A/HRC/45/34 murder of “Billy” by the Department of Special Investigation on 23 December 2019. 30 However, on 23 January 2020, the Attorney-General’s Office dropped the murder charges, citing insufficient evidence, and the outcome of the investigation remains uncertain. 25. Successive mandate holders have expressed long-standing concerns regarding the impact of conservation activities on indigenous peoples in Kenya. Since 2017, there has been an escalation of violence in the Embobut Forest: the Kenya Forest Service has repeatedly evicted indigenous Sengwer and burned their homes, and arrested community members. These acts were taking place despite the litigation by the Sengwer challenging the evictions and the issuance of a court injunction to prevent such evictions in the interim. Several Sengwer have been shot by the Kenya Forest Service, including one Sengwer herder who was killed in January 2018. 31 The European Commission supported a climate change project in the area, which included the Kenya Forest Service among the recipients of funding. The Special Rapporteur, together with other special procedure mandate holders, issued a press release in January 2018 calling for the project to ensure respect for human rights, and within days, the European Commission decided to suspend the project pending an assessment of its human rights compliance. 32 26. The Special Rapporteur sent a communication and issued a press release in July 2019 raising concerns over the Supreme Court order to evict up to 9 million Adivasi across India, as well as over amendments to the Indian Forest Act that would increase the discretionary policing powers of forest officers. 33 In November 2019, indigenous representatives and lawyers from India stated that the action by the mandate holder had undoubtedly increased national debate and had made Adivasi feel supported and that their voice was legitimized. The eviction order remains suspended. The Supreme Court hearing, initially scheduled to take place in July 2019, has been postponed until 2020. In addition, the proposed amendments to the Indian Forest Act were formally withdrawn by the Government in mid-November 2019 following the intensified national debate. There is hope that the Supreme Court will give careful consideration to the rights of indigenous peoples in its final decision on the eviction order. The Special Rapporteur will continue to monitor the situation closely. 27. Human rights impacts of business activities, particularly extractive industries, within or around indigenous peoples’ lands and territories, have also been a continuing concern for successive mandate holders. The Special Rapporteur and her predecessors have addressed this topic during their country visits and through thematic reports, communications and letters, including to business corporations. In February 2019, together with other special procedure mandate holders, the Special Rapporteur sent a communication to the Government of the Philippines and to the Australian-based mining company OceanaGold regarding allegations that the establishment and operation of the gold and copper mine by OceanaGold Corporation had resulted in violations of the human rights of the indigenous peoples and local communities living near Didipio, Nueva Vizcaya Province, including impacts on their livelihoods and overall environmental degradation in the region due to the project. 34 The company engaged in dialogue with special procedures over human rights concerns. On 15 October 2019, the company announced publicly that it was suspending its operation of the Didipio mine. The action of the special procedures may have had a role in prompting the company to recognize its human rights responsibilities. Disputes have, however, persisted in 2020, along with allegations that certain activities by the mining company are still being carried out. 28. In other cases, courts have taken into account the Special Rapporteur’s country visit and thematic reports. In regard to Guatemala, some relevant recommendations from the Guatemala country visit report were considered in the Constitutional Court decision on the 30 31 32 33 34 8 See www.bangkokpost.com/thailand/general/1822474/former-park-chief-charged-on-6-counts-inbilly-murder-case#cxrecs_s. KEN 1/2018 and OTH 1/2018. See www.ohchr.org/en/NewsEvents/Pages/DisplayNews.aspx?NewsID=22584&LangID=E. IND 13/2019. PHL 1/2019 and OTH 2/2019. The company response is available at https://spcommreports.ohchr.org/TMResultsBase/DownLoadFile?gId=34621.