A/77/514
languages, culture, and spiritual practices under threat of punishment.46 In 2022, the US
Government observed that this assimilative policy closely accompanied the intergenerational
loss of indigenous spirituality.47 Canadian interlocutors highlight enduring trauma from this
imposed rupture with loss of ancestral identity and spirituality.48
24.
The loss of traditional language significantly affects indigenous spirituality, where
oral expression is the "bedrock" of ceremony and transmitting knowledge. One interlocutor
stated, "when you lose language, you lose everything." Yet many indigenous languages
steadily disappear amidst inadequate State support and prohibitions, such as the Vietnamese
Government allegedly intimidating and arresting Khmer Krom Buddhist monks seeking to
teach and speak Khmer.49
25.
Article 18 of the ICCPR explicitly prohibits coercion in matters of religion or belief.
Yet, according to interlocutors, many indigenous peoples today are still being forcibly
converted to non-indigenous religions "to survive" amidst State and religious institutions'
threats of violence, hostility, and discrimination. Actors in Mexico have reportedly coerced
indigenous women to participate in majoritarian Catholic activities,50 while others in
Malaysia have pressured indigenous peoples' conversion to Islam by offering better
housing.51 In Brazil, civil society has raised concerns over the head of the federal Indigenous
Affairs Department unit charged with protecting uncontacted indigenous tribes, fearing
improper pressure for their conversion.52
26.
Although State recognition is not theoretically required to exercise one's freedom of
religion or belief, denial of recognition poses practical challenges. At least 18 States deny
recognition of indigenous peoples and/or their spirituality, typically through arbitrary
administrative requirements.53 For instance, without the US Bureau of Indian Affairs'
recognition, the Winnemem Wintu tribe describes lacking uninterrupted access to their lands
to perform coming-of-age ceremonies; or participation in decisions about spiritually
significant fisheries.54 Without a listed option for indigenous spirituality, followers of
Kepercayaan spirituality in Indonesia allegedly identify themselves as "Hindus" to receive
national identification cards.55
B.
Relationship to indigenous land
27.
The Special Rapporteur is deeply concerned at widespread reports of States failing to
protect or deliberately undermining indigenous peoples' occupation, access, or use of
indigenous lands without FPIC, with significant implications for their enjoyment of
spirituality.56 For the African Commission on Human and Peoples' Rights, "any impediment
to, or interference with accessing the natural environment [has] considerable repercussions
on [Ogieks'] enjoyment of freedom of worship."57 Likewise, the relocation of burial sites has
prohibited indigenous peoples from practising traditional burial ceremonies.58 Growing
46
47
48
49
50
51
52
53
54
55
56
57
58
8
https://www.un.org/esa/socdev/unpfii/documents/IPS_Boarding_Schools.pdf.
https://www.bia.gov/sites/default/files/dup/inlinefiles/bsi_investigative_report_may_2022_508.pdf,(p.53).
https://ehprnh2mwo3.exactdn.com/wpcontent/uploads/2021/01/Volume_5_Legacy_English_Web.pdf.
https://unpo.org/downloads/2718.pdf,(pp.12-14);
https://uprdoc.ohchr.org/uprweb/downloadfile.aspx?filename=5940&file=EnglishTranslation,(pp.12).
https://www.csw.org.uk/mexicoreport2022.htm,(p.55).
https://citeseerx.ist.psu.edu/viewdoc/download?doi=10.1.1.625.6689&rep=rep1&type=pdf, (p.487).
https://www.survivalinternational.org/articles/evangelical-missionary-Brazil-uncontacted-tribes.
USA, Ecuador, Bangladesh, India, Rwanda, Cameroon, Russia, Laos, Myanmar, Thailand, China,
Japan, Mongolia, Norway, French Guiana (France), Algeria, Nepal, Tanzania.
https://intercontinentalcry.org/tribal-leaders-challenge-forest-service-to-protect-native-womensrights/.
Consultation-South East Asia.
ILO Convention 169; UNDRIP art.26.
ACommHR v. Kenya,(para.164).
Plan de Sánchez v. Guatemala,(para.36(4)). Also https://www.mdpi.com/2077-1444/12/10/869/htm