A/HRC/39/17
measures for indigenous peoples and the need to consider prevention aspects and to address
root causes of violence (see A/HRC/39/17/Add.2, para. 68).32
82.
The Special Rapporteur encourages States where protection programmes exist to
strengthen them and other States to adopt national policies and legislation in favour of
human rights defenders and establish protection programmes. The actual protection
measures need to be culturally appropriate, consider gender aspects and be developed
jointly with the communities concerned. An example of a measure adapted to the requests
of an indigenous community is the designation of local “indigenous guards” in Colombia,
with financial support from the national protection programme, which replaces police
protection for the beneficiary (see A/HRC/37/3/Add.3, para. 21). The distribution of solarpowered telecommunications in remote areas to enhance protection is another measure
useful for indigenous communities.
83.
Indigenous communities have developed their own protection strategies and lessons
should be drawn from such measures. In some countries, indigenous defenders have created
local and regional support networks which allow for reflection, information exchange, legal
advice, situation analysis and strategic planning on how to improve protection in their
communities.33 Certain indigenous peoples have established their own monitoring systems
in their territories to prevent violent attacks and access by unauthorized third parties. Other
indigenous communities have successfully claimed customary land rights and, through
demarcation processes, have managed to halt forced evictions and reduce threats against
their communities. Still others have managed to halt permits for large-scale projects by
means of injunctions where courts decided in their favour on the grounds of the failure to
consult them and obtain their free, prior and informed consent. Overall, in order for
indigenous-led protection systems to be more effective there is a need to strengthen their
own governance systems.
84.
At the regional level, the importance of the precautionary and provisional measures
requested by the Inter-American Commission on Human Rights and the Inter-American
Court of Human Rights are of significant importance as they underline the State’s
responsibility to ensure the protection and safety of indigenous communities and
individuals in imminent danger. The Special Rapporteur deeply regrets that, despite these
measures at the regional level, national protection measures are often inadequate, as sadly
illustrated by the murder of several indigenous leaders and by the ongoing attacks and
threats, for example against the Choréachi and Yaqui communities in Mexico, all of whom
had been granted such measures.
85.
The landmark judgment by the African Court on Human and Peoples’ Rights issued
in May 2017 in favour of the Ogiek peoples in Kenya affirms the Ogieks’ collective rights
to the Mau Forest and sends a strong signal in the region that indigenous land rights are to
be protected and forced evictions halted.34
86.
On 3 July 2018, the European Parliament adopted a resolution on violation of the
rights of indigenous peoples in the world, in which it denounced the continuing
criminalization of those who defend the rights of indigenous peoples and the right to land
throughout the world. In the resolution the European Parliament emphasized that the
European Union and its member States must raise the question of the human rights of
indigenous peoples and indigenous human rights defenders in bilateral and multilateral
negotiations and diplomatic communications and push for the release of imprisoned human
rights defenders, and called for the European Union and its member States to work to
32
33
34
See also Inter-American Commission on Human Rights, Towards a Comprehensive Policy to Protect
Human Rights Defenders (2017) (in Spanish; English version forthcoming); and Protection
International and Center for Justice and International Law, The Time is Now for Effective Public
Policies to Protect the Right to Defend Human Rights (Brussels/San José, 2017), pp. 106−111.
Peace Brigades International, I Think, Therefore I Resist: Grassroots Experiences of Alternative
Protection and Promotion of Human Rights in the Context of Large-Scale Economic Investments
(London, 2016).
African Court on Human and Peoples’ Rights, African Commission on Human and Peoples’ Rights v.
Republic of Kenya (application 006/2012), judgment of 26 May 2017.
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