A/80/181
on the Rights of Indigenous Peoples, “the implementation gap remains wide and
failure to recognize land rights contributes to ongoing violence in many regions”. 18
D.
Criminalization of Indigenous Peoples’ human rights defenders
45. There is an increasing demand for the lands, territories and resources of
Indigenous Peoples. 19 This is confirmed by the inputs received for the present report
and the communications issued since the start of the mandate of the Special
Rapporteur. In turn, this demand is fuelling the alarming rise in the persecution and
criminalization of Indigenous Peoples’ human rights defenders across all regions. 20
Indigenous land defenders are too often among those arrested, detained, sentenced
and even killed. In its report for 2023 and 2024, Front Line Defenders indicates that
31 per cent of at least 300 human rights defenders killed in 2023 were Indigenous
Persons or worked on Indigenous Peoples’ rights. 21 This number is alarmingly
disproportionate given that Indigenous Peoples represent around 5 per cent of the
world’s population. That issue is further addressed below.
46. Some of the primary factors fuelling outsiders’ interests in the territories of
Indigenous People, and thereby contributing to the criminalization of their human
rights defenders, are closely linked to climate change. These include the expanding
carbon market, the expansion of protected areas, the green energy transition and the
rush for rare minerals. Ironically, Indigenous Peoples have contributed the least to
climate change, but are often disproportionately affected by its consequences because
of their direct dependence on lands and natural resources. Moreover, as mentioned
above, they are adversely affected by some of the key strategies and measures to
address climate change.
1.
Carbon markets and conservation efforts
47. Governments in almost all regions are showing a growing interest in Indigenous
Peoples’ lands in order to gain access to carbon market resources and comply with
the Kunming-Montreal Global Biodiversity Framework. In target 3 of the Framework,
Parties are called upon to ensure that, by 2030, at least 30 per cent of terrestrial and
inland water areas, and of marine and coastal areas, are protected through various
area-based conservation measures. In the target, Indigenous and traditional territories
are recognized as a distinct pathway for conservation of biodiversity, and the need for
recognizing and respecting the rights of Indigenous Peoples, including the rights to
traditional territories, is recognized. In 2021, international human rights
non-governmental organizations cautioned that, without stronger safeguards for
Indigenous Peoples, most of the area included in the 30 per cent target provided for
under the Framework could result in exclusionary protected areas. 22 Today, the
Special Rapporteur continues to receive reports from Indigenous Peoples regarding
the expansion of protected areas into their lands without due regard for international
standards, particularly the requirement for free, prior and informed consent .
__________________
18
19
20
21
22
12/21
A/HRC/45/38, para. 3.
State of the World’s Indigenous Peoples: Rights to Lands, Territories and Resources , vol. V
(United Nations publication, 2021).
See A/HRC/39/17.
See www.frontlinedefenders.org/en/resource-publication/global-analysis-202324.
See https://minorityrights.org/target-to-protect-30-of-earth-by-2030-a-disaster-for-people-andbad-for-the-planet/.
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