A/60/358
IV. Status report: major human rights problems affecting
indigenous peoples
29. Generally speaking, the human rights situation of indigenous peoples is far
from satisfactory. Despite the progress made in some countries, in most regions of
the world indigenous people continue to face powerful obstacles hindering the full
and effective enjoyment of their rights and to endure grave violations of their
fundamental rights.
30. From the information he assembled, the Special Rapporteur identified trends
affecting indigenous peoples in various regions of the world. Following is a brief
discussion of these patterns in the period under consideration.
31. Since indigenous peoples historically identify with “Mother Earth” and base
their cultural identity primarily on their long association with the earth and its fruits,
when this relationship is disrupted or eroded, situations arise that impair their
human rights. The Special Rapporteur has received and continues to receive
numerous complaints alleging human rights violations related to conflicts over the
tenure and collective ownership of land, access to natural resources such as water
and forests and serious environmental problems such as pollution, deforestation,
desertification and toxic waste, which adversely affect the lives of individuals and
communities.
32. Indigenous peoples show high degrees of marginalization and low indicators
of social, economic and human development (according to definitions and criteria
set by multilateral bodies). The complaints received often describe serious
deficiencies in access to and provision of basic social services. Acts of
discrimination are also mentioned, particularly but not solely in the administration
of justice. Especially disturbing are reports, from some countries, of murders and
extrajudicial executions, death threats against community authorities and the
persecution of indigenous representatives and leaders under new counter-terrorism
measures. There are numerous obstacles to the full enjoyment of the right to
education, including issues related to the use and protection of indigenous languages
and cultures.
33. The Special Rapporteur is troubled by frequent complaints about evictions and
forced displacements of indigenous communities, despite international legal
provisions such as International Labour Organization (ILO) Convention No. 169
concerning indigenous and tribal peoples in independent countries, which clearly
establish the rights of indigenous peoples in such circumstances. The Special
Rapporteur has received eviction complaints from Botswana, Kenya, the
Philippines, India and Guatemala, among other countries. He has also received
many complaints alleging that indigenous people lack information, opportunities for
participation and decision-making power with regard to issues that affect them.
34. The allegations, which come from various parts of the world, demonstrate that
indigenous people are vulnerable to various forms of discrimination based on their
ethnicity. Moreover, many reports refer to the persecution of leaders and
representatives of indigenous social movements whose activities affect various
kinds of vested interests. The Special Rapporteur has received a large number of
communications, and has gathered information during country visits, attesting to the
difficult situation of indigenous women, who face daily insults and humiliations for
wearing traditional costumes (among other reasons) and of indigenous human-rights
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