A/77/514
Interlocutors report that restrictions flowing from Canada's 1867 Indian Act effectively
prevented indigenous women from voting, serving as elected representatives, or benefiting
from matriarchal inheritance, entrenching inequality. 113 Land appropriation often has
gendered ramifications, particularly "underminin[g] indigenous women's status and roles" in
matriarchal and matrilineal societies.114 In one recent comparative survey, 22 of 30 States
gave greater legal recognition to men's rights over women's in inheriting traditional land. 115
49.
Historically, colonial and patriarchal systems steeped in prejudice towards indigenous
culture and spirituality have depicted women as "untamed savage[s]," "witches," and
"uncivilized"116 —a subject to "normalize" through forced assimilation—to "exotic" and
"sexually deviant"117 because of norms for sexual and reproductive practices (e.g., birth
outside of marriage and widow re-marriage). The Special Rapporteur is concerned with
reports that media, cultural influencers, and individuals hypersexualize, fetishize and
objectify indigenous women. Patriarchal concepts of sex- and gender-based roles, sex-based
superiority or inferiority, increasing social inequalities, and the prevalence of maledominated power structures are among multidimensional causes of harmful practices against
indigenous women118 which threaten their ability to live freely, equally, and in keeping with
their right to freedom of religion or belief.
50.
Amongst those harmful practices, many indigenous women worldwide are
disproportionately vulnerable to SGBV, trafficking, and acts related to witchcraft accusations
and ritual attacks.119 The National Human Rights Commission ("NHRI") of Nepal recently
found that 49% of women trafficking survivors are indigenous.120 Indigenous Australian
women are 35 times more likely to experience domestic and family violence.121 In Cameroon,
55% of Mbororo women testify to surviving domestic violence before they were 15 years
old.122 "Man camps" (temporary housing facilities for the majority non-indigenous
workforce) in Malaysia, India, and Canada have reportedly heightened SGBV against
indigenous women.123 One study of Fort Berthold Indian Reservation found a correlation
between workers’ arrival and an approximately 75% increase in sexual assaults.124
Interlocutors also highlight that indigenous survivors of SGBV often face stigmatization from
within their communities and the police. Said treatment and attitudes often deter reporting,
increase the risk of revictimization, and effectively function to "protect perpetrators and
silence women."125
51.
Several scholars characterize indigenous women as occupying a space that oscillates
between invisibility in private—primarily as survivors of SGBV—and hypervisibility in
113
114
115
116
117
118
119
120
121
122
123
124
125
14
https://indigenousfoundations.arts.ubc.ca/marginalization_of_aboriginal_women/
A/HRC/30/41,(para.16)
https://rightsandresources.org/wp-content/uploads/2017/07/Power-and-Potential-A-ComparativeAnalysis-of-National-Laws-and-Regulations-Concerning-Womens-Rights-to-CommunityForests_May-2017_RRI-1.pdf
E.g. Submissions-UCTP, IITC.
E.g. https://nwac.ca/assets-knowledgecentre/Fact_Sheet_Root_Causes_of_Violence_Against_Aboriginal_Women-1.pdf,(p.3).
A/HRC/50/26,(paras.24-25); https://www.unfpa.org/resources/breaking-silence-violence-againstindigenous-girls-adolescents-and-young-women,(pp.19-26).
Submissions-UCTP, IITC;
https://journals.sagepub.com/doi/abs/10.1177/097185240000400301,(p.18);
https://vc.bridgew.edu/cgi/viewcontent.cgi?article=1219&context=jiws,(pp.21-22);
https://www.oas.org/en/iachr/reports/pdfs/indigenouswomen.pdf,(paras.113-117).
https://www.culturalsurvival.org/news/indigenous-women-and-girls-disproportionately-traffickednepal.
https://www.dss.gov.au/women/programs-services/reducing-violence/the-national-plan-to-reduceviolence-against-women-and-their-children-2010-2022
https://ffacameroon.org/activities/gender-based-violence-against-indigenous-women-and-girls-gbv/
https://scholarlycommons.law.northwestern.edu/nulr/vol116/iss2/4/;
https://www.asianindigenouswomen.org/index.php/violence-against-indigenous-women/73-a-widercontext-of-sexual-exploitation-og-penan-women-and-girls-in-middle-and-ulu-baram-sarawakmalaysia/file
https://scholar.law.colorado.edu/cgi/viewcontent.cgi?article=1671&context=articles,(pp.2-4).
A/HRC/30/41,(para.71).