A/HRC/60/66
51.
Namibia has taken steps to ensure that data-collection processes respect the rights of
Indigenous Peoples by engaging with them in decision-making. This includes consultations
about the purposes of data collection, the ownership of data and how they might be used in
the future. South Africa has made efforts to engage with Indigenous Peoples through its
national Indigenous knowledge systems office. This office facilitates consultations between
communities and researchers, ensuring that Indigenous knowledge systems are respected and
that communities have the authority to decide how their knowledge is shared.
52.
In the Russian Federation, while it is not explicitly regulated, some large mining
companies have adopted corporate policies aligned with free, prior and informed consent.
Many smaller firms, by contrast, often bypass consultations altogether.52 This gap hinders
Indigenous Peoples from generating the data needed for sociocultural impact assessments
and fair compensation. 53 In response, Indigenous Peoples have launched independent
monitoring efforts to collect data from both companies and authorities.54
53.
National statistical offices in Latin America have made significant progress, notably
in population censuses. Examples include the creation of the National Statistical Commission
for Indigenous, Afro-Ecuadorian and Montubio Peoples in Ecuador in 2007, and the free,
prior and informed consent processes implemented in the censuses of Colombia in 2018 and
Brazil in 2024.55 However, these advances are not yet standard across Latin America and the
available data remain underutilized. Once Indigenous self-identification is in place,
disaggregating, disseminating and analysing the data will be essential. Strengthening the
capacities both of State bodies and of Indigenous organizations remains a key challenge.56
54.
Data collection should follow the human rights norm of free, prior and informed
consent across all Indigenous Peoples’ rights. Data provide important leverage in Indigenous
Peoples’ dialogue with States and businesses.57 However, collecting and digitizing data on
traditional knowledge and cultural and sacred sites might lead to the misappropriation or
misuse of traditional knowledge or the desecration of cultural and sacred sites by companies
or non-members of Indigenous Peoples, without any prevention, mitigation and
compensation measures and without any benefit-sharing agreed upon with Indigenous
Peoples.
55.
The digitization of information can lead to the erosion of cultural practices, as data
become products that can be represented in ways that do not reflect reality or meet the needs
of Indigenous Peoples. Lack of control by Indigenous Peoples over their information can
result in the proliferation of harmful stereotypes and cultural appropriation. In Mexico, the
lack of an Indigenous data sovereignty policy has resulted in a lack of free, prior and informed
consent mechanisms for the collection and use of data, and limited participation by
Indigenous Peoples in data-collection, data analysis and data management processes.58
56.
Ultimately, respecting free, prior and informed consent in data governance is not only
a legal obligation but also a pathway to fostering trust, collaboration and sustainable
development that honours the heritage, values and knowledge of Indigenous Peoples.
VI.
Role of data in achieving the right to development
57.
Data are a central element of the 2030 Agenda for Sustainable Development, and
effective collection of relevant and reliable data is a critical precondition for the sustainable
52
53
54
55
56
57
58
GE.25-12012
Presentation by Alexey Tsykarev (in Russian), expert seminar, December 2024.
Submission from the Soyuz Union of Indigenous Peoples and Salvation of Yugra (in Russian).
Presentation by Alexey Tsykarev (in Russian), expert seminar, December 2024.
Laura Acosta and Bruno Ribotta, “Visibilidad estadística y mecanismos participativos de los pueblos
indígenas en América Latina: avances y desafíos”, Documentos de Proyectos (LC/TS.2021/188)
(Santiago, Economic Commission for Latin America and the Caribbean (ECLAC), 2022) (in
Spanish).
Submission from the ECLAC Population Division (in Spanish).
Chidi Oguamanam, “Indigenous Peoples, data sovereignty, and self-determination: current realities
and imperatives”, The African Journal of Information and Communication, vol. 26 (2020).
Submission from Kiado Cruz Miguel and Socorro Apreza Salgado (in Spanish).
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