservation agency lobbied and tiger protection forces harassed families and community leaders who were vocal about their community’s displacement. Many tribal leaders were charged with false cases; others have been tortured and murdered to threaten and force the communities to accept relocation conditions. Compensation money for relocation packages is often corrupted by forest officials. Evidence also shows that Indigenous Peoples are used as scapegoats in poaching activities to protect the organized syndicate of poachers with the help of politicians and the forest department.

Doley requested support from the Legal Defense and Sanctuary Fund of Indigenous Peoples’ Rights International (IPRI) when he faced criminalization and intimidation by the state. Doley is facing five criminal cases, two of which have been dropped. He was acquitted in the district and sub-divisional courts, but two new cases were filed against him in the last quarter of 2022.  He applied for a new passport in 2021 at the Home Ministry but his passport was withheld until May 2023. The Home Ministry questioned his nationality.

He believes this is the government’s retaliation to his activism and placing second in the local elections where he was an opposition candidate under the Communist Party of India. He contested the Assembly Elections at the State level government where the ruling party was threatened by new and young candidates. He had hoped that taking part in the local elections would provide him immunity from intimidation, but he has been arrested four times since the 2021 elections.

Doley has the full support of his community, and he values the tight relations he has with them. He asserts, “The government only serves its own interest.” He suspects the government to be involved in organized poaching practices. He says, “Harassment through false charges is a classic strategy to restrict marginalized communities and to silence the voices of Indigenous Peoples.” Doley and other critics mostly fear the cases of killings under police custody in the past two years.

He actively raised issues at national and international platforms and has been a victim of criminalization, particularly of the strategic lawsuit against public participation, more popularly known as SLAPP suits, to dissuade him from raising his voice. The SLAPP suits against him included people close to him.

Pranab Doley’s predicament highlights India’s fortress conservation model that conforms to protected areas where ecosystems are free from human interactions. This conservation model is founded on a colonial and discriminatory approach and has been the main reason for the violation of rights of Indigenous Peoples and other local communities living in these areas. They have been targeted and blamed on ecosystem loss and environmental destruction despite their consistent fight to safeguard the forests and biodiversity against corporations and the State. “We, the Indigenous People have made huge sacrifices to protect the environment while commercial and corporate interests inside the forests such as mining are conveniently ignored by the government,” Doley says.

He fervently hopes that the many disguises used such as “wildlife conservation” or “biodiversity conservation” cease destroying lives, livelihoods, culture and ecological systems of Indigenous Peoples living even beyond and around the  declared protected areas.

“Indigenous peoples across the globe are increasingly subjected to criminalization and violations of their individual and collective rights with impunity. Help put an end to this.”

The Indigenous Peoples Rights International (IPRI) is a global Indigenous Peoples organization that works to protect the IP rights defenders, and unite and amplify the call for justice and respect for Indigenous Peoples' rights.

Registered in the US as a 501(c)(3) nonprofit corporation (EIN: 86-1737122)