A/77/514
community, which depends on indigenous lands as a critical source of life and healing.163
Many justice systems are community-orientated, using rehabilitation and reintegration in
"seek[ing] to heal the offender, victim, and community."164 And their socio-economic
philosophies frequently emphasize "social responsibility and reciprocity," guiding
production and distribution of goods, sustainable practices, and engagement in traditional
occupations (e.g., hunting, fishing).165
62.
By failing to develop culturally relevant, holistic solutions that consider indigenous
peoples' rights and needs, several interlocutors submit that States' practices and policies are
relatively ineffective—and may even be detrimental. Invoking neoliberal principles, some
States have paternalistically sought to justify or legitimize rights violations as being in
indigenous peoples' "best interests." Such claims include rationalizations that forced
relocation facilitates indigenous peoples’ access to modern goods and services, despite
profoundly rupturing community cohesion and identity. States often consider traditional
livelihood activities as "irrelevant" and sometimes discourage them "even in the absence of
viable alternatives."166
63.
For interlocutors, the lack of culturally appropriate options and the State's failure to
fulfil positive obligations in protecting their collective identity and their rights to exercise
culture, language, and religion have compounded disadvantages.167 Many indigenous
peoples globally have comparatively low educational achievement rates (low attendance and
literacy and high dropout). Cited factors include lack of indigenous language options,
culturally appropriate curricula, physically accessible schools, or institutional
accommodation of traditional practices (e.g., hunting, nomadic lifestyle, and sacred
ceremonies).168
G.
Civic and political exclusion
64.
When the rights of one community suffer, the whole of society suffers. Empowering
indigenous peoples by respecting their rights to equal participation within political and public
spheres is paramount for ensuring democracy, peace, and security, especially by empowering
them to mitigate disadvantages and better advocate for rights, including freedom of religion
or belief. However, many indigenous peoples regularly suffer exclusion from civic and
political spaces because of their indigeneity and/or religion or belief identity.
65.
Some States prohibit those not belonging to their official religion or belief system
from holding public office, contrary to their right to non-discrimination.169 Other indigenous
peoples are divested or denied citizenship, affecting their socio-economic participation.
Myanmar's 1982 Citizenship Law reportedly fails to recognize the ethnoreligious Rohingya
community as citizens, rendering them stateless and denying them myriad civil and political
rights, including participation in elections.170 Sedentarization, forced dispossession and
relocation, and denial of citizenship rights have significantly impaired the tribal traditions of
the Bedouins and their relationship to the land in several Middle Eastern countries.
66.
States have legitimate interests in upholding public safety and national security. Yet
several States have allegedly instrumentalized their ‘security’ and counterterrorism
frameworks –– contrary to a human-rights-based approach –– to discriminatorily impede or
criminalize indigenous peoples' enjoyment of their rights, including their freedom of
163
164
165
166
167
168
169
170
18
https://winnunga.org.au/wp-content/uploads/2018/10/Spirituality-Review-2009.pdf
https://berkleycenter.georgetown.edu/responses/on-lifeways-and-litigation-rethinking-nativeamerican-religious-freedom. Also A/HRC/42/37,(paras.24-25).
A/HRC/36/53,(paras.3,24).
https://www.un.org/en/ga/69/meetings/indigenous/pdf/IASG%20Thematic%20paper_%
20Employment%20and%20Social%20Protection%20-%20rev1.pdf,(p.3).
CCPR/C/21/Rev.1/Add.5,(para.6.2).
https://www.ilo.org/wcmsp5/groups/public/---dgreports/--gender/documents/publication/wcms_792208.pdf,(p.49).
A/HRC/37/49,(para.56); https://www.pewresearch.org/fact-tank/2014/07/22/in-30-countries-headsof-state-must-belong-to-a-certain-religion/
A/HRC/39/64,(para.30).