A/77/514
44.
Controversy arises when States and companies turn indigenous sacred sites and
ceremonies into tourist "spectacles," affecting their spiritual value and access to followers. 105
In Russia and the USA, interlocutors report being required to pay entrance fees to access their
sacred sites, designated as tourist attractions, including within national parks. One
interlocutor observed that the event calendars of national parks' for tourists often insensitively
clash with indigenous traditions. "It's like going into a Church and announcing a party."106
45.
Many indigenous peoples embrace diverse forms of syncretism; reflecting the fluidity
of intercultural exchange and rejecting assimilation, homogenization, and binary
conceptualizations.107 In Kyrgyzstan, interlocutors observe a trend of Imams adopting
indigenous spiritual traditions over recent decades. In Indonesia, some Kayan peoples
combine Catholic and indigenous spiritual practices, singing hymns in a traditional way.
Others incorporate indigenous iconography into Christian churches. Though not necessarily
amounting to undue restrictions on manifestations, syncretistic practices may attract
resistance, typically from religious institutions, that may result in individuals downplaying
their indigenous spirituality. Generating public controversy, the Church recently suspended
a Lutheran priest in Greenland after he incorporated the Inuit drum dance into a service.
46.
By restricting access to spiritually significant plants, including those with
psychoactive properties, indigenous interlocutors claim that States and international
organizations have limited their spiritual practices. The 1961 Single Convention on Narcotic
Drugs bans the coca leaf, which is spiritually significant in Bolivia and Peru, while State drug
policies have restricted access to peyote, white sage, and ayahuasca.108 Such limitations are
not necessarily unlawful since States may prohibit manifestations of spirituality for specific
reasons, such as for public health, in limited circumstances—including that measures are
legislated, necessary, and proportionate. Experts submit that non-indigenous peoples
sometimes exploit indigenous peoples' traditional knowledge to pursue social harms (e.g.,
cocaine production), but legal safeguards preventing this exploitation may disproportionately
affect indigenous communities.
D.
Women, equality, and freedom of religion or belief
47.
Several experts have asserted that, traditionally, many indigenous belief systems were
matriarchal or egalitarian, with women holding powerful and influential positions in spiritual,
socio-economic, and political spheres. Across several regions, the Special Rapporteur has
heard that indigenous women were key—even primary—carriers and custodians of
indigenous spirituality, presiding over rituals and celebrations, healing, advising, controlling
lands, and transmitting knowledge to future generations.109 In the Philippines, indigenous
women (babaylans) are "a reflection of strength in their tribes."110 Women were considered
"central to the identity, existence, and longevity of their communities,"111 even though other
interlocutors described their societies as patriarchal.112
48.
Having imposed patriarchal structures and principles, some States and non-State
actors have invalidated or undermined gender dynamics within indigenous communities,
stripping women of their elevated status, agency, and social mobility. Forced sedentarization
has brought formerly migratory indigenous groups under State administrative procedures that
recognized men as "heads of household." The growing influence of religious institutions,
which ban women from being spiritual leaders, was described as effectively sidelining
indigenous women and shrinking their space to fulfil sacred roles and responsibilities.
105
106
107
108
109
110
111
112
Consultation-East Asia; Submission-United Confederation of Taíno People (“UCTP”).
Consultation-USA.
A/76/178,(para.6).
https://www.hr-dp.org/files/2019/06/12/Drug_Policy_and_Indigenous_Peoples.pdf,(p.271).
Plan de Sánchez Massacre v. Guatemala; https://www.fnha.ca/Documents/FNHA-PHO-Sacred-andStrong.pdf,(pp.6-8); https://www.oas.org/en/iachr/indigenous/docs/pdf/Brochure-MujeresIndigenasen.pdf,( pp.1,10)
Submission-Commission on Human Rights of the Philippines(“CHRP”).
Consultations-India, Canada, USA, Latin America, EEAC, Greenland, MENA.
Consultation-Kenya.
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