A/HRC/39/17
ensure that third-country Governments provided appropriate protection to indigenous
communities and human rights defenders, and bring perpetrators of crimes against them to
justice.35 The Special Rapporteur welcomes the strong public stance taken by the European
Union, which can play an important role in preventing violations.
87.
At the international level, in March 2018 UNEP adopted a policy entitled
“Promoting greater protection for environmental defenders” which identifies violations
against indigenous peoples as a key concern which urgently requires prevention and
protection measures to be stepped up. The policy provides for the establishment of a rapid
response mechanism to speak out on individual cases and to advocate for the rule of law in
environmental matters. UNEP simultaneously launched the Environmental Rights Initiative
which urges Governments to strengthen institutional capacities to develop and implement
policy and legal frameworks that protect environmental rights and that aims to assist
businesses to better understand their environmental rights obligations.36
88.
Another prevention initiative at the global level is the Framework of Analysis for the
Prevention of Atrocity Crimes developed by the United Nations Special Advisers on the
Prevention of Genocide and on the Responsibility to Protect as a guide for assessing the
risk of genocide, crimes against humanity and war crimes from an early warning
perspective. With the help of the Framework, various actors can sound the alarm, promote
action, improve monitoring or early warning by different actors and help Member States to
identify gaps in their atrocity prevention capacities and strategies. The Offices of the
Special Advisers use the Framework to collect information and conduct assessments of
situations that could potentially lead to atrocity crimes or their incitement.37
IX. Conclusions and recommendations
A.
Conclusions
89.
States carry the primary responsibility for ensuring that indigenous peoples are
able to safely exercise their rights and that accountability is established for violations
against indigenous defenders. Concerted action is urgently needed to halt the trend of
attacks, criminalization and impunity for those who commit violations against
indigenous peoples.
90.
Large-scale development projects are major drivers fuelling the escalation of
attacks and the criminalization of indigenous peoples. The frequent undertaking of
such projects without genuine consultation or measures to seek the free, prior and
informed consent of the indigenous peoples concerned must cease. Indigenous peoples
are not against development, but they reject “development” models which have been
imposed on them without their participation and undermine their rights to selfdetermination and their right to set their own priorities for the development of their
lands, territories and resources.
B.
Recommendations
91.
The Special Rapporteur addresses the following recommendations to States:
(a)
All violent attacks against indigenous defenders must be promptly and
impartially investigated and measures taken to provide for effective redress and
reparation;
35
36
37
18
See www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//TEXT+TA+P8-TA-20180279+0+DOC+XML+V0//EN.
See www.environmentalrightsinitiative.org.
See www.un.org/en/genocideprevention/documents/publications-and
resources/Framework%20of%20Analysis%20for%20Atrocity%20Crimes_EN.pdf.