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support their creation. States should also coordinate with indigenous peoples to
ensure continuity of medical care for non-COVID indigenous patients.
Prevention and containment measures
103. States should support, and when requested assist in the enforcement of, any
decision by indigenous communities to restrict access to their territories to
prevent virus spread. Where health professionals from outside the community
enter the community, for example, for mobile testing clinics, such persons may
in principle be expected to have tested negative for the virus before arrival.
104. Nationwide lockdown and quarantine measures should be non-discriminatory
in their application and enforcement, demonstrably necessary and proportionate,
authorized for specific prescribed periods of time (potentially subject to renewal)
and compliant with international human rights laws and standards. Such measures
must accommodate indigenous peoples’ traditional way of life, practices and
institutions to mitigate any disproportionate impact on them.
105. If States close or restrict border crossings, special safeguards should protect
the rights of indigenous peoples whose families, communities or peoples are
divided by the borders.
106. Given the new pandemic-related risks, the resumption or continuation of
business activity occurring on indigenous territory should take place only with
the renewed consent of concerned indigenous peoples. States should consider a
moratorium on all logging and extractive industries operating in proximity to
indigenous communities. Neither State authorities nor businesses should be
permitted to exploit the situation to intensify activities to which indigenous
peoples have objected.
107. States should refrain from introducing legislation or approving extractive or
similar projects in the territories of indigenous peoples in any circumstance where
measures against COVID-19 prevent proper consultation and consent. States
should equally refrain from proceeding to or threatening indigenous peoples with
eviction of from their lands and seek to demilitarize indigenous lands.
108. Regular evidence-based evaluation of prevention and containment
measures should take place with the participation of indigenous authorities and
organizations.
Human rights defenders
109. States should provide additional protection to indigenous and other human
rights defenders who may be at additional risk due to confinement or other
measures. States should recognize the monitoring and reporting of human rights
violations and abuses by defenders as an essential service that should be
permitted to continue.
110. Emergency powers must not be abused to quash dissent or silence
indigenous leaders and rights defenders. States should urgently remove or
reduce the presence of State militaries in indigenous territories and communities.
Attacks on indigenous, land, environmental and women human rights defenders
must be stopped, perpetrators held accountable and access to justice and remedy
and reparation guaranteed.
Economic and social recovery
111. In designing and implementing economic and social recovery plans, States
must respect, protect and promote indigenous peoples’ right to self-determination,
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