A/HRC/45/34
found guilty of the murder and were convicted, this time including executive staff from
Desarrollos Energéticos S.A.
21.
The Special Rapporteur has also expressed her concern about attacks on indigenous
organizations for their work in defending indigenous peoples’ human rights. In January
2015, the Confederation of Indigenous Nationalities of Ecuador denounced the unilateral
termination by the Government of Ecuador of the 30-year lease on the offices used by the
Confederation since 1984. The Confederation considered this decision to be reflective of
the increased restrictions on the work of indigenous and civil society organizations in the
country. The decision was reversed after the Special Rapporteur addressed a
communication to the Government of Ecuador on the situation. 25
22.
Civil society organizations, and individuals such as lawyers, supporting indigenous
peoples’ rights, have also been subject to attacks. In December 2016, the Ministry of the
Interior in Ecuador sought to shut down the non-governmental organization Acción
Ecológica, which advocates for environmental causes and the rights of indigenous peoples.
The Special Rapporteur, together with other special procedure mandate holders, sent a
communication and issued a public press release expressing concern about the restrictions
on freedom of expression and association. Within a matter of days, in January 2017, the
country’s Ministry of the Environment announced that it had rejected the request of the
Ministry of the Interior to shut down the organization.
23.
Another issue that has repeatedly been brought to the attention of the Special
Rapporteur is violation of the rights of indigenous peoples due to conservation activities. In
her report to the General Assembly in 2016, the Special Rapporteur presented
recommendations on how indigenous peoples’ rights should be better protected in
conservation policy and practice. 26 She was invited to present her report to the World
Conservation Congress, of the International Union for Conservation of Nature – the largest
global forum for the adoption of conservation policies, which was held in Hawai’i in
September 2016. In a positive development, the Congress adopted several resolutions in
line with some of the recommendations in the Special Rapporteur’s report, including on the
need for safeguarding indigenous lands, territories and resources from unsustainable
developments by encouraging governments to work with indigenous peoples in order to
create, institute and enforce legal and management regimes for protected areas to enhance
accountability and improve governance.27
24.
With regard to Thailand, the Special Rapporteur has repeatedly raised concerns over
the continuing impact of the violations of the rights of the indigenous Karen peoples in the
Kaeng Krachan Forest Complex, ongoing since 2011, by officials of the National Park,
Wildlife and Plant Conservation Department, and over the failure to ensure accountability
for these violations, which included the enforced disappearance of indigenous human rights
defender, Pholachi Rakchongcharoen, known as Billy, who was later found murdered. The
Government of Thailand nominated the Kaeng Krachan Forest Complex to be designated as
a UNESCO world heritage site, initially in 2011, and reactivated its nomination in respect
of the complex in February 2019. That same month, the Special Rapporteur sent a
communication to the Government of Thailand, the UNESCO World Heritage Committee
and the International Union for Conservation of Nature raising concerns about the alleged
violations against the Karen, the lack of consultation, and the failure to seek their free, prior
and informed consent, and also about the impact that UNESCO heritage status, if awarded,
might have on the Karen communities’ land rights and livelihoods.28 In July 2019, at its
forty-third session, the World Heritage Committee decided not to award the Kaeng Krachan
Forest Complex heritage status and referred the nomination back to the Government of
Thailand to “demonstrate that all concerns have been resolved, in full consultation with the
local communities”.29 The suspects, who were national park officials, were charged with the
25
26
27
28
29
ECU 1/2015.
A/71/229.
See, among other resolutions, WCC 2016 Res 088 EN, WCC 2016 Res 075 EN and
WCC 2016 Res 030 EN, available from https://portals.iucn.org/library/resrec/search.
THA 2/2019, OTH 7/2019 and OTH 8/2019.
Decision 43 COM 8B.5, available at https://whc.unesco.org/en/decisions/7360.
7