A/HRC/54/52
start birth control before leaving, due to the risk of sexual assault, including in exchange for
safe transfer.126
62.
Indigenous women are often left without a voice in local representational and
decision-making bodies.127 However, a number of initiatives have succeeded in encouraging
women to participate in consultation processes, a necessary step given that women are
especially vulnerable to militarization on Indigenous lands. In Myanmar, a women’s
organization has set up vouching systems, whereby women who have taken part in
consultations reach out to women who hesitate to take part and vouch for the consultations. 128
V. Prevention mechanisms and right to effective remedies
63.
The Declaration’s numerous relevant provisions include rights to effective
mechanisms for prevention and redress, such as article 8 (2), article 11 (2), article 20, article
27 and article 40. Significantly, recourse, redress and reparations for Indigenous Peoples
must be holistic and understood in the specific context of the interrelated, interdependent,
interconnected and indivisible political, economic, social, cultural and spiritual rights of
Indigenous Peoples, and not confined to only the monetary or tangible adverse impacts of
militarization on their rights, lives, lands, territories and resources.
A.
Prevention mechanisms
64.
States must incorporate into their constitutional and legal systems the norms and
principles that protect the territories of Indigenous Peoples as zones of peace, free from
militarization, and guarantee consultation processes. In this regard, article 57.20 of the
Constitution of Ecuador recognizes and guarantees the right of Indigenous Peoples to “the
limitation of military activities in their territories, in accordance with the law”.
65.
Some States have created mechanisms to prevent violations stemming from
militarization. In Colombia, early warning mechanisms have been established at the national
level to prevent human rights violations against Indigenous Peoples. For instance, the
Ombudsman’s Office in the department of Amazonas issued an early warning alert about the
risk of Indigenous children and teenagers being recruited by illegal armed groups, which
could result in violations as well as confrontations with State armed forces, militarization of
the territories and stigmatization of the communities.129
66.
There is a need to ensure Indigenous participation in peace negotiations affecting
Indigenous Peoples, and to recognize the potential role of customary practices in such
negotiations. In the Asian region, Indigenous representatives have recommended the
application of customary law to military units and the recognition of Indigenous guards by
local government and law enforcement agencies. National human rights institutions could
play a role in facilitating dialogue between the military, communities and other independent
human rights organizations. Some Indigenous Peoples have implemented a proactive
monitoring approach using communication technologies to alert relevant actors when human
rights violations occur in remote areas.130
B.
Effective remedies
67.
Indigenous Peoples must have access, individually and collectively, to justice
externally, from States, and internally, through Indigenous customary and traditional
systems. Transitional justice processes and mechanisms should account for the root causes
126
127
128
129
130
GE.23-14759
Felicity Schaeffer, presentation at the Expert Seminar, Geneva, December 2022.
Ibid.
Judy A. Pasimio, “Mining and violence against rural and Indigenous women in the Philippines”
(Quezon City, Philippines, Purple Action for Indigenous Women’s Rights (LILAK), 2013).
Submissions from Instituto Latinoamericano para una Sociedad y un Derecho Alternativos, Centro de
Pensamiento Amazonía and Universidad Nacional de Colombia.
A/HRC/24/41/Add.3, para. 25.
15