A/72/186
measures. 59 The consequences of such violations on indigenous peoples, as observed
by the mandate holder in a wide range of countries across the world, continue to
result in the expropriation of land, forced evictions, and the denial of self governance, as well as discrimination against traditional livelihoods and loss of
culture and spiritual sites.
54. In several regions, large-scale land-grabbing is escalating and producing
serious human rights violations and direct attacks against indigenous leaders and
community members who seek to defend their land rights. Indigenous peoples are
being threatened, arrested and prosecuted and, in the worst situations, they become
the victims of extrajudicial executions. 60
55. The nature of the allegations received by the mandate holder indicates an
increase in violence against indigenous peoples when they defend their basic human
rights, including their rights to lands and resources. Within this context, the use of
anti-terrorist legislation, the terming of human rights defence as a criminal activit y,
and impunity when crimes against indigenous peoples are committed remain very
serious concerns. In the past 10 years the mandate holder has addressed, often
together with other special procedures mandate holders, many cases of violence
against indigenous peoples, their leaders and representatives. This has been
undertaken through the communications procedure and the release of public
statements. 61 The mandate holder has also sought to address these situations by
engaging the Governments in constructive dialogues and by undertaking working
visits to examine the issues in more depth. The Special Rapporteur intends to
develop further research on this issue but would like to emphasize that the
underlying reason for the key problems seen in these cases is the l ack of observance
of indigenous land, natural resources and related rights recognized in the
Declaration and other human rights instruments.
56. The mandate holder has provided numerous recommendations in country
reports and in communications on measures and actions to be adopted to realize
indigenous peoples’ land and resources rights. These include the development of an
adequate legal framework in accordance with international human rights standards;
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59
60
61
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See, for example, with regard to hydroelectric dams: Lao People’s Democratic Republic
(A/HRC/9/9/Add.1 and A/HRC/12/34/Add.1); Niger (A/HRC/9/9/Add.1); Panama
(A/HRC/9/9/Add.1, A/HRC/12/34/Add.1 and A/HRC/12/34/Add.5); Ethiopia
(A/HRC/12/34/Add.1, A/HRC/19/34 and Corr.1 and A/HRC/27/52/Add.4); India
(A/HRC/12/34/Add.1); Costa Rica (A/HRC/27/52/Add.4); Guatemala (A/HRC/18/51 and Corr.1
and A/HRC/27/52/Add.4, communication No. GTM 4/2013); Brazil (A/HRC/12/34/Add.2 and
A/HRC/33/42/Add.5); Paraguay (A/HRC/30/41/Add.1); and Honduras (A/HRC/33/42/Add.2).
On the impacts of mining, hydrocarbons and similar projects: Canada ( A/HRC/12/34/Add.1);
India (A/HRC/12/34/Add.1); Kenya (A/HRC/27/52/Add.4, communication No. KEN 7/2013);
Suriname (A/HRC/27/52/Add.4, communications Nos. OTH 4/2013 and 8/2013); Australia
(A/HRC/32/53, communication No. AUS 2/2016). In relation with conservation activities, see
A/71/229. On forced displacement, see A/HRC/12/34/Add.1 and A/HRC/21/47/Add.2.
In 2016-2017, the mandate holder sent communications expressing concerns over alleg ations of
such violations inter alia in Brazil, Colombia, Ecuador, Guatemala, Honduras, Paraguay, Peru,
Ethiopia, Kenya, the United Republic of Tanzania, India, Indonesia, the Philippines and the
United States of America, available from https://spcommrepor ts.ohchr.org/.
See A/HRC/9/9/Add.1 (Chile (see also A/HRC/19/44, communication No. CHI 1/2011) and New
Zealand) on anti-terrorist laws; A/HRC/9/9/Add.1 (Colombia, Ecuador, Kenya, Malaysia (see
also A/HRC/12/34/Add.1), Mexico (see also A/HRC/12/34/Add.1), Rwanda and United Republic
of Tanzania); A/HRC/12/34/Add.1 (Chile, Colombia, Guatemala, India, Niger, Papua New
Guinea, Philippines and Viet Nam); A/HRC/19/44 (Peru, Guatemala and Brazil); A/HRC/20/30
(Costa Rica, communication No. CRI 1/2012); A/HRC/27/52/Add.4 (Argentina, Bangladesh,
Brazil, Cameroon, Canada, Chile, Colombia, Ecuador, Honduras and United Republic of
Tanzania). See also A/HRC/12/34/Add.2 (2009); A/HRC/15/37/Add.3 (2010);
A/HRC/21/47/Add.2 (2012); A/HRC/33/42/Add.1 (2016); and A/HRC/33/42/Add.2 (2016).
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