A/HRC/54/52
are reports that national and international military forces have set up bases and compounds
and engaged in military exercises on Indigenous land, without free, prior and informed
consent, in places such as Burkina Faso, Cameroon, Chad, Kenya, Mali, Morocco, the Niger,
Senegal, Tunisia and Uganda.83
43.
Article 28 of the Declaration requires that Indigenous Peoples receive redress for
violations of their land rights, including for the confiscation of lands, territories and resources
and for the occupation, use or damage of lands, territories and resources without their free,
prior and informed consent. In Ecuador, the Constitutional Court ruled in 2020 against
Ministerial Agreement No. 080 issued by the Ministry of the Environment regarding the
Cuembí Triangle Protected Forest for violating the constitutional right of Indigenous Peoples
to be consulted prior to the adoption of any regulatory measure that may affect any of their
rights; the right for military activities not to be carried out in their territories without their
consent; and the right to the possession of their ancestral lands. 84 In Colombia, the Special
Jurisdiction for Peace recognized Indigenous territories as victims of the armed conflict,
identifying the socio-environmental damage and the vulnerability of human-nature relations
that were systematically destroyed by the war.85
C.
Economic, social and cultural rights
44.
The militarization of Indigenous Peoples’ lands, territories and resources is
detrimental to their economic, social and cultural rights because, in some instances, the
protection of land, territories and natural resources is necessary to guarantee other rights,
such as the rights to culture, health, water and food.86 In other cases, the military activities
themselves can lead to the disruption of vital services, including education and health
services. As noted by the Special Rapporteur, responses based on a counter-terrorism
framework may easily violate the economic, social and cultural rights of Indigenous
Peoples.87 Indigenous Peoples’ economic, social and cultural rights, including their rights to
health and education and to practise their livelihoods, should act as a constraint on any
military programmes targeting their territories.88
45.
The militarization of the Chittagong Hill Tracts in Bangladesh has had a significant
impact on the economic rights of the Jumma. Many have lost their traditional livelihoods,
because of the destruction of natural habitats and forced displacement. 89 In Iraq,
militarization has reportedly impacted the Assyrians’ livelihoods and prevented their access
to health services.90
46.
In some militarized Indigenous territories, the army or paramilitary personnel have
occupied schools, which are therefore required to close down. 91 The Expert Mechanism has
received information about the closing down of Indigenous community-initiated schools
because they are perceived as training grounds for rebels, such as the Lumad schools in
Mindanao, Philippines. 92 In Panay, Philippines, there are reports of the military utilizing
schools and civilian facilities as military posts or barracks. 93 In Myanmar, schools have
83
84
85
86
87
88
89
90
91
92
93
GE.23-14759
Submission from the Indigenous Peoples of Africa Coordinating Committee.
See https://portal.corteconstitucional.gob.ec/FichaRelatoria.aspx?numdocumento=20-12-IN/20.
See https://www.jep.gov.co/Sala-de-Prensa/Paginas/Las-particularidades-de-los-macrocasosterritoriales-de-la-JEP.aspx (in Spanish).
A/HRC/45/38, para. 11.
See A/HRC/6/17 and A/HRC/6/17/Corr.1.
See A/HRC/24/41/Add.3.
Submission from Minority Rights Group International. See also the submission from Parbatya
Chattagram Jana Samhati Samiti.
Submission from Mikhaeel Benjamin Dawoud.
A/HRC/30/41, para. 26.
Jill Cariño, presentation at the Expert Seminar, Geneva, December 2022, and the submission from the
Legal Rights and Natural Resources Center; see also the submission from the Panaghiusa Philippine
Network.
Submission from the Defend Panay Network.
11