A/HRC/45/38 I. Introduction 1. Pursuant to Human Rights Council resolution 33/25, the Expert Mechanism on the Rights of Indigenous Peoples decided, at its twelfth session, held in July 2019, to prepare a study on the land rights of indigenous peoples. For this purpose, the Expert Mechanism held a seminar in Pretoria on 30 September and 1 October 2019. The present study has benefited from the presentations made at the seminar and from the submissions of Member States, indigenous peoples, national human rights institutions, academics and others. 1 The United Nations Declaration on the Rights of Indigenous Peoples is the only international human rights legal instrument with a specific focus on the all-encompassing significance of lands, territories and resources for indigenous peoples. It draws on human rights instruments and the Indigenous and Tribal Peoples Convention, 1989 (No. 169), of the International Labour Organization (ILO), articles 13, 14 and 16 of which are similar to articles 25, 26 and 10 of the Declaration. 2. The explicit recognition in the Declaration of indigenous peoples’ right to their lands, territories and resources seeks to address a long history of illegal and unjust dispossession, which continues today. The present study seeks to contribute to an understanding of the rights contained in the Declaration (arts. 25–28), the obligations of States arising therefrom and the practice of States in implementing those rights. It was undertaken against the backdrop of a rise in conflict on indigenous lands due to destruction, encroachment and land-grabbing, and a commensurate rise in the criminalization and harassment of, and violence against, defenders of indigenous lands.2 The increased militarization of indigenous lands in several regions, as recognized and expanded upon in the Expert Mechanism’s study on migration and displacement, also severely hampers indigenous peoples’ enjoyment of their land.3 The present study does not expand on the procedural aspects of land rights, a topic that has been dealt with in previous studies. 4 3. The level of protection of land rights varies across the regions, with some States having established sophisticated, albeit often overly complex, means of granting land tenure to indigenous peoples, while others have failed to recognize indigenous peoples at all, let alone their right to land. Yet other States continue to persecute indigenous peoples. The implementation gap remains wide and failure to recognize land rights contributes to ongoing violence in many regions. The pursuit of the Sustainable Development Goals, several of which relate to land rights, gives States an opportunity to secure indigenous peoples’ control over their lands, territories and resources.5 The international focus on climate change and climate justice is also an opportunity to recognize the critical role that indigenous peoples play in the protection of the environment and the maintenance of biodiversity.6 4. The coronavirus disease (COVID-19) crisis, beginning in early 2020, has highlighted the stark inequalities between indigenous peoples and others, in all areas of their lives, including in the context of land.7 The lack of secure land rights, which includes a lack of respect for indigenous boundaries and governance, has made it very difficult for indigenous peoples to protect their communities from the disease. In addition, there have been reports of illegal incursions onto indigenous lands by loggers and miners, including in the Amazon region, and fears for the safety of indigenous peoples in voluntary isolation and in initial contact, who are particularly at risk from COVID-19. 1 2 3 4 5 6 7 2 The presentations and the submissions are available at www.ohchr.org/EN/Issues/IPeoples/EMRIP/ Pages/Call.aspx. See A/HRC/39/17, submission by the Asia-Pacific Forum on Women, Law and Development and submission by the International Work Group for Indigenous Affairs. A/HRC/EMRIP/2019/2/Rev.1. A/HRC/15/35, A/HRC/18/42, A/HRC/21/55 and A/HRC/39/62. Sustainable Development Goals 1 and 2: target 1.4, target 2.4, and target 2.5. The Paris Agreement (art. 7), the United Nations Framework Convention on Climate Change and the Local Communities and Indigenous Peoples Platform. Future studies of the Expert Mechanism will focus on the COVID-19 crisis as it affects indigenous peoples. See www.ohchr.org/en/issues/ipeoples/emrip/pages/emripindex.aspx and www.ohchr.org/EN/NewsEvents/Pages/COVID19Guidance.aspx.