A/77/514
public as "deviant bodies."126 They are often targeted with discrimination, hostility, and
violence from State and non-State actors because of their visible, empowered choices
regarding religious dress, whether in wearing traditional attire (such as mujeres de pollera in
Bolivia)127 or refusing to wear gendered clothing based on interpretations of another
religion.128 In Algeria, indigenous women have felt pressure to remove traditional tattoos
(symbolizing fertility) with acid to avoid negative attention, as the majority Muslim
community considers them "haram" (forbidden). In a verdict later overturned, Sudan
convicted Christian Nuba women with "indecent dressing" under the 1991 Criminal Act for
wearing skirts and trousers.129
52.
Several States130 legitimately restrict harmful practices perpetuated in the name of
indigenous culture and spirituality that violate the rights of members of indigenous
communities.131 Restrictions have applied to such practices promoting banishment,
trafficking, beatings, child marriage, SGBV, mutilation and amputation, torture, and murder,
including persons with albinism.132 Some persons also invoke their interpretations of
indigenous beliefs to justify discrimination, violence, and hostility against indigenous of
lesbian, gay, bisexual, transgender/transsexual plus (“LGBT+”) persons.133 In several
regions, indigenous women call for alternative "rites of passages" to female genital
mutilation.134 Interlocutors further report that indigenous girls are forcibly married and raped
in Thailand. In a practice known as "beading," indigenous girls in Kenya—sometimes as
young as nine—are coerced into sexual relations with men of "warrior" age in exchange for
beads and other goods.135 It is essential to delink hostility, violence, and discrimination
emanating from external sources and attitudes within indigenous belief systems.136 As
interlocutors repeatedly emphasized, indigenous peoples are not inherently violent, and the
causes of violence are multifaceted: poverty, displacement, conflict, and structural
disenfranchisement.
53.
Some indigenous women feel compelled to make a supposedly binary choice between
"culture or rights," namely advancing communities' culture or enforcing their human rights.137
This false dichotomy can "further entrench[...] vulnerability of indigenous women to abuse
and violence."138 The Special Rapporteur recalls that the universal right to equality is
unqualified. States must protect the freedom of religion or belief of indigenous peoples while
ensuring that religion or belief systems are not invoked to justify violence and discrimination,
including barriers to indigenous women's sexual and reproductive healthcare and services.139
Where permissible under international law, indigenous women must decide whether a
specific cultural practice violates their rights.140
126
127
128
129
130
131
132
133
134
135
136
137
138
139
140
https://cjc.utpjournals.press/doi/full/10.22230/cjc.2006v31n4a1825,(p.899).
https://www.oas.org/en/iachr/media_center/PReleases/2019/321.asp
https://www.ilo.org/wcmsp5/groups/public/---dgreports/--gender/documents/publication/wcms_173293.pdf.
https://www.ohchr.org/en/press-releases/2015/08/young-woman-risks-20-lashes-indecent-dressingun-experts-urge-sudan-overturn; https://www.amnesty.org.uk/sudan-court-overturns-convictionteenager-sentenced-indecent-dress
A/HRC/24/57,(paras.22,50-51).
CEDAW/C/GC/31/REV.1 - CRC/C/GC/18/Rev.1.
A/HRC/24/57,(paras.19-32); A/HRC/30/41,paras.(28,44,47,54-57).
A/HRC/30/41,(para.57).
E.g. https://www.unfpa.org/news/silent-epidemic-fight-end-female-genital-mutilation-colombia.
https://www.iwgia.org/images/publications/0607_SEEDO_research_report.pdf,(p.4);
https://www.iwgia.org/images/publications/0752_ST_GirlChild_beading_Research_in_Laikipia_Samburu_and_Marsabit_Counties.pdf.
A/HRC/30/41,(para.59).
http://www.jstor.org/stable/41345477,(pp.231-238); A/36/40,(pp.166-174).
A/HRC/30/41,(para.13).
A/HRC/43/48.
https://muse.jhu.edu/article/730068.
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