A/HRC/39/17
63.
Concerning India, allegations have been received about the failure to ensure free,
prior and informed consent in the states of Jharkhand, Madhya Pradesh, Chhattisgarh and
Telangana in the context of logging, mining and conservation projects affecting Adivasi
lands and resources. In August 2017, 10 persons, among them 7 women, were arrested
when they conducted a peaceful demonstration against the eviction of 40,000 families,
among them Adivasi communities, as a result of the megaproject for the construction of the
Sardar Sarovar dam in the Narmada river valley. 23 Concerns have been raised by the
mandate in north-east India about Adivasis who have been attacked, stigmatized for alleged
association with Maoist Naxalites and prosecuted under security legislation, including in
the states of Chhattisgarh and Telangana.24
64.
The Special Rapporteur visited Mexico in 2017 and observed that threats,
harassment and criminalization of members of indigenous communities during consultation
processes tended to undermine the “free” character of those consultations. For example,
members of the Yaqui tribe have suffered various attacks, threats and criminalization for
opposing the construction of an aqueduct and a gas pipeline, and for demanding
consultations and that their free, prior and informed consent be sought for projects built in
their territories. The indigenous leader Mario Luna was detained in 2014 on criminal
charges of illegal deprivation of liberty and theft for leading community protests. Since his
release he has continued to be threatened and attacked, despite calls from the National
Commission for Human Rights of Mexico to ensure his protection and the requesting of
precautionary measures in favour of the Yaqui community by the Inter-American
Commission on Human Rights. 25 She also observed the serious situation of attacks and
violence against indigenous communities in the Guerrero Mountains, the Sierra Tarahumara
(Chihuahua) and Chiapas.
65.
In Ecuador, concerns have been raised over several situations, including attacks
against and criminalization of Sápara leaders including Gloria Ushigua on charges of
terrorist acts, sabotage and obstruction for opposing petroleum exploitation on indigenous
territories.26
66.
In Thailand, indigenous livelihoods such as rotational farming and beekeeping have
been banned and indigenous peoples have been evicted from lands declared “protected
areas” despite evidence of the contributions of indigenous peoples’ traditional livelihood
practices to biodiversity conservation and climate change mitigation and adaptation
(A/71/229, A/HRC/6/15/Add.3 and A/HRC/24/41/Add.3).
67.
On 3 May 2017, the Supreme Court of Peru acquitted the Quechua defender
Máxima Acuña de Chaupe, who had been charged with illegally occupying land. Due to her
opposition to the Yanacocha mining company, she has been the victim of several attacks,
intimidation, attempted evictions and judicial harassment. On appeal, she was acquitted of
all charges and her land rights were recognized. The Special Rapporteur on the rights of
indigenous peoples, together with other special procedure mandate holders, has sent several
communications relating to Ms. Acuña de Chaupe’s case27 and has also expressed concern
over the conviction of the Aymara leader Walter Aduriri, who was sentenced to seven years
in prison in July 2017 on charges of causing disturbances in the context of protests against
mining concessions in the Puno region of Peru.28
68.
In Ethiopia, indigenous Anuak land rights defenders have been prosecuted under
antiterrorist legislation and subjected to prison sentences, torture and solitary
confinement.29
69.
In 2012, authorities in the Russian Federation introduced a so called “foreign agent
law”. According to the law, non-governmental organizations must declare themselves
23
24
25
26
27
28
29
14
IND 8/2017 and IND 9/2017.
IND 1/2016 and IND 2/2017.
MEX 10/2015 and MEX 7/2017.
ECU 2/2017.
PER 1/2014, PER 3/2015 and PER 1/2016.
PER 9/2017.
ETH 3/2016.