A/HRC/48/54 and organizations have encouraged the creation of buffer zones and the exclusion of outsiders. 40. The inclusion and participation of indigenous peoples in recovery plans is impossible when States neglect or refuse to recognize the existence and identity of indigenous peoples. If indigenous peoples and their territories are left unrecognized, States will not consult on recovery laws or policies, or develop plans to protect indigenous territories in the interest of economic recovery. 41. The lack of disaggregated data presents challenges in achieving recovery from COVID-19, because statistics do not accurately reflect the impact of the pandemic on indigenous peoples. Data should include both indigenous peoples living on traditional lands and territories as well as populations living in urban areas. Militarization, violence and criminalization 42. Indigenous human rights defenders are suffering high levels of violence, intimidation, harassment and even killing.54 The enforcement of COVID-19 measures is being used to strengthen authoritarian and militarized responses and crackdowns on civic space, as laws are enacted that restrict freedom of expression and target human rights defenders. 43. In several regions, peaceful protests are being restricted in the interest of public health while the expansion, construction and operation of commercial and extractive industries continues in order to promote economic recovery. Illegal land encroachments that destroy the forests, land and natural resources of indigenous peoples have increased, while Governments have focused on pandemic measures and dedicated less attention or taken fewer measures to protect land and natural resources. 44. Indigenous communities are at increased risk of being criminalized and removed from their lands owing to regulatory rollbacks in environmental impact determinations for the extractive industries.55 In Bangladesh, an increase in military surveillance and harassment of indigenous peoples have been reported in the Chittagong Hill Tracts. Community members are being subjected to intimidation, death threats and threats of arrest for participating in alleged terrorist activities. 56 In Nepal, concerns have been raised over allegations that peaceful protests against the Fast-Track Expressway project have been countered by police violence; the project was under night-time construction despite COVID-19 curfews for the general public.57 45. Reports from several countries indicate that since the outbreak of COVID-19, activities related to the participation of indigenous peoples in the protection of natural conservation areas, including patrolling forests, have been prohibited. 46. In other instances, in urban areas indigenous workers who rely on the informal economy are being arrested for violating lockdown orders to guarantee the subsistence of their family. IV. Participation and inclusion of indigenous peoples in State COVID-19 recovery and post-recovery plans 47. Indigenous peoples should be involved in the planning and implementation of COVID-19 recovery measures that affect them. 54 55 56 57 See communications addressed to Peru (PER 9/2020, available from https://spcommreports.ohchr.org/TMResultsBase/DownLoadPublicCommunicationFile?gId=25732) and Nicaragua (NIC 1/2021, available from https://spcommreports.ohchr.org/TMResultsBase/DownLoadPublicCommunicationFile?gId=25843). Indigenous Peoples Rights International, “Defending our lands, territories, and natural resources amid the COVID-19 pandemic” 21 April 2021. See communication addressed to Bangladesh (BGD 8/2020, available from https://spcommreports.ohchr.org/TMResultsBase/DownLoadPublicCommunicationFile?gId=25810). See communication addressed to Nepal (NPL 1/2021). 11

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