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independence, as shown by the recent or ongoing conflicts in Bangladesh, Myanmar,
Nepal, north-eastern India, Indonesia and the Philippines. In some cases, indigenous
communities have reacted to the denial of their rights by resorting to violence and
joining the ranks of various insurgent movements. This has fuelled the generation of
a vicious circle in which indigenous and tribal populations have been victimized by
both insurgent violence and State repression, with widespread human rights abuses.
53. The Special Rapporteur has received many reports documenting the rights
violations suffered by indigenous leaders and communities caught in the middle of
these conflicts, including massacres, extrajudicial killings, disappearances and
torture. Similar acts have been perpetrated in other countries in the name of the war
on terror or drug trafficking, and have given rise to states of emergency involving
looser enforcement of individual guarantees and the implementation of special
legislation that has opened the door to abuse and impunity. This is the case, for
example, of the Armed Forces (Special Powers) Act, which has been in force for
decades in several states of north-eastern India and has been denounced by a number
of international human rights organizations. Similarly, since the January 2007
declaration of a state of emergency in Bangladesh, numerous reports have been
received of police and judicial persecution of prominent indigenous leaders in the
Chittagong Hill Tracts and other parts of the country.
54. In the Philippines, political assassinations, including the killings of dozens of
indigenous leaders and activists, have captured the attention of international human
rights mechanisms. The Special Rapporteur denounced this situation at the time of
his first visit to the Philippines, in 2002. In January 2007 he visited the country
again and found that the number of killings had increased by more than 80, but the
State had not yet taken effective measures to address the situation or provide
reparation to the victims. In many of the cases documented, the violence is said to
be linked to the defence of indigenous people’s land and natural resource rights.
55. In Viet Nam and the Lao People’s Democratic Republic, the Degar
(Montagnard) and Hmong peoples continue to suffer repression as a consequence of
their involvement in cold-war conflicts more than three decades ago, and serious
violations of their rights have been documented. While many communities try to
survive by seeking refuge in the forest, others have been able to escape into
neighbouring countries such as Cambodia or Thailand, where they are sometimes
detained under harsh conditions or returned to their countries of origin.
56. Several countries have promoted constructive arrangements for ending the
conflicts that have broken out in Asia since the States of the region became
independent and for recognizing and accommodating ethnic diversity within their
own societies. Some of these arrangements lay the foundation for indigenous
peoples’ self-government with respect to decisions on issues that affect them
directly, and open up opportunities for the effective promotion of their rights.
Experience suggests, however, that these constructive arrangements have not been
fully implemented in many cases and that they sometimes serve to mask continued
acts of conflict and repression.
57. Peace agreements between various insurgent groups and the Governments of
Bangladesh (in the case of the Chittagong Hill Tracts), India (in the case of
Nagaland) and Indonesia (in the case of West Papua and, more recently, Aceh) are
examples of such constructive arrangements that are intended to put an end to
decades of conflict through the recognition of an autonomous status that sometimes
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