A/75/385
orientation and gender identity minorities and negative bias about Islam compound to
severely impair the mental health of some LGBT+ Muslims in India.117
46.
Situations of conflict and displacement create alarming shortages in food and medical
supplies for marginalized populations, including many religious and belief minorities. In
Myanmar, for example, insurgent groups have reportedly cut off routes into over 42 villages
in the Rakhine State, creating an alarmingly tenuous food and water supply for displaced
Rohingya.118 Moreover, in humanitarian settings women and girls are at a significant risk of
being sexually assaulted, a risk that is often heightened as a result of their religious or ethnic
identity.
47.
In some countries, religious and ethnic minorities have been rendered particularly
vulnerable to higher rates of COVID-19 infection and mortality, to harsh treatment by law
enforcement in the context of emergency measures, and to unequal access to adequate
medical care.119
Security of tenure (SDG -1)
48.
Indicator 1.4.2 of the goal of ending poverty in all its forms everywhere is the
“proportion of total adult population with secure tenure rights to land”. Security of tenure the certainty that a person’s rights to land will be recognized by others and protected in cases
of challenges - is a serious issue for religious or belief minorities.120 Indigenous peoples – up
to 2.5 billion women and men – hold and use more than 50% of the world’s land but have
secure tenure to just 10 percent.121 The situation of indigenous women can be especially dire
as both national and customary laws frequently fail to protect their property rights, and they
often bear disproportionate burdens related to poverty, food insecurity, climate change and
conflict.
49.
A disturbing trend exists whereby Governments open up the lands of indigenous,
religious or belief minorities to investment without the communities’ consent or in
contravention of their customary and collective land ownership. Communications to and by
special procedures reveal numerous troubling examples of communities being dispossessed
of their traditional lands including the Kaiowá and Guarani people in Brazil,122 Standing Rock
Sioux Tribe in the USA123, Wangan and Jagalingou in Australia,124 and Te Wai O Hua
(Maori).125 The Special Rapporteur is also concerned by States encroaching on peaceful
opposition against these developments and high murder rate of indigenous leaders in the
context of land disputes.
50.
In many cases, contemporary violations of land rights reflect vestiges of
discrimination that States inherited. Prior to the independence of Bangladesh (1971),
Pakistan promulgated the Enemy Property Act to enable the State to confiscate “enemy”
lands, which in practice meant land owned by Hindus. 126 It is reported that authorities seized
approximately 53 percent of the total land owned by the Hindu community. 127 In the 50 years
since independence, the government of Bangladesh has not rescinded the property seizures. 128
117
118
119
120
121
122
123
124
125
126
127
128
Submission by GIN SOGI.
https://www.hrw.org/news/2020/03/04/myanmar-civilians-caught-surge-fighting; See also,
https://www.ohchr.org/EN/NewsEvents/Pages/DisplayNews.aspx?NewsID=25572&LangID=E.
https://freedomhouse.org/article/state-sponsored-religious-discrimination-rises-pandemic.
https://www.ohchr.org/Documents/Issues/Housing/SecurityTenure/Payne-Durand-LasserveBackgroundPaper-JAN2013.pdf.
https://rightsandresources.org/wp-content/uploads/2017/09/Stockholm-Prorities-and-OpportunitiesBrief.pdf.
UA BRA 4/2015.
UA USA 7/2016.
UA AUS 2/2016.
AL NZL 1/2019.
https://www.justice.gov/eoir/page/file/1275476/download at p 2.
Abul Barkat, An inquiry into causes and consequences of deprivation of Hindu minorities in
Bangladesh through the Vested Property Act : framework for a realistic solution at p 62.
https://www.csw.org.uk/2020/05/01/report/4636/article.htm.
13