A/HRC/54/52
perpetrated in the context of military operations into land and territories of Indigenous
Peoples.
21.
States are encouraged to enter into bilateral and regional agreements, including
in situations of cross-border conflict or where international borders have been closed,
to address cross-border issues, and to take effective measures to facilitate the
implementation of the provisions contained in article 36 of the Declaration.
22.
States should refrain from contaminating Indigenous territories with military
waste, and should remedy the damage already caused to Indigenous lands and
territories, to Indigenous Peoples’ health and to their right to a healthy, clean and
sustainable environment, from past polluting activities.
23.
Indigenous Peoples should continue to build their own capacity on their rights
affirmed in the Declaration and on how to enforce them at the national, regional and
international levels, including in situations of contention between Indigenous Peoples,
States and business companies, by – for example – making use of international human
rights mechanisms such as the universal periodic review, the treaty bodies, including
the complaint procedures, and the Working Group on business and human rights.
24.
Indigenous Peoples should make full use of regional instruments such as the
American Declaration on the Rights of Indigenous Peoples and regional mechanisms
such as the Inter-American Commission on Human Rights and the African Commission
on Human and Peoples’ Rights in addressing human rights violations related to
militarization on their lands.
25.
States should consider Indigenous Peoples as partners and allies in conflict
prevention, peacebuilding and peacekeeping, as well as maintaining a human rights
agenda in any peace and security discussions. Indigenous Peoples should be involved in
deliberations about peace and security at all levels.
26.
Finally, in all situations where militarism affects Indigenous Peoples’ lands and
territories, the Expert Mechanism encourages States to engage with Indigenous Peoples
in the spirit of the United Nations Declaration on the Rights of Indigenous Peoples,
based on the principles of justice, democracy, respect for human rights, nondiscrimination and good faith.
GE.23-14759
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