A/77/514
have repatriation policies for human remains, including the State Ethnographic Collections
in Saxony, Germany. 208
77.
In acknowledging violations and seeking remedies for indigenous survivors of forced
assimilation policies, Finland and other States have established Truth and Reconciliation
Commissions, and USA officials have investigated federal Indian Boarding Schools. 209 A
recent Papal apology for the acts of Catholics in Canada's residential school system was
lauded as historic but criticized for neither pledging reparations nor acknowledging
institutional responsibility.210 An Argentinian court also ordered reparations for the Napalpi
Massacre that facilitate spiritual healing for victims' descendants.211 In the absence of
national safeguards or effective remedies, indigenous peoples have approached regional and
international human rights mechanisms.212
78.
Efforts to prevent rights violations against indigenous peoples, including those that
may amount to atrocity crimes, are underway in several States—including tailored policies
to prevent and respond to SGBV. 213 With the Network for Religious and Traditional
Peacemakers, the UNOGP is advancing a consultative process to develop a Plan of Action
for Traditional Actors to Prevent Atrocity Crimes.214 While Royal Canadian Mounted Police
receive cultural awareness and anti-bias training, some doubt its ability to singlehandedly
address systemic racism. States—including Sweden, Australia, and New Zealand—
incorporate indigenous peoples' history, contributions, and legacy in education programs to
challenge prejudices and discriminatory practices. 215
79.
Strong civil society and NHRIs—through advocacy, litigation, monitoring, and
reporting—have an invaluable role in holding duty-bearers to account for violations of
indigenous peoples' rights, including freedom of religion or belief. Kenya's NHRI has
supported the development of a training manual for conserving indigenous lands,216 and
CHRP has established the Indigenous Peoples' Human Rights Observatory alongside
indigenous peoples to monitor rights violations and promote community-orientated
solutions.217 Center for the Support of Native Lands produces maps of indigenous territories
to assist in their legal protection and fight unwanted resource exploitation. While civil society
coalitions work to better monitor violence against indigenous environmental and HRDs.218
80.
Some initiatives build bridges between indigenous peoples' spiritual needs and those
of other faith communities. Indigenous communities in Kyrgyzstan who practice Islam
advocate the majority communities for better protection of pilgrimage practices and natural,
but also Islamic, sacred sites.219 Indigenous peoples in French Polynesia protest against the
effects of nuclear testing with strong support from local church groups. 220 UNEP's Faith for
Earth Strategy explicitly encourages using indigenous traditional knowledge for sustainable
environmental management.221
81.
Efforts are underway to protect the intellectual property rights of indigenous peoples,
including their spiritual practices. WIPO's Intergovernmental Committee on Intellectual
Property and Genetic Resources, Traditional Knowledge, and Folklore is currently
208
209
210
211
212
213
214
215
216
217
218
219
220
221
22
Submission-Northwestern University.
https://www.doi.gov/pressreleases/department-interior-releases-investigative-report-outlines-nextsteps-federal-indian
https://www.npr.org/2022/07/25/1113498723/pope-francis-apology-canada-residential-schoolsindigenous-children; https://www.nytimes.com/2022/04/02/world/canada/catholics-reparationsindigenous-canada-schools.html
https://www.iwgia.org/en/news/4852-the-ruling-on-the-napalp%C3%AD-massacre-in-argentinajustice-for-the-past-and-inspiration-for-the-present.html
Submission-Endorois Welfare Council.
A/HRC/29/40,(para.56); A/HRC/50/26,(para.48).
Submission-Network for Religious and Traditional Peacemakers.
https://unesdoc.unesco.org/ark:/48223/pf0000369698
Submission-Kenya National Commission on Human Rights.
Submission-CHRP.
https://d3o3cb4w253x5q.cloudfront.net/media/documents/a_crucial_gap_low_res.pdf,(pp.33-35).
Consultation-EECA.
https://www.iwgia.org/en/resources/indigenous-world.html,(p.596).
https://www.unep.org/about-un-environment-programme/faith-earth-initiative/strategy