A/HRC/30/41
64.
These gaps and weaknesses in the monitoring and implementation of the human
rights of indigenous peoples contribute to a culture of impunity and render the violations of
rights invisible to international and national policy makers and legislators.
A lack of disaggregated data
65.
The effects of those gaps and weaknesses in monitoring are compounded by
systemic weaknesses in national data collection systems in relation to understanding
indigenous peoples. There is the lack of disaggregated population data, which includes
statistics on indigenous women within these groups. In addition, specific information on
human rights violations, including those perpetrated against women, is rarely available.
That has impeded understanding and comparison of situations of indigenous women and
girls, as well as the development of clear accountability structures. Deficiencies in
understanding and accountability are powerful barriers to effective strategies for
combatting violations of indigenous women’s rights.
A lack of inclusive birth registration systems
66.
Many countries do not have birth registration systems that robustly provide
certification of the births of all indigenous children, which exacerbates the lack of
monitoring and disaggregated data. Such lack of birth registration systems places
indigenous children and people in a situation of increased vulnerability because they are
invisible within the State system. Other consequences include no or limited access to social,
health and educational services and increased vulnerability to statelessness or trafficking.
67.
Lack of birth registration also compounds statistical gaps in relation to indigenous
peoples and their correlative invisibility within political and policy debates.
Neo-liberal economic and development paradigms
68.
Neo-liberalism is an economic paradigm that champions the power of market forces
and argues that, if left unregulated, markets will deliver global development. Neoliberalism grew in dominance in the latter part of the twentieth century and infiltrated
development policy. The entry of foreign direct investments in indigenous territories to
exploit mineral resources and establish mega-infrastructure projects without the free,
informed and prior consent of the citizens impacted by market liberalization and
deregulation has led to systematic violations of indigenous land rights and selfdetermination. The global dominance of neo-liberalism has led to development that is
measured by overall growth figures, but which gives little weight to whether such
development leads to a reduction in inequality or poverty alleviation therefore significantly
disadvantaging vulnerable groups, such as indigenous peoples and women.
69.
Another way in which neo-liberalism has affected indigenous peoples and women
are related to the structural adjustment policies of the International Monetary Fund and the
World Bank. Such policy interventions, which are based on neo-liberal doctrines, prescribe
harsh fiscal austerity programmes as a remedy for economic underdevelopment and a high
ratio of indebtedness in relation to gross domestic product. Dramatic decreases in
government spending routinely result in cuts to vital services, which disproportionally
impact the most vulnerable, including indigenous women.
Issues of jurisdiction
70.
There are often complex relationships between the customary jurisdictions of
indigenous communities and the national justice systems, which can have a number of
implications for women who are victims of violations of their human rights. Firstly, the
relationships can create confusion with regard to responsibility for incidences of violence
18