A/HRC/54/52
of militarization of Indigenous territories and violations of their human rights. 28 The Special
Rapporteur on the rights of Indigenous Peoples has recommended that major development
projects should never be handled primarily as a problem of national security or law and order,
as that often leads to military or police action that may violate the human rights of Indigenous
Peoples.29
21.
Related to the use of military force for development and for private enterprises,
international investment agreements applying to Indigenous territories are often accompanied
by the deployment of military and private security services in violation of article 30 of the
Declaration which prohibits activities not justified by a relevant public interest or otherwise
freely agreed to or requested by the Indigenous Peoples concerned. Such security presences
are effectively mandated under certain existing interpretations of the provisions of such
agreements on full protection and security, leading to a direct conflict between international
investment law and international human rights law.30
22.
The Expert Mechanism has received information on the significant rise in militarized
approaches to conservation31 with the expansion of protected areas32 and the increased focus
on biodiversity conservation 33 and addressing climate change. Indigenous territories may
become increasingly militarized in response to the 30 by 30 target, under the Convention on
Biological Diversity, to protect 30 per cent of the planet by 2030. Protected areas often feature
heavy policing, with national wildlife services and local government rangers patrolling the
protected areas, including those in Indigenous territories.34 The militarization of conservation
has been documented in the Central African Republic, the Democratic Republic of the
Congo, Guatemala, India and South Africa. Park guards and rangers receive a military-type
training and funding has increased for arming guards.35 For example, protected areas in the
10 countries in Central Africa have doubled in the past 20 years to more than 200 protected
areas, covering a total of 800,000 km², or twice the size of Cameroon. 36
IV. The impact of militarization on the rights of Indigenous
Peoples
A.
Rights to life, integrity, liberty and security
23.
Article 7 of the Declaration refers to Indigenous individuals’ rights to life, integrity,
liberty and security of person. Articles 6 and 9 of the International Covenant on Civil and
Political Rights recognize the rights to life and to physical integrity, respectively. The
militarization of Indigenous territories often places members of Indigenous Peoples at a grave
28
29
30
31
32
33
34
35
36
6
See communication MEX 11/2020. All communications mentioned in the present report are available
from https://spcommreports.ohchr.org/Tmsearch/TMDocuments/.
E/CN.4/2003/90 and E/CN.4/Sub.2/AC.4/2006/2.
A/HRC/33/42, para. 37; see also the submission from the Special Rapporteur on the rights of
Indigenous Peoples, Francisco Calí Tzay.
Submission from Indigenous Peoples of Africa Coordinating Committee.
Nigel Dudley, ed., Guidelines for Applying Protected Area Management Categories Including IUCN
WCPA Best Practice Guidance on Recognising Protected Areas and Assigning Management
Categories and Governance Types, Best Practice Protected Area Guidelines Series, No. 21 (Gland,
Switzerland, International Union for the Conservation of Nature and Natural Resources, 2013).
See, for example, the discussion on the post-2020 global biodiversity framework at
https://www.iucn.org/sites/default/files/2022-11/iucn-issues-brief_post2020_final.pdf.
Minority Rights Group International, “UN plan to protect 30 per cent of the planet by 2030 could
displace hundreds of millions, NGOs and experts warn”, 2 September 2020.
Vicky Tauli-Corpuz and others, “Cornered by PAs: adopting rights-based approaches to enable costeffective conservation and climate action”, World Development, vol. 130 (June 2020).
French Agricultural Research Centre for International Development, “Protected areas in Central
Africa: a new report proposes avenues to improve their effectiveness”, 29 June 2021.
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