A/77/514 assembly, association or expression, and spiritual practice, and to justify rights violations. For example, Bangladesh has reportedly invoked "security" justifications to reject indigenous land claims in the Chittagong Hill Tracts, thereby restricting their opportunities for worship.171 67. States also have weaponized counterterrorism legislation to surveil indigenous peoples during their spiritual ceremonies, lower due process standards and increase penalties against indigenous activists expressing political dissent. The Committee on the Elimination of Racial Discrimination has expressed concern that Ecuador has brought criminal proceedings against indigenous activists on charges including terrorism, sabotage, and resistance, resulting in convictions and fines disproportionate to the acts' seriousness.172 Drawing on and cultivating misrepresentation of indigenous peoples, the Philippines' AntiTerrorism Law 2020 supports the "red-tagging" of indigenous HRDs. They have been allegedly labelled as "communists" based on their political opinions, subject to arbitrary arrest and extra-judicial killings, and had indigenous schools shut for being "breeding grounds for terrorists" or having "anti-government" curriculums.173 Civil society also highlights that indigenous peoples' social media use for advocacy and community organization may increase their vulnerability, observing Facebook/Meta's role in facilitating "red-tagging."174 68. Both violating indigenous peoples' rights and limiting their advocacy against such violations, several States allegedly have intimidated, surveilled, threatened, arbitrarily arrested, or violently attacked peaceful indigenous protestors with excessive force.175 In Algeria, 41 Amazigh were reportedly arrested and imprisoned in 2019 for drawing attention to their indigenous identities during peaceful protests.176 States blocking Internet access is never justifiable, including to reinforce public order or protect national security.177 Indonesia has imposed Internet blackouts in majority-indigenous West Papua to reportedly quash community organizations and quell advocacy for their rights domestically and abroad.178 Steadily, more States are moving towards regulating online communications through hate speech legislation.179 Such measures may deliberately or inadvertently discriminate against indigenous peoples, such as concerns that Canada's online hate speech bill could characterize their political organization as "anti-government."180 H. Access to justice 69. Worldwide, interlocutors from every region have observed a reoccurring disconnect between State rhetoric—in extolling respect for indigenous peoples' rights—and reality, with States failing to recognize indigenous peoples and uphold their rights, including freedom of religion or belief. 181 Such shortcomings are often borne from complicity or denial of responsibility. States have fully implemented merely 28% of IACtHR's reparation orders in land rights cases,182 with low compliance rates attributed to various factors, including lack of State ability or political willpower—often where the alleged perpetrators still hold power. 183 Impunity for rights violations reigns in such permissive climates. Despite progressive 171 172 173 174 175 176 177 178 179 180 181 182 183 Consultation-South Asia. CERD/C/ECU/CO/23-24,(para.20). A/HRC/44/22,(paras.49-61); Submission-CHRP. https://www.icj.org/wp-content/uploads/2022/01/ICJ_PhilippinesRedTagging_270122.pdf; https://www.malayamovement.com/weaponizationsocialmedia E.g. Tajikistan, Argentina, Indonesia (AL IDN 7/2019). Also A/HRC/49/44,(paras.20,32,38). https://www.amnesty.org/en/documents/mde28/0664/2019/en/ https://www.osce.org/files/f/documents/e/9/78309.pdf,(para.6.e). https://www.ohchr.org/EN/NewsEvents/Pages/DisplayNews.aspx?NewsID=24942&LangID=E https://www.cfr.org/backgrounder/hate-speech-social-media-global-comparisons https://torontosun.com/news/national/indigenous-racialized-lgbtq-groups-and-sex-workers-criticizeonline-hate-bill E/CN.4/Sub.2/AC.4/2004/4. A/HRC/42/37,(para.33); https://academic.oup.com/jids/article/12/2/223/5981765,(pp.11-13); Submission-Oglala Sioux Tribe. https://academic.oup.com/jids/article/12/2/223/5981765,(pp.21-25). 19

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