A/HRC/39/17 76. Indigenous peoples are often held in detention facilities far from their families and communities. Extended pretrial detention and trials have long-term impacts on a family’s livelihood, as the detained person may be the primary breadwinner or may miss planting or harvesting seasons. Having witnessed the impacts of prosecutions, other community members may feel constrained to discontinue advocacy on community concerns out of fear of retaliation and of being subjected to criminal charges themselves. In such cases, criminal prosecution will have succeeded in destabilizing the social and political organization of the indigenous communities concerned. Prosecution of indigenous traditional, cultural or spiritual leaders, who play a pivotal role in the continuation of their peoples’ traditions and their social, political and cultural institutions, is of particular concern. 77. Even if criminal charges are eventually dropped, pretrial detentions may last extended periods of a year or more and for the individual, the stigma and loss of employment and family and community ties may be long-lasting and difficult or impossible to repair. Ultimately, acts of criminalization that disrupt the participation of indigenous peoples in defining priorities and strategies for the development and use of their lands or territories and other resources will result in increased marginalization and social inequalities. 78. Furthermore, indigenous women who are criminalized suffer gendered impacts. Smear campaigns tend to target indigenous women by spreading rumours that they are dishonourable women of poor reputation who violate indigenous traditions by engaging in public participation and advocacy on community concerns. The aim of such defamation is to disempower and alienate women from their families and communities. While the majority of indigenous individuals who face criminal charges are men, women bear the brunt of their absence as they have to single-handedly assume all responsibilities for securing resources to sustain the family, including food and the means to send their children to school. During her recent country visit to Guatemala, the Special Rapporteur met with numerous indigenous women whose husbands were detained and heard first-hand accounts of the dire consequences for the affected women and the families. VIII. Prevention and protection measures 79. States must adopt measures to prevent and protect indigenous peoples. It is crucial in this regard to establish accountability for those responsible for attacks against indigenous peoples. The widespread impunity for violent acts against indigenous peoples globally continues to perpetuate their vulnerability and marginalization. 80. To prevent conflicts and attacks, it is imperative that authorities at the highest level recognize publicly the rights of indigenous peoples and, in particular, their right to selfdetermination, including the right to determine priorities for the development or use of their lands or territories and other resources. As stipulated in article 32 of the United Nations Declaration on the Rights of Indigenous Peoples, States shall consult and cooperate in good faith with the indigenous peoples concerned through their own representative institutions in order to obtain their free and informed consent prior to the approval of any project affecting their lands or territories and other resources, particularly in connection with the development, utilization or exploitation of mineral, water or other resources. 81. Enabling a safe environment for indigenous peoples to advocate for their rights is key. Some countries have adopted legislation, policies and programmes to provide protection mechanisms for human rights defenders, including indigenous leaders and defenders. In Latin America, five countries (Brazil, Colombia, Guatemala, Honduras and Mexico) have created national protection programmes which, to varying degrees, provide protection measures for defenders. Recent assessments of these programmes have highlighted the importance of adopting collective and culturally appropriate protection 16