A/75/185 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, 26/27 20-09737

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