A/75/185 Restrictions imposed on indigenous human rights defenders 79. Indigenous peoples increasingly fear for their and their families’ lives while they seek to defend their lands and environments during lockdown, particularly where States have broadened their laws through declarations of emergency. 117 In some cases, states of emergency have been used as a basis for targeting particular groups or individuals 118 and for criminalizing indigenous peoples’ rights-defending activities. Restrictions on the freedom of movement and assembly, including bans on protests, 119 have hampered the work of indigenous human rights defenders, journalists and civil society, creating a void in their ability to monitor and draw attention to human rights violations and abuses. The suspension or restriction of court operations has impeded access to justice or remedy. This has opened the door for companies or criminal networks to take possession of indigenous peoples’ lands without scrutiny or accountability. 120 Lockdown measures limit the ability of indigenous rights defenders to mobilize their emergency support network for the protection of members of indigenous communities, while authorities and private actors continue to gain wider abilities to silence them, for example, by criminalizing them for breaking quarantine as they prevent incursion on their lands. 121 80. Confinement has increased the exposure of land and environmental d efenders to attacks and killings. Indigenous leaders were reportedly assassinated in Latin America when perpetrators knew where they lived and that they could not leave their homes. 122 Journalists were reportedly harassed for raising alarm on social media o n the lack of preparedness of their community hospitals. 123 In Asia, threats against and harassment of indigenous rights defenders have reportedly intensified, including against women leaders providing aid and assistance. 124 Border closure 81. National borders often artificially divide communities from the same indigenous peoples. The free movement within Sápmi was, for example, restricted by border closures in March 2020, hindering the provision of support to family members across borders and cross-border reindeer herding. 125 Similarly, Tuareg youth also reportedly demonstrated in a cross-border city of the Sahel against closure of the border and its impacts. 126 The lack of a coordinated multi-State response has contributed to high rates of transmission among indigenous communities living across porous borders. 127 __________________ 117 118 119 120 121 122 123 124 125 126 127 20-09737 Land and environmental rights defenders are among those most at risk; see https://www.ohchr.org/EN/NewsEvents/Pages/DisplayNews.aspx?NewsID=25517&LangID=E . See https://www.ohchr.org/EN/NewsEvents/Pages/DisplayNews.aspx?NewsID=25722& LangID=E; submissions by Asia Indigenous Peoples Pact and the Tebtebba Foundation. Joint submission by the Canadian Feminist Alliance for International Action and Pamela Palmater, Chair in Indigenous Governance, Ryerson University. See International Work Group for Indigenous Affairs, “Indigenous Peoples at increased risk due to coronavirus”, 31 March 2020, available at https://www.iwgia.org/en/news/3547-iphrd-healthcovid-19.html. See https://www.ohchr.org/en/NewsEvents/Pages/DisplayNews.aspx?NewsID=25850&LangID=E . Submissions by Oxfam International and Peace Brigades Internatio nal. Joint submission by Franciscans International and partners. See International Work Group for Indigenous Affairs, “Indigenous Peoples ’ Human Rights Defenders in the Philippines threatened and harassed” (11 May 2020), available at https://www.iwgia.org/en/news-alerts/news-covid-19/3582-indigenous-peoples-human-rightsdefenders-in-the-philippines-threatened-and-harassed.html; submissions by Protection International and the Asia Indigenous Peoples Pact. Submission by the Sami Parliament of Sweden. Submission by Association Tin Hinan. Joint submission by the National Indigenous Organization of Colombia and partners. 21/27

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