A/HRC/54/52
cities, volunteers from among Indigenous Peoples, as well as Indigenous people from regions
whose authorities had not taken proper and timely measures, were called for mobilization.
33.
In regard to the Dakota Access Pipeline protests in the United States, United Nations
experts issued a public statement calling on United States security forces, law enforcement
officials and private security firms to address and take responsibility for the unjustified force
that they have used to deal with opponents of the project.61 Similarly, in Canada, an injunction
requested by a pipeline corporation resulted in the dismantling of a protest camp of the
Wet’suwet’en in January 2019 in north-west British Columbia and led to mass arrests.62 It
was alleged that the police in Canada had prepared to use excessive, and even lethal force. 63
It has been further reported that the State refused to release internal records relating to the
Wet’suwet’en protests under an exemption typically related to gathering information on
terrorism.64
B.
Right to land, territories and natural resources
34.
The increased militarization of Indigenous lands, territories and resources in several
regions, as recognized and elaborated upon by the Expert Mechanism, severely hampers
Indigenous Peoples’ enjoyment of their land and contributes to dispossession. 65 The legal
security of Indigenous Peoples’ right to land is fundamental to reduce conflict, including
intercommunity conflict, as well as to strengthen Indigenous territorial governance. 66
35.
Article 29 of the Declaration establishes the right to the conservation and protection
of the environment and the productive capacity of the lands, territories and resources.
Effective measures have to be taken by States to ensure that no storage or disposal of
hazardous materials, including related to military activities, takes place in the lands or
territories of Indigenous Peoples without their free, prior and informed consent.
36.
In some States, the presence of military forces in Indigenous areas has reportedly
resulted in the forcible acquisition of Indigenous lands, increased settlement by nonIndigenous groups in those lands, the destruction of Indigenous Peoples’ homes, and
breakdowns in Indigenous Peoples’ control over their territories.67 In South and South-East
Asia, States such as Bangladesh, India, Myanmar, Nepal, the Philippines and Thailand have
allegedly used repressive strategies to control Indigenous Peoples by deploying their security
forces (the military, paramilitary forces, border guards, intelligence agencies and the police).
These States’ violence has contributed to dispossession of land and forced displacement of
Indigenous Peoples. In Cambodia, there are reports of arrests made by armed private military
and security companies, police and rangers, of the hiring of military personnel to protect
logging operations, and banning of the forest patrols which is enforced by armed rangers and
police. 68 In Colombia, Indigenous Peoples have allegedly been evicted from their lands,
including with the assistance of military and paramilitary forces, due to the establishment of
clean energy projects (in addition to oil, mining, coal and energy projects), including
renewable energies such as hydroelectric, photovoltaic and wind power.69
37.
Some Indigenous Peoples experience forced population transfer programmes. In
Bangladesh, it has been reported that a population of more than 400,000 Bengali Muslims
61
62
63
64
65
66
67
68
69
GE.23-14759
OHCHR, “Native Americans facing excessive force in North Dakota pipeline protests – UN expert”,
15 November 2016.
Division for Inclusive Social Development of the Department of Economic and Social Affairs, and
Indigenous Peoples and Development Branch of the Secretariat of the Permanent Forum on
Indigenous Issues, State of the World’s Indigenous Peoples: Rights to Lands, Territories and
Resources, vol. 5 (2021), p. 69.
Submission from Gidimt’en Land Defenders, Wet’suwet’en Nation.
Ibid.
See A/HRC/EMRIP/2019/2/Rev.1.
Ibid.
See A/HRC/24/41/Add.3.
Submission from the International Work Group for Indigenous Affairs.
Leonardo González Paragón, presentation at the virtual Expert Seminar hosted by the University of
British Colombia, February 2022.
9