A/HRC/39/17
I. Introduction
1.
The present report is submitted to the Human Rights Council by the Special
Rapporteur on the rights of indigenous peoples pursuant to her mandate under Council
resolution 33/12. In the report the Special Rapporteur briefly refers to the activities
undertaken since the submission of her last report (A/HRC/36/46), provides a thematic
study on attacks against and the criminalization of indigenous human rights defenders and
reflects on available prevention and protection measures. She concludes with
recommendations on how various stakeholders can prevent violations and improve
protection.
II. Activities of the Special Rapporteur
2.
Since she presented her last report to the Human Rights Council, the Special
Rapporteur has carried out two official country visits: to Mexico from 8 to 17 November
2017 (A/HRC/39/17/Add.2) and to Guatemala from 1 to 10 May 2018
(A/HRC/39/17/Add.3).
3.
A more detailed description of activities is contained in the Special Rapporteur’s
report to the General Assembly (A/72/186), in which she highlighted recent thematic work
on indigenous peoples’ right to self-governance; consultation and free, prior and informed
consent; indigenous peoples in isolation and initial contact; country visits; communications;
and other activities.
III. Attacks against and criminalization of indigenous peoples
defending their rights
A.
Introduction
4.
The Special Rapporteur on the rights of indigenous peoples is gravely concerned at
the drastic increase in attacks and acts of violence against, criminalization of and threats
aimed at indigenous peoples, particularly those arising in the context of large-scale projects
involving extractive industries, agribusiness, infrastructure, hydroelectric dams and
logging. These violations are occurring in the context of intensified competition for and
exploitation of natural resources, as observed during country visits and reflected in the
increasing number of related allegations. In several countries, increased militarization adds
to the threats against indigenous peoples. The Special Rapporteur has therefore decided to
prepare a thematic report to draw attention to the escalation of these concerns.
5.
The focus of the present report is on the distinctive characteristics of attacks against
and criminalization of indigenous peoples defending their rights under the United Nations
Declaration on the Rights of Indigenous Peoples and under human rights treaties, with
emphasis on violations occurring in the context of development projects. In the report the
Special Rapporteur considers the collective and individual impact on indigenous peoples
and assesses the effectiveness of prevention and protective measures, identifying good
practices and prevailing challenges with regard to protective measures for indigenous
peoples. The Special Rapporteur notes that indigenous peoples are subjected to
criminalization in a range of contexts including structural racism and discrimination, areas
which may be the subjects of future analysis and reports.
6.
In accordance with the mandate, the Special Rapporteur has continuously addressed
in her country reports, communications to Governments, press releases and other public
statements concerns over indigenous leaders and members of indigenous communities, and
those who seek to defend their rights, who are subject to undue criminal prosecution and
other acts, including direct attacks, killings, threats, intimidation, harassment and other
forms of violence.
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