A/HRC/48/54 III. Impact of COVID-19 recovery laws and policies of States on indigenous peoples Rights to lands, territories and resources 6. Protection of indigenous territories is central to indigenous recovery from the health crisis as it promotes food security and sustainable livelihoods, increasing resilience in the face of future pandemics. In many countries, security of land tenure is more of a concern for indigenous peoples than the virus itself. They report rising illegal deforestation, incursions, land takings and violence during the pandemic with little government aid or oversight. 4 Emergency orders are being used to accelerate resource exploration and extraction while stalling land demarcation and official recognition of areas that have been invaded. While government efforts to control illegal incursions into indigenous territories have declined, there have been amnesties for illegal logging, fishing and gold prospecting. Failing to formally recognize and protect indigenous lands is leading to violent incursions and killings, resource extraction, pollution, food insecurity, deforestation and evictions.5 Certain avenues that indigenous communities typically use to monitor and resist land incursions from proponents of industrial and commercial projects have been curtailed during the COVID-19 pandemic. Land tenure 7. Formal State recognition in the form of land demarcation and titling is necessary to protect the lands of indigenous peoples during and after the pandemic. COVID-19 presents a unique opportunity for sustainable recovery. Securing land rights and engaging indigenous peoples as stewards of the environment and natural resources should be pillars for a better post-COVID-19 economic recovery. 8. Many indigenous communities have historically been denied recognized land tenure in areas traditionally used and inhabited by them. The Special Rapporteur adequate housing as a component of the right to an adequate standard of living, and on the right to nondiscrimination in this context has specifically called for a moratorium on all evictions during the pandemic.6 Nevertheless, indigenous peoples continue to be subjected to forced evictions amidst the COVID-19 pandemic.7 Forced evictions and land grabs during the pandemic have made it particularly difficult for communities to protect themselves. Regulatory rollbacks 9. There has been an alarming trend of States using the emergency situation and response created by the pandemic to weaken and suspend environmental enforcement, dismantle and bypass legal safeguards, loosen regulations to attract foreign investment and push through 4 5 6 7 4 See submissions by Alianza de Organizaciones de Derechos Humanos Ecuador; Confederación de Nacionalidades Indígenas de la Amazonía Ecuatoriana; Centro Mexicano de Derecho Ambiental, A.C. CEMDA; and Centro De Derechos Humanos Fray Bartolomé de Las Casas, A.C. See also Inori Roy (Unearthed), “Deforestation and land-grabs bring Covid-19 threats to Amazon and Gran Chaco residents”, 17 September 2020. See submissions by Organización Sotzil; Cxhab Wala Kiwe-Asociación de Cabildos Indígenas del Norte del Cauca; Federación por la Autodeterminación de los Pueblos Indígenas; Organización Indígena de Antioquia; Almáciga; Centro por la Justicia y Derechos Humanos de la Costa Atlántica de Nicaragua; Centro de Asistencia Legal a Pueblos Indígenas; Alianza de Organizaciones de Derechos Humanos Ecuador; and Confederación de Nacionalidades Indígenas de la Amazonía Ecuatoriana. See A/75/148. See, for example, communications addressed to Nepal (NPL 3/2020, available from https://spcommreports.ohchr.org/TMResultsBase/DownLoadPublicCommunicationFile?gId=26282) and Kenya (KEN 3/2020, available from https://spcommreports.ohchr.org/TMResultsBase/DownLoadPublicCommunicationFile?gId=25492). See also Community Land Action Now, “Kenyan communities report illegal evictions during COVID-19”, 23 July 2020.