A/HRC/54/52 are reports that national and international military forces have set up bases and compounds and engaged in military exercises on Indigenous land, without free, prior and informed consent, in places such as Burkina Faso, Cameroon, Chad, Kenya, Mali, Morocco, the Niger, Senegal, Tunisia and Uganda.83 43. Article 28 of the Declaration requires that Indigenous Peoples receive redress for violations of their land rights, including for the confiscation of lands, territories and resources and for the occupation, use or damage of lands, territories and resources without their free, prior and informed consent. In Ecuador, the Constitutional Court ruled in 2020 against Ministerial Agreement No. 080 issued by the Ministry of the Environment regarding the Cuembí Triangle Protected Forest for violating the constitutional right of Indigenous Peoples to be consulted prior to the adoption of any regulatory measure that may affect any of their rights; the right for military activities not to be carried out in their territories without their consent; and the right to the possession of their ancestral lands. 84 In Colombia, the Special Jurisdiction for Peace recognized Indigenous territories as victims of the armed conflict, identifying the socio-environmental damage and the vulnerability of human-nature relations that were systematically destroyed by the war.85 C. Economic, social and cultural rights 44. The militarization of Indigenous Peoples’ lands, territories and resources is detrimental to their economic, social and cultural rights because, in some instances, the protection of land, territories and natural resources is necessary to guarantee other rights, such as the rights to culture, health, water and food.86 In other cases, the military activities themselves can lead to the disruption of vital services, including education and health services. As noted by the Special Rapporteur, responses based on a counter-terrorism framework may easily violate the economic, social and cultural rights of Indigenous Peoples.87 Indigenous Peoples’ economic, social and cultural rights, including their rights to health and education and to practise their livelihoods, should act as a constraint on any military programmes targeting their territories.88 45. The militarization of the Chittagong Hill Tracts in Bangladesh has had a significant impact on the economic rights of the Jumma. Many have lost their traditional livelihoods, because of the destruction of natural habitats and forced displacement. 89 In Iraq, militarization has reportedly impacted the Assyrians’ livelihoods and prevented their access to health services.90 46. In some militarized Indigenous territories, the army or paramilitary personnel have occupied schools, which are therefore required to close down. 91 The Expert Mechanism has received information about the closing down of Indigenous community-initiated schools because they are perceived as training grounds for rebels, such as the Lumad schools in Mindanao, Philippines. 92 In Panay, Philippines, there are reports of the military utilizing schools and civilian facilities as military posts or barracks. 93 In Myanmar, schools have 83 84 85 86 87 88 89 90 91 92 93 GE.23-14759 Submission from the Indigenous Peoples of Africa Coordinating Committee. See https://portal.corteconstitucional.gob.ec/FichaRelatoria.aspx?numdocumento=20-12-IN/20. See https://www.jep.gov.co/Sala-de-Prensa/Paginas/Las-particularidades-de-los-macrocasosterritoriales-de-la-JEP.aspx (in Spanish). A/HRC/45/38, para. 11. See A/HRC/6/17 and A/HRC/6/17/Corr.1. See A/HRC/24/41/Add.3. Submission from Minority Rights Group International. See also the submission from Parbatya Chattagram Jana Samhati Samiti. Submission from Mikhaeel Benjamin Dawoud. A/HRC/30/41, para. 26. Jill Cariño, presentation at the Expert Seminar, Geneva, December 2022, and the submission from the Legal Rights and Natural Resources Center; see also the submission from the Panaghiusa Philippine Network. Submission from the Defend Panay Network. 11

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