A/HRC/39/17 “foreign agents” if they exercise political activities and receive funds from abroad. The Russian Association of Indigenous Peoples of the North is the main indigenous umbrella organization. In 2012, the Ministry of Justice suspended its operations for three months on the grounds that the organization’s rules were not in compliance with the new legislation. In 2014, two indigenous defenders were prevented from travelling from the Russian Federation to New York to take part in the World Conference on Indigenous Peoples and attempts were made to prevent two others from travelling.30 70. In 2016, thousands of protestors, including Native Americans, protested against construction of the Dakota Access Pipeline at the border of North and South Dakota, close to the Standing Rock Sioux Reservation in the United States of America. While Sioux leaders advocated for protests to remain peaceful, State law enforcement officials, private security companies and the North Dakota National Guard employed a militarized response to protests. More than 400 people were allegedly arrested, about 90 per cent of them from the Standing Rock Sioux tribe, including Chairman Dave Archambault II. Civil society organizations reported the use of excessive violence and humiliation during the arrests (see A/HRC/36/46/Add.1, paras. 63−74).31 VII. Individual and collective impacts 71. The targeting of indigenous persons affects both the individual members of indigenous communities as well as the communities as a whole. The killings of indigenous leaders and community members cause irreparable harm and damage the social fabric of indigenous peoples. Such attacks are undertaken with the express intent to silence their voices, disrupt their organization and impede their ability to express their concerns over matters affecting their communities. The remoteness of indigenous communities and their limited access to the State authorities responsible for providing protection and bringing perpetrators to account leave indigenous peoples particularly vulnerable. 72. The criminalization of indigenous community members also has widespread impacts which affect the accused person, their family and the broader community. Whereas in the case of killings, where the attackers may be acting on behalf of a private actor, in the case of prosecutions, State authorities are clearly and actively responsible for acts which stigmatize indigenous individuals and communities and place them at risk. 73. As previously noted, prosecutions of indigenous community members are often preceded by defamation campaigns, at times with racist or discriminatory overtones, which seek to discredit and undermine the legitimate right of indigenous peoples to participate and voice their opinion in matters that affect them and their lands, territories and resources. 74. At the individual level, by issuing arrest warrants for indigenous leaders on unsubstantiated and vague charges the State seeks to limit their ability to continue their important role as representatives of the community. Stigmatizing indigenous leaders by calling them criminals suggests that they are not reputable representatives of the community, causes personal humiliation and seeks to alienate them within the community and disrupt social cohesion. Further, alleging that they are criminals places them at significant risk of becoming targets of violent attacks. It can also result in restrictions on their freedom of movement and force them to either go into hiding within their territories or to abandon their communities and — depending on the level of threats against them — may oblige them to go into exile. 75. Prosecution of indigenous individuals has significant impacts both on their mental and physical well-being and on their economic situation. They are forced to invest time and financial resources in their defence and to pay for travel expenses, and attendance at court hearings puts them at risk of losing their livelihood. They will have reduced possibilities to defend the rights of their communities, as their resources and energies may be depleted in defending themselves against criminal charges. 30 31 RUS 7/2012 and RUS 8/2014. USA 7/2016 and 14/2016. 15

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