A/HRC/54/52
of conflict and address related rights violations. For Indigenous Peoples, this includes human
rights violations arising in situations of conflict and grievances associated with their loss of
sovereignty, lands, territories and resources and with breaches of treaties, agreements and
other constructive arrangements between Indigenous Peoples and States. 131
68.
The Declaration should be the main framework for recognition, reparation and
reconciliation. Indigenous Peoples view recognition, reparation and reconciliation as a means
of addressing colonization and its long-term effects and of overcoming challenges with deep
historical roots. Although a truth and reconciliation commission may address a particular
series of violations or an event at a particular time, it is crucial to recognize that in the case
of Indigenous Peoples, these violations and events are inseparable from a long history of
colonialism.132
69.
Prosecutions and compensation for violations of Indigenous Peoples’ rights in the
context of militarization remain inadequate. A particular dimension of access to justice
relates to overcoming long-standing historical injustices and discrimination, including in
relation to colonization and dispossession of Indigenous Peoples’ lands, territories and
resources.133
70.
Levels of impunity remain high. Examples of this are the delays in investigating
extrajudicial executions that occurred between 1979 and 2012 in the State of Manipur and
the continued application of the Armed Forces Special Powers Act including in Nagaland
and Manipur, in India. 134 The Egyptian authorities, allegedly, have not opened an
investigation into human rights violations against Bedouins in Sinai and have not held
accountable any of the officials who committed or participated in these crimes. 135 In
Bangladesh, police stations and courts reportedly do not accept cases against members of the
military, and the National Human Rights Commission “cannot take any action or make
recommendations against the army if the army personnel are involved in human rights
violations in the Chittagong Hill Tracts”.136 In Nicaragua, in spite of friendly settlements
related to a case before the Inter-American Commission on Human Rights on alleged
genocide on the Caribbean Coast, amnesty laws have resulted in impunity. 137 In the
Bolivarian Republic of Venezuela, the investigations into the incident that took place in
March 2022 at the border military base in Parima B, Amazonas State, in which members of
the armed forces opened fire against Yanomami protesters killing four persons and injuring
a minor, are still ongoing.138
71.
In West Papua, Indonesia, while initiatives or legislation exist for the provision of
remedies, they fail to be implemented.139 In Indonesia, military personnel can only be tried
in military courts, making it harder for Indigenous Peoples to access effective remedies, due
to a lack of transparency.140 In Nicaragua, filing a complaint for sexual assault by military
forces has led to a responsive charge of slander.141
72.
Impunity perpetuates violence against Indigenous Peoples. In Brazil, there is a lack of
trust in state and border police and, in some cases, the federal police, arising from officer
involvement in incidents of violence against Indigenous Peoples. In most cases, impunity
131
132
133
134
135
136
137
138
139
140
141
16
A/HRC/24/50 and A/HRC/24/50/Corr.1, para. 79.
A/HRC/EMRIP/2019/3/Rev.1, para. 71.
A/HRC/24/50 and A/HRC/24/50/Corr.1, para. 6.
See communication IND 3/2022; see also the submission from the Centre for Research and
Advocacy, Manipur.
Submission from Justice House.
Submission from Parbatya Chattagram Jana Samhati Samiti.
Submission from Maria Luisa Acosta, coordinator of the Centro de Asistencia Legal a Pueblos
Indígenas.
OHCHR sources.
Submission from Asia Justice and Rights.
Submission from Franciscans International.
Submission from Maria Luisa Acosta, coordinator of the Centro de Asistencia Legal a Pueblos
Indígenas.
GE.23-14759