A/77/514
distinct language),14 yet States often instrumentalize said criteria to deny recognition of
indigenous peoples' existence and rights, including self-determination.15 For the same
reasons, the Special Rapporteur notes that indigenous peoples resist description as
"minorities."16 Where indigenous peoples may technically constitute a minority, based on
objective proportional criteria, this status should not preclude their additional recognition and
rights as indigenous peoples.17
11.
"Spirituality" is the preferred term of many indigenous peoples in characterizing their
religion or belief identity. Reasons include (1) lack of equivalent translation for "religion;" 18
(2) delineation between their "religion" (e.g., Christianity, Islam) and indigenous beliefs;19 or
(3) tainted legacy of "religions" being instrumentalized to inflict gross rights violations
against them. Some interlocutors seek to "decolonize" language framing their spirituality,
including "ritual," "witchcraft," or "superstition," as such rhetoric has been deployed to depict
them as "lesser" and justify harmful practices.
12.
Indigenous people employ broader terms interchangeably with "spirituality,"
including "worldview," "way of life," or "culture." 20 Often they recognize the holistic nature
of their beliefs, encompassing "spiritual ceremonies, but also [wide-ranging] activities such
as hunting, fishing, herding and gathering plants, medicines and foods [with] a spiritual
dimension[...]."21 Their way of life is intrinsically intertwined and "cannot be divided into
frameworks and categories."22
13.
For this report, "indigenous spirituality" consists of diverse spiritual beliefs and
practices that indigenous peoples identify as integral to their indigeneity: such as their
"distinctive spiritual relationship" with "traditionally owned or otherwise occupied and used
lands, territories, waters, coastal seas, and other resources" ("indigenous lands"). 23 Such
practices are often localized and should not be homogenized into a globalizing discourse on
"indigenous spirituality."24 Many indigenous peoples subscribe to theistic and other belief
systems that they do not necessarily consider "indigenous." They may practice their beliefs
in combination with indigenous spirituality "rooted in [their] lived reality and practices" as
rights-holders.25
14.
Protecting persons of all faiths and none, the right to freedom of religion or belief is
enshrined in Articles 18 of the Universal Declaration on Human Rights ("UDHR") and
ICCPR and elaborated upon in the 1981 Declaration on the Elimination of All Forms of
Intolerance and of Discrimination Based on Religion or Belief ("1981 Declaration"). Their
protections extend beyond followers of "institutionalized" belief systems to encompass
adherents to "theistic, non-theistic and atheistic beliefs,"26 including those of indigenous
peoples.
15.
In mapping obstacles and opportunities for indigenous peoples' exercise of freedom
of religion or belief, the Special Rapporteur was guided by the United Nations Declaration
14
15
16
17
18
19
20
21
22
23
24
25
26
https://www.un.org/esa/socdev/unpfii/documents/5session_factsheet1.pdf;
E/CN.4/Sub.2/AC.4/1996/2,(para.69); E/CN.4/Sub.2/1986/7/Add.4,(paras.379-380).
E/CN.4/Sub.2/AC.4/1996/2,(paras.71-74); A/HRC/27/52,(para.16).
Some States use “ethnic minorities” (e.g. China, Vietnam, Russia).
A/74/160,(para.52); CCPR/C/21/Rev.1/Add.5,(paras.3.1-3.2).
Submission-Indigenous Values Initiative and American Indian Law Alliance (“IVI&AILA”).
Consultations-Ecuador; Scandinavia; Greenland; Western & Central Africa; Eastern Europe &
Central Asia (“EECA”); Kenya.
E.g. https://www.iwgia.org/doclink/iwgia-book-the-indigenous-world-2022eng/eyJ0eXAiOiJKV1QiLCJhbGciOiJIUzI1NiJ9.eyJzdWIiOiJpd2dpYS1ib29rLXRoZS1pbmRpZ2V
ub3VzLXdvcmxkLTIwMjItZW5nIiwiaWF0IjoxNjUxMTM5NTg1LCJleHAiOjE2NTEyMjU5ODV9.
jRnv3PeantfRZtJg4jph8xdshK5Mh25Z3hlcPs9As_U,(pp.438, 639, 679).
A/HRC/45/38,(para.16).
Submission-IVI&AILA.
UNDRIP, art.25; https://www.ohrc.on.ca/en/policy-preventing-discrimination-based-creed/11indigenous-spiritual-practices
https://www.routledge.com/Indigenous-Religions-Local-Grounds-Global-Networks/Kraft-TafjordLongkumer-Alles-Johnson/p/book/9780367898588.
A/76/178,(para.6).
CCPR/C/21/Rev.1/Add.4,(para.2).
5