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operating on indigenous peoples’ traditional land in spite of nationwide lockdowns
and without their free prior and informed consent, thus exposing them to a heightened
risk of contagion. 133
87. In Asia and Latin America, indigenous peoples have expressed a deep feeling of
injustice regarding the fact that large companies appear to be freely continuing their
activities and encroaching on indigenous lands while restrictions on the indigenous
peoples’ own movement and freedom to use and protect their lands is repressively
enforced. Civil society and indigenous organizations have also criticized the measures
of certain Governments giving approvals to businesses during states of exception,
without transparent consultation processes, permission for peaceful demonstrations
or the possibility of suspensive appeal decisions in courts. It was also reported that,
under COVID-related states of emergency, some Governments have relaxed the
environmental assessment rules applicable to corporate actors. 134
88. Also, without government authorization or surveillance, businesses have used
quarantines to increase the presence of illegal miners, illegal loggers, hunters and
land-grabbers in indigenous peoples’ territories. 135 In March, indigenous communities
of the Amazon issued a statement demanding an immediate moratorium on logging,
mining, oil extracting and agribusiness activities on their territories; 136 the call was
relayed internationally by 225 organizations expressing their solidarity with and
support for an Amazon-wide moratorium on all industrial activities. 137
89. Emergency measures appear to have infringed on the right of indigenous peoples
to free, prior and informed consent with regard to industrial, conservation and
development projects. In Asia, the displacement and eviction of indigenous peoples were
reportedly carried out during the confinement period without consent or
compensation. 138 It is important to document such violations during the pandemic to
ensure that affected indigenous peoples ultimately receive reparation. In other countries,
consultations reportedly went on without any regard to the fact that attendance by
indigenous peoples could be impeded by health and confinement advisories.
V. Conclusion and recommendations
90. The pandemic has exposed weaknesses and exacerbated disparities in
public health and social security systems, leaving indigenous peoples behind in
national responses and compounding the wider range of systemic violations they
already faced. As the world prepares strategies to mitigate the socioeconomic
consequences of confinement and reduced economic activity, human rights,
including the rights of indigenous peoples, must be at the centre of recovery
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133
134
135
136
137
138
20-09737
Organization of American States (OAS), “Indígenas amazónicos están ‘en grave riesgo’ frente a
COVID-19, alertan ONU Derechos Humanos y CIDH”, press release, 4 June 2020, available at
http://www.oas.org/es/cidh/prensa/comunicados/2020/126.asp ; submissions by International
Platform against Impunity and the Bristol Bay Native Association.
Submission by the Global Greengrants Fund.
Submission by Friends of the Earth Sweden.
Fund for the Development of the Indigenous Peoples of Latin America and the Caribbean,
“Indígenas de tierras bajas exigen parar todas las actividades extractivas en sus territorios”,
29 April 2020, available at http://www.filac.org/wp/comunicacion/actualidad-indigena/indigenasde-tierras-bajas-exigen-parar-todas-las-actividades-extractivas-en-sus-territorios/?fbclid=
IwAR0w2fU6Gn_VUWj6woNW-N3OTGRzo8U6Fi7TPwFKSM5MCkpwKhE6m0Kd2Wo.
Amazon Watch, “Indigenous peoples across the Amazon issue demands in response to coronavirus
pandemic”, press statement, 20 April 2020, available at https://amazonwatch.org/news/2020/0420indigenous-peoples-across-the-amazon-issue-demands-in-response-to-coronavirus-pandemic.
Submissions by the Housing and Land Rights Network and the Asia Pacific Forum on Women,
Law and Development and partners.
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