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

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