A/77/514 legislation protecting indigenous rights in the Philippines, attacks against indigenous HRDs reportedly escalated over 2020-2021.184 And in Mexico, up to 95% of murders of environmental HRDs, including indigenous persons safeguarding their sacred lands, allegedly do not result in prosecution.185 70. The Special Rapporteur recalls that the role of the police, which function as frontline defenders in the criminal justice system, is imperative for ensuring effective remedies for rights violations of indigenous peoples. Interlocuters reported incidents of police brutality, unconscious bias, and failure to investigate violent crimes, including where rooted in prejudice towards indigenous peoples and their spiritual identity. 186 Furthermore, As the Special Rapporteur on violence against women observes, domestic legislation and policies to prevent violence against women often overlook "specific vulnerabilities and realities of indigenous women."187 71. States must ensure effective remedies to victims of rights violations, 188 with UNDRIP specifying that grounds of redress include taking indigenous "religious and spiritual property" without FPIC. 189 Treatments may differ depending on victims' wishes and contexts, and interlocutors often describe currently available options as inadequate or inappropriate for remedying past wrongs, particularly forced assimilation and displacement. Despite the court in United States v Sioux Nation ordering monetary compensation—worth approximately $1.2 billion today—for land dispossession, Sioux peoples have not accepted it, instead seeking restitution as the only appropriate remedy. Given traditional lands' spiritual value, they "cannot be exchanged for other lands once[...]lost."190 72. Some seek reparations to partly remedy the violations of their rights, while others believe "no amount of money" can heal "years of misery, despair, and death" under government policy.191 Public apologies and recognition may help some survivors, while other interlocutors decry such symbolic measures as insufficient without reform to provide substantive equality. When Denmark recently apologized for its forced "re-education" of 22 Greenlandic children in the 1950s, it attracted criticism for not offering other remedies—or redressing other alleged violations.192 73. Interlocutors report that indigenous peoples' overrepresentation in criminal justice processes globally193 frequently affects their ability to exercise spirituality. Banning indigenous spiritual practices in prisons—including sweat-lodge, pipe and drum ceremonies, growing of long hair, and "smudging"—may hinder traditional healing, intergenerational transfer of knowledge, rehabilitation, and "cultural survival" upon release. 194 Mapuche peoples in Chile have decried judicial rejection of its traditional healer's (machi) request to partly serve his sentence in his community in fulfilling his essential healing obligations, especially amidst the COVID-19 pandemic.195 184 185 186 187 188 189 190 191 192 193 194 195 20 https://www.iwgia.org/en/philippines/4656-iw-2022-philippines.html https://www.globalwitness.org/en/campaigns/environmental-activists/last-line-defence/ https://www.mmiwg-ffada.ca/wp-content/uploads/2019/06/Final_Report_Vol_1a- 1.pdf,(pp.621-634); https://journals.sagepub.com/doi/full/10.1177/10778012211013903 A/HRC/50/26,(para.47). ICCPR, art.2(3); Convention Against Torture, art.14; Convention on the Elimination of All Forms of Discrimination Against Women, art.2; Convention on the Elimination of Racial Discrimination, art.6; Convention on the Rights of Persons with Disabilities, art.4. UNDRIP, arts.8(2)(d),11(2). https://p302.zlibcdn.com/dtoken/fd029466550fc24c2dc22114c8f4f523/978-3-319-480695.pdf,(pp.19, 21). https://www.aisc.ucla.edu/ca/Tribes2.htm https://www.stm.dk/presse/pressemeddelelser/danmark-og-groenland-beslutter-historisk-udredningaf-de-to-landes-forhold/ E.g. USA (https://bjs.ojp.gov/content/pub/pdf/p20st.pdf); Canada (https://www.justice.gc.ca/eng/rppr/jr/oip-cjs/p3.html); Australia (https://www.culturalsurvival.org/news/overrepresentationindigenous-peoples-incarceration-global-concern); New Zealand. (https://www.corrections.govt.nz/resources/research/over-representation-of-maori-in-the-criminaljustice-system) Submission-Huy; Native American Council of Tribes v Weber AL CHL 6/2020; https://irct.org/assets/uploads/Letter%20to%20the%20Editor.pdf