A/HRC/39/17
“foreign agents” if they exercise political activities and receive funds from abroad. The
Russian Association of Indigenous Peoples of the North is the main indigenous umbrella
organization. In 2012, the Ministry of Justice suspended its operations for three months on
the grounds that the organization’s rules were not in compliance with the new legislation. In
2014, two indigenous defenders were prevented from travelling from the Russian
Federation to New York to take part in the World Conference on Indigenous Peoples and
attempts were made to prevent two others from travelling.30
70.
In 2016, thousands of protestors, including Native Americans, protested against
construction of the Dakota Access Pipeline at the border of North and South Dakota, close
to the Standing Rock Sioux Reservation in the United States of America. While Sioux
leaders advocated for protests to remain peaceful, State law enforcement officials, private
security companies and the North Dakota National Guard employed a militarized response
to protests. More than 400 people were allegedly arrested, about 90 per cent of them from
the Standing Rock Sioux tribe, including Chairman Dave Archambault II. Civil society
organizations reported the use of excessive violence and humiliation during the arrests (see
A/HRC/36/46/Add.1, paras. 63−74).31
VII. Individual and collective impacts
71.
The targeting of indigenous persons affects both the individual members of
indigenous communities as well as the communities as a whole. The killings of indigenous
leaders and community members cause irreparable harm and damage the social fabric of
indigenous peoples. Such attacks are undertaken with the express intent to silence their
voices, disrupt their organization and impede their ability to express their concerns over
matters affecting their communities. The remoteness of indigenous communities and their
limited access to the State authorities responsible for providing protection and bringing
perpetrators to account leave indigenous peoples particularly vulnerable.
72.
The criminalization of indigenous community members also has widespread impacts
which affect the accused person, their family and the broader community. Whereas in the
case of killings, where the attackers may be acting on behalf of a private actor, in the case
of prosecutions, State authorities are clearly and actively responsible for acts which
stigmatize indigenous individuals and communities and place them at risk.
73.
As previously noted, prosecutions of indigenous community members are often
preceded by defamation campaigns, at times with racist or discriminatory overtones, which
seek to discredit and undermine the legitimate right of indigenous peoples to participate and
voice their opinion in matters that affect them and their lands, territories and resources.
74.
At the individual level, by issuing arrest warrants for indigenous leaders on
unsubstantiated and vague charges the State seeks to limit their ability to continue their
important role as representatives of the community. Stigmatizing indigenous leaders by
calling them criminals suggests that they are not reputable representatives of the
community, causes personal humiliation and seeks to alienate them within the community
and disrupt social cohesion. Further, alleging that they are criminals places them at
significant risk of becoming targets of violent attacks. It can also result in restrictions on
their freedom of movement and force them to either go into hiding within their territories or
to abandon their communities and — depending on the level of threats against them — may
oblige them to go into exile.
75.
Prosecution of indigenous individuals has significant impacts both on their mental
and physical well-being and on their economic situation. They are forced to invest time and
financial resources in their defence and to pay for travel expenses, and attendance at court
hearings puts them at risk of losing their livelihood. They will have reduced possibilities to
defend the rights of their communities, as their resources and energies may be depleted in
defending themselves against criminal charges.
30
31
RUS 7/2012 and RUS 8/2014.
USA 7/2016 and 14/2016.
15