A/77/514
of the planet by 2030 must not disproportionately affect indigenous peoples or their human
rights.
36.
As the Special Rapporteur on human rights defenders ("HRDs") observes, protection
of environmental HRDs—including indigenous peoples—is "inherently linked" to the
"protection of their communities and peoples,"83 including their freedom of religion or belief.
Yet State and non-State actors intimidate, torture, and even murder them for advocating for
their rights and protection of sacred lands, such as Brazilian miners reportedly "open[ing]
fire with automatic weapons from speed boats" on Yanomami peoples.84 In 2021, Front Line
Defenders verified murders of 358 HRDs across 35 countries, 26% of whom were
indigenous.85 Insecurity and impunity foster such violence, with indigenous HRDs in
Colombia being increasingly caught up in the crosshairs of paramilitary and criminal violence
and targeted in their homes during COVID-19 lockdowns.86
37.
Indigenous women HRDs have described experiencing gendered forms of violence,
harassment, and intimidation from State and non-State actors seeking to quell their advocacy
as "a triple punishment:" for being indigenous women and HRDs against powerful interests.87
They also report threats of sexual and gender-based violence (“SGBV”) and smear campaigns
(e.g., accusations of "unfaithfulness") on online platforms. 88 Civil society highlight that
Indian security forces have systematically used SBGV to intimidate, humiliate and terrorize
Adivasi activists, undermining community cohesion and resistance to land displacement and
exploitation.89
C.
Restrictions on manifestations of indigenous spirituality
38.
Countless indigenous communities have reported living with historical and ongoing
violations of their freedom of religion or belief through State restrictions on ceremonial
practices and spiritual leaders, often aimed at forced assimilation and conversion. Until the
early 20th century, Japan banned several Ainu practices, including their bear-spirit-sending
ceremony (iyomante), ostensibly only reversing the decision to capitalize on its tourism value
as a "savage spectacle."90 Canada and the USA previously banned Sun Dances, potlatches,
and other traditional practices considered "anti-Christian" that are essential for worship and
intergenerational transmission of knowledge.91 Given their spiritual centrality, some still
practised them clandestinely. Religious organizations have similarly stigmatized and banned
indigenous spiritual practices as "morally damaging" or "corrupt."92 Greenlandic experts
observe that the State-sponsored Lutheran Church imposed such restrictions, impairing their
drum dance and shamans.
39.
According to the Expert Mechanism on Rights of Indigenous Peoples ("EMRIP"),
improper acquisition, retention, and use of ceremonial objects may violate indigenous
peoples' right to freedom of religion or belief. 93 Many indigenous peoples regard these
objects, and human remains as physical representations or homes of spirit, respectively,
83
84
85
86
87
88
89
90
91
92
93
A/HRC/46/35,(para.54).
https://www.nationalgeographic.com/history/article/war-on-indigenous-amazon-communities-inbrazil.
https://www.frontlinedefenders.org/sites/default/files/2021_global_analysis_-_final.pdf,(p.5).
https://www.globalwitness.org/en/campaigns/environmental-activists/last-line-defence/;
https://static.globalwitness.org/interactives/2021/led-data-explorer/data/global_witness_led_20-1021.csv
Submission-Survival International. A/HRC/50/26,(para.32).
A/HRC/40/60,(paras.63-65); A/HRC/39/17,(para.78).
https://assets.survivalinternational.org/documents/2057/Brutalized_for_resistance.pdf.
https://www.asianstudies.org/publications/eaa/archives/ainu-e-instructional-resources-for-the-studyof-japans-other-people/
https://archive.nytimes.com/tierneylab.blogs.nytimes.com/2008/12/15/the-potlatch-scandal-bustedfor-generosity/; http://projects.leadr.msu.edu/firststoryna/exhibits/show/blackfootmoccasins/american-indian-religious-free
E.g. https://www.jstor.org/stable/41348743,(pp.850-851).
A/HRC/45/35.
11