A/HRC/21/47
4.
Thematic issues
20.
The Special Rapporteur has continued to examine recurring issues of interest and
concern to indigenous peoples worldwide, most notably the issue of extractive industries
affecting indigenous peoples. He reports on his progress in this regard in part IV, below.
Another issue that has been addressed by the Special Rapporteur over the past 12 months is
that of violence against indigenous women and girls, which he discusses in part III, below.
III. Violence against indigenous women and girls
21.
The issue of violence against indigenous women and girls has arisen in the context
of the Special Rapporteur’s country visits, in particular to the United States, and in his
examination of specific cases. It was also the subject of the expert seminar convened by
Permanent Forum on Indigenous Issues referred to above, in which the Special Rapporteur
participated (see para. 6). The expert seminar took as its point of departure article 22 of the
United Nations Declaration on the Rights of Indigenous Peoples, under which States are to
“take measures, in conjunction with indigenous peoples, to ensure that indigenous women
and children enjoy the full protection and guarantees against all forms of violence and
discrimination”.
22.
Part of the mandate given to the Special Rapporteur by the Human Rights Council
under its resolution 15/14 is to pay special attention to the human rights and fundamental
freedoms of indigenous children and women, and to take into account a gender perspective.
Accordingly, the Special Rapporteur wishes to draw attention to the views that he
expressed at the expert seminar, which are provided in the following paragraphs. These
comments are not intended to be comprehensive.
A.
International standards relevant to combating violence against
indigenous women and girls
23.
Throughout his work, the Special Rapporteur has heard compelling stories of
suffering of indigenous women and girls caused by violence, and inspiring stories of
perseverance and of steps to overcome that suffering.
24.
Within the international human rights system there exists today a broad constellation
of human rights standards relevant to combating violence against women. As women,
indigenous women are guaranteed the rights enshrined in numerous international human
rights instruments that specifically address women as such, most notably the Convention on
the Elimination of All Forms of Discrimination against Women; the Platform for Action
adopted at the Fourth World Conference on Women; and, at the regional level, the InterAmerican Convention on the Prevention, Punishment and Eradication of Violence Against
Women. Furthermore, as indigenous people, indigenous women are guaranteed enjoyment
of the rights enshrined, most notably, in the United Nations Declaration on the Rights of
Indigenous Peoples. Although not a treaty, the Declaration represents an authoritative
common understanding, at the global level, of the minimum content of the rights of
indigenous peoples, upon a foundation of various sources of international human rights law.
25.
The existence and general content of these two rights regimes – women’s rights and
indigenous peoples’ rights – is relatively well understood within many platforms of
discussion, especially within the international human rights system. A question that
necessarily comes to the forefront in this context, however, is how, exactly, the human
rights guaranteed to indigenous women because of their status as women, and those
guaranteed because of their status as indigenous, relate to or interact with one another.
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