A/77/514 negotiating an international agreement—yet its timing and provisions are unclear.222 In 2019, the rooibos tea industry delivered 1.5% of profits to Khoikhoi and San peoples in South Africa, who traditionally cultivated this sacred plant.223 J. Conclusion 82. A better understanding of indigenous peoples' right to freedom of religion or belief will not only benefit indigenous peoples but allow a broader appreciation of what a fuller realization of freedom of religion or belief for all entails. The right equally protects everyone, without a hierarchy of belief identity, whether enjoyed by millions or hundreds or exercised in buildings or sacred groves on indigenous territories. 83. Reflecting the richness and diversity of human experiences, the Special Rapporteur recalls that indigenous peoples belong to all faiths and none—and many enjoy them syncretistically. Protecting indigenous peoples’ freedom of religion or belief must consider their distinctive spiritual needs, practices, and beliefs through a consultative approach. Such conditions include access to and use of territories, which are essential components of their physical, spiritual, and cultural survival and effective realization of their human rights more broadly, especially noting the holistic nature of their "worldview." Reports of forced displacement and sedentarization—frequently during development, extractive, tourism, or conservation projects—desecration and destruction of their sacred sites and, in several States, violence against indigenous HRDs raise serious concerns for their right to freedom of religion or belief. The Special Rapporteur emphasizes that it is impossible to analyse existing challenges to their exercise of freedom of religion or belief without acknowledging past exclusion and inequality. Systematic discrimination further makes it difficult for indigenous peoples to live, let alone live consistently with their spirituality. 84. As a Special Rapporteur on indigenous peoples has observed, a "lack of awareness" of indigenous rights repeatedly creates serious situations damaging their enjoyment of spirituality, culture, and traditional knowledge.224 This report initiates a valuable conversation within the UN system by analysing obstacles and opportunities for indigenous peoples in exercising their fundamental right to freedom of religion or belief rather than marking an endpoint. K. Recommendations 85. The Special Rapporteur acknowledges the historic exclusion of many indigenous peoples from the development of international law instruments that affect them, including the right to freedom, religion, or belief. Emphasizing that holistic and human-rights-based solutions typically encompass indigenous spiritual considerations and address systematic disadvantage, and must ensure their FPIC, noting concerns that there should be "nothing about us, without us," the Special Rapporteur recommends: 1. States (i) Establish legal and policy frameworks that recognize the right of indigenous peoples to their beliefs and comprehensively promote and protect their rights—drawing on UNDRIP specifically—including freedom of religion or belief. To this end, regularly review and revise such frameworks to tackle discrimination, undue restrictions on spiritual manifestations, and impediments to access and use of their lands. (ii) Establish collaborative, consultative mechanisms for indigenous peoples to effectively influence decision-making on issues that affect them, including developing holistic rights-based policies and matters affecting spiritual practices. Consider and seek to 222 223 224 https://www.wipo.int/tk/en/igc/. https://www.culturalsurvival.org/publications/cultural-survival-quarterly/indigenous-peoples-sharetea-industry-profits. A/HRC/15/37, para.28. 23