A/HRC/39/17
community to continue to monitor the situation and the safety of human rights defenders in
the Philippines.
59.
In Colombia, most killings of human rights defenders are taking place in rural areas
where the Revolutionary Armed Forces of Colombia-People’s Army (FARC-EP) was
historically present and indigenous peoples are among the most affected (see
A/HRC/37/3/Add.3, paras. 8−11). There is a persistent stigma associating indigenous
peoples with guerrillas. Since the signing of the peace agreement between the Government
and FARC-EP in 2016, some 50 indigenous leaders have been killed. Furthermore, the
continued presence of the National Liberation Army and the increasing threats from and
attacks by former paramilitary groups aggravate the situation. The Human Rights
Ombudsman continues to raise early warning alerts of attacks and threats against
indigenous peoples in various regions and the Constitutional Court has warned that a
number of indigenous peoples in the country are at risk of extinction. 17 The Special
Rapporteur has sent several communications on the killings of indigenous leaders by armed
groups 18 and on arbitrary detentions, prosecutions and the excessive use of force by
government forces against indigenous protesters.19
60.
Brazil is by far the most dangerous country in the world for indigenous human rights
defenders. During the Special Rapporteur’s country visit to Brazil in 2016 (see
A/HRC/33/42/Add.1, paras. 18 and 31), community members in Mato Grosso do Sul
showed her bullet wounds on their bodies and took her to places where family members had
been killed. They also recounted incidents of arbitrary arrests, torture and criminalization of
their leaders. Both government and civil society organizations working with indigenous
peoples provided her with disturbing accounts of a regular pattern of threats and
intimidation by State and private actors. 20 Impunity is pervasive in relation to attacks,
killings and intimidation of indigenous peoples and frequently arise in contexts where
indigenous peoples attempt to assert their rights over their lands and go hand in hand with
the criminalization of indigenous leaders.
61.
During her visit to Honduras in 2015 (A/HRC/33/42/Add.2), the Special Rapporteur
observed that criminalization frequently occurred in the context of peaceful protests against
logging, mining or hydroelectric projects. Indigenous leaders have been tried for offences
such as appropriation of land and damage to private property, among others. While in
Honduras, the Special Rapporteur met with Berta Cáceres, who was subsequently killed
because of her opposition to the Agua Zarca dam. Other indigenous Lenca defenders have
also been attacked and killed.
62.
The Special Rapporteur, together with other special procedure mandate holders, has
sent several communications on the situation both to the Government of Honduras and to
financial investors supporting the Agua Zarca dam project. 21 Several financial investors,
including the Netherlands Development Finance Company-FMO, the Central American
Bank for Economic Integration and Finnfund, suspended funding for the project. After a
year-long probe, an investigative panel known as the International Advisory Group of
Experts (GAIPE) concluded in November 2017 that Honduran State agents and senior
executives of the hydroelectric company Desarrollos Energéticos Sociedad Anónima had
colluded in the planning, execution and cover-up of the assassination of Berta Cáceres.22
17
18
19
20
21
22
and from the International Union for the Conservation of Nature, UNEP, the Saami Council, the
European Parliament, the Permanent Forum on Indigenous Issues, the Committee on the Elimination
of Racial Discrimination, the United Nations Collaborative Programme on Reducing Emissions from
Deforestation and Forest Degradation in Developing Countries, the Expert Mechanism on the Rights
of Indigenous Peoples, the Center for International Environmental Law, Amnesty International, Front
Line Defenders and others.
See www.defensoria.gov.co/ and Constitutional Court order 004/09 of 26 January 2009.
COL 1/2014 and COL 7/2016.
COL 6/2016.
BRA 7/2015, BRA 1/2016 and BRA 6/2016.
HND 3/2014, HND 2/2016, HND 4/2016 and HND 4/2017.
Roxanna Alphol and others, Dam Violence: The Plan that Killed Berta Cáceres (International
Advisory Group of Experts, 2017).
13