A/HRC/54/52 Annex Expert Mechanism Advice No. 16 (2023): Impact of militarization on the rights of Indigenous Peoples 1. The Expert Mechanism provides the following advice regarding the causes and consequences of militarization and its impact on the rights of Indigenous Peoples within the context of States’ human rights obligations and responsibilities. In this context, Indigenous Peoples are rights holders and States are the duty bearers, bound to uphold the human rights of Indigenous Peoples. 2. States should promote demilitarization of the lands, territories and resources of Indigenous Peoples, as a contribution to the realization of the collective right to live in freedom, peace and security as distinct peoples as well as to economic and social progress and development, understanding and friendly relations among nations and peoples of the world. 3. With respect to the presence of military forces in Indigenous lands and territories, States should be guided by article 30 of the United Nations Declaration on the Rights of Indigenous Peoples, which affirms that military activities shall not take place in the lands or territories of Indigenous Peoples, unless justified by a relevant public interest or otherwise freely agreed with or requested by the Indigenous Peoples concerned. “Public interest” does not constitute by itself a determinative factor and must comply with the principles of suitability, necessity and proportionality as defined within an overall framework of respect for human rights. 4. States should not undertake any militarization on the basis of public interest, without any legal and justifiable ground in terms of the associated restrictions on the rights of Indigenous Peoples. Restrictive measures must conform to the principle of proportionality; they must be appropriate to achieve their protective function; they must be the least intrusive instrument among those which might achieve the desired result; and they must be proportionate to the interest to be protected and defined within an overall framework of respect for human rights. 5. States should undertake consultation processes with the Indigenous Peoples concerned, even where sufficient public interest can be found. Furthermore, States should ensure that consultations are free from interference from government actors, companies or the military, and facilitate Indigenous Peoples’ internal consensusbuilding and decision-making practices, respecting their time frames, customary laws and representative structures. Free, prior and informed consent is required in cases where military activities may have significant impacts, as required by the Declaration. 6. States should ensure that Indigenous Peoples’ territories are free of State military interventions and that military bases, camps and training centres established in Indigenous territories without Indigenous Peoples’ free, prior and informed consent are removed immediately, consistent with articles 19 and 30 of the Declaration. 7. States should respect internationally recognized human rights standards on the use of force when using law enforcement officials in Indigenous lands and territories. When applicable, States should also respect international humanitarian law in situations of armed conflict taking place in Indigenous Peoples’ lands. International human rights law continues to apply in situations of armed conflict. 8. States should protect Indigenous Peoples, especially Indigenous rights defenders, ensuring that they are not subject to intimidation, harassment, acts of violence, killings, enforced disappearances or criminal prosecution when asserting the rights of their peoples in situations where Indigenous lands are militarized and/or in situations of armed conflict. 9. Indigenous Peoples have the right to oppose and actively express opposition to development projects promoted by the State or third-party business interests. Indigenous Peoples should be able to oppose or withhold consent to development GE.23-14759 19