A/77/514 E. Sexual orientation and gender identity 54. In several indigenous communities worldwide, individuals that self-identify as "third gender" have held visible, recognizable, and valued positions within indigenous communities. Said positions include healers, priests, and keepers of spiritual knowledge (e.g., māhū in Native Hawaiian and Tahitian communities,141 "two-spirit persons" in certain Canadian indigenous tribes,142 and muxes amongst Zapotec in Mexico).143 55. Colonial, non-indigenous actors, regarded these gender-diverse views and practices as "immoral," "perverse," and "unnatural" and imposed draconian rules that criminalized and pathologized said practices.144 The British Raj-introduced Criminal Tribes Act 1871, which criminalized homosexuality and cross-dressing, has been linked to the severe contemporary marginalization of Khawaja Siras (gender variant considered to have a feminine soul) in Pakistan.145 Many consider māhū a derogatory term today, with negative connotations that ostensibly coincide with colonization.146 Such practices and policies have profoundly impacted the spiritual roles and status of indigenous LGBT+ persons, impairing their exercise of freedom of religion or belief and exacerbating their vulnerability to violence and discrimination in wider society. Studies indicate that indigenous LGBT+ persons often face a high risk of intimate violence, especially compared to non-indigenous LGBT+ persons or indigenous heterosexual persons.147 Some in MaeSamLaep, Thailand—misguided about the mutability of sexual orientation and gender identity—reportedly perpetrate the crime of socalled "corrective rape" (via forced marriage) against them.148 F. Socio-economic challenges 56. Contrary to the UN SDG's objective that "no one is left behind," 149 many indigenous peoples struggle to survive in a culture of widespread discrimination, let alone enjoy their rights, including freedom of religion or belief. Scapegoating, stigmatizing, and negatively stereotyping indigenous peoples and their spirituality only furthers marginalization. No faith or belief system is protected from critique in international human rights law. However, States, religious institutions, and broader society have deployed terms such as "witchcraft," "folklore," "pagan," "devil-worship," and "anti-development" to characterize indigenous spirituality, to deny their equal participation in society—including access to essential goods and services—and even to justify rights violations including of their freedom of religion or belief and non-discrimination. 57. Within several States, State educational curriculums and teachers reportedly have stereotyped, underrepresented, or misrepresented indigenous peoples, including their spirituality, often excluding positive representations of them, peddling discriminatory tropes, or whitewashing colonial history.150 Indigenous healers claim that the lack of differentiation between "witchdoctors" and "traditional doctors" in Uganda's 1957 Witchcraft Act could stigmatize and penalize them.151 Allegedly, ethnic majority Tajiks brand Pamiri as 141 142 143 144 145 146 147 148 149 150 151 16 https://glreview.org/article/gender-fluidity-in-hawaiian-culture/ https://rainbowresourcecentre.org/files/16-08-Two-Spirit.pdf https://uapress.arizona.edu/book/behind-the-mask,(pp.9-11). A/HRC/38/43,(para.52); https://muse.jhu.edu/book/3074,(p.1-2). https://www.routledge.com/Gender-Sexuality-Decolonization-South-Asia-in-the-WorldPerspective/Roy/p/book/9780367901240,(p.265). https://glreview.org/article/gender-fluidity-in-hawaiian-culture/; https://www.mdpi.com/2075471X/2/2/51/htm,(p.51). https://www150.statcan.gc.ca/n1/pub/85-002-x/2021001/article/00007-eng.htm,(p.6); https://equalityaustralia.org.au/resources/dvreport/,(pp.30-31). https://uprdoc.ohchr.org/uprweb/downloadfile.aspx?filename=8848&file=CoverPage,(pp.4-5). A/75/385. https://www.un.org/es/events/indigenousday/pdf/Backgrounder%20Indigenous%20Day%202016.pdf https://www.icj.org/wp-content/uploads/2022/02/Uganda-Violations-of-the-Right-to-Freedom-ofReligion-or-Belief-publications-briefing-paper-2022-ENG.pdf,(p.28).