A/77/238
concerning the Ngorongoro Conservation Area must comply with relevant human
rights standards. 9
25. In Kenya, the Ogiek indigenous peoples have been subjected to forced evictions
without respite during the coronavirus disease (COVID -19) pandemic and are denied
access to their ancestral lands in the Mau forest complex despite the landmark
judgment in their favour by the African Court on Human and Peoples’ Rights in
2017. 10 The Special Rapporteur was requested by the Court to provide expert
testimony in the reparations phase of the Ogiek case proceedings. In his written
testimony, the Special Rapporteur emphasized that indigenous peoples play a crucial
role in conservation and that, in order to ensure restitution, indigenous peoples need
to be able to effectively exercise their right to their lands, territories and resources,
and there must be delimitation, demarcation and titling of these. 11
26. In Latin America, indigenous peoples in protected areas, notably those in
voluntary isolation and initial contact, have been made increasingly vulnerable. States
have jeopardized the physical and cultural existence of indigenous peoples in
voluntary isolation by allowing extractive activities on, and illegal trespassing into,
their ancestral territory and by failing to demarcate such territory. Oil pollution in the
Peruvian Amazon and the escalation of illegal mining activities and associated
mercury pollution in Brazil highlight the serious threats faced by indigenous
peoples. 12
27. Across Asia, there is still a lack of understanding of indigenous traditional
practices, such as rotational crop cultivation and forest management, and of the
contribution made by indigenous peoples to sustainable conservation and
biodiversity. Tourism projects in protected areas continue to result in restrictions on
indigenous peoples’ lands in several countries, including Bangladesh, In dia and
Indonesia (see A/HRC/45/34/Add.3). In July 2019, the Special Rapporteur raised
concern about an order of the Supreme Court of India to evict up to 9 million Adivasis
across the country and about amendments to the Indian Forest Act of 1927 that would
increase the discretionary policing powers of forest officers. 13
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10
11
12
13
22-11289
See www.ohchr.org/en/press-releases/2022/06/tanzania-un-experts-warn-escalating-violenceamidst-plans-forcibly-evict.
Communications UA KEN 2/2016 and AL KEN 3/2020 addressed to Kenya, available at
https://spcommreports.ohchr.org/TMResultsBase/DownLoadPublicCommunicationFile?gId=16640
and https://spcommreports.ohchr.org/TMResultsBase/DownLoadPublicCommunicationFile?gId=
25492. All communications of special procedure mandate holders can be found at
https://spcommreports.ohchr.org/TmSearch/Results.
The written expert testimony is available at www.ohchr.org/sites/default/files/Documents/Issues/
IPeoples/SR/TestimonyOgiek.pdf.
Communications AL BRA 15/2021 and AL BRA 3/2021 addressed to Brazil, available at
https://spcommreports.ohchr.org/TMResultsBase/DownLoadPublicCommunicationFile?gId=26913
and https://spcommreports.ohchr.org/TMResultsBase/DownLoadPublicCommunicationFile?gId=
26420; communication AL PER 9/2020 addressed to Peru, available at
https://spcommreports.ohchr.org/TMResultsBase/DownLoadPublicCommunicationFile?gId=25732;
www.ohchr.org/en/press-releases/2021/06/brazil-un-experts-deplore-attacks-illegal-minersindigenous-peoples-alarmed; and Inter-American Commission on Human Rights, Pueblos Indígenas
en aislamiento voluntario Tagaeri y Taromenane, Ecuador, Case No. 12.979.
Communication IND 13/2019 addressed to India, available at https://spcommreports.ohchr.org/
TMResultsBase/DownLoadPublicCommunicationFile?gId=24665 ; www.ohchr.org/en/pressreleases/2019/07/india-must-prevent-eviction-millions-forest-dwellers-say-un-experts?LangID=
E&NewsID=24786; www.ohchr.org/en/press-releases/2021/03/indonesia-un-experts-flag-rightsconcerns-over-3bln-tourism-project; and www.ohchr.org/en/press-releases/2021/02/un-expertscall-halt-contentious-tourism-resort-bangladesh.
9/20