A/77/514
assembly, association or expression, and spiritual practice, and to justify rights violations.
For example, Bangladesh has reportedly invoked "security" justifications to reject indigenous
land claims in the Chittagong Hill Tracts, thereby restricting their opportunities for
worship.171
67.
States also have weaponized counterterrorism legislation to surveil indigenous
peoples during their spiritual ceremonies, lower due process standards and increase penalties
against indigenous activists expressing political dissent. The Committee on the Elimination
of Racial Discrimination has expressed concern that Ecuador has brought criminal
proceedings against indigenous activists on charges including terrorism, sabotage, and
resistance, resulting in convictions and fines disproportionate to the acts' seriousness.172
Drawing on and cultivating misrepresentation of indigenous peoples, the Philippines' AntiTerrorism Law 2020 supports the "red-tagging" of indigenous HRDs. They have been
allegedly labelled as "communists" based on their political opinions, subject to arbitrary
arrest and extra-judicial killings, and had indigenous schools shut for being "breeding
grounds for terrorists" or having "anti-government" curriculums.173 Civil society also
highlights that indigenous peoples' social media use for advocacy and community
organization may increase their vulnerability, observing Facebook/Meta's role in facilitating
"red-tagging."174
68.
Both violating indigenous peoples' rights and limiting their advocacy against such
violations, several States allegedly have intimidated, surveilled, threatened, arbitrarily
arrested, or violently attacked peaceful indigenous protestors with excessive force.175 In
Algeria, 41 Amazigh were reportedly arrested and imprisoned in 2019 for drawing attention
to their indigenous identities during peaceful protests.176 States blocking Internet access is
never justifiable, including to reinforce public order or protect national security.177 Indonesia
has imposed Internet blackouts in majority-indigenous West Papua to reportedly quash
community organizations and quell advocacy for their rights domestically and abroad.178
Steadily, more States are moving towards regulating online communications through hate
speech legislation.179 Such measures may deliberately or inadvertently discriminate against
indigenous peoples, such as concerns that Canada's online hate speech bill could characterize
their political organization as "anti-government."180
H.
Access to justice
69.
Worldwide, interlocutors from every region have observed a reoccurring disconnect
between State rhetoric—in extolling respect for indigenous peoples' rights—and reality, with
States failing to recognize indigenous peoples and uphold their rights, including freedom of
religion or belief. 181 Such shortcomings are often borne from complicity or denial of
responsibility. States have fully implemented merely 28% of IACtHR's reparation orders in
land rights cases,182 with low compliance rates attributed to various factors, including lack of
State ability or political willpower—often where the alleged perpetrators still hold power. 183
Impunity for rights violations reigns in such permissive climates. Despite progressive
171
172
173
174
175
176
177
178
179
180
181
182
183
Consultation-South Asia.
CERD/C/ECU/CO/23-24,(para.20).
A/HRC/44/22,(paras.49-61); Submission-CHRP.
https://www.icj.org/wp-content/uploads/2022/01/ICJ_PhilippinesRedTagging_270122.pdf;
https://www.malayamovement.com/weaponizationsocialmedia
E.g. Tajikistan, Argentina, Indonesia (AL IDN 7/2019). Also A/HRC/49/44,(paras.20,32,38).
https://www.amnesty.org/en/documents/mde28/0664/2019/en/
https://www.osce.org/files/f/documents/e/9/78309.pdf,(para.6.e).
https://www.ohchr.org/EN/NewsEvents/Pages/DisplayNews.aspx?NewsID=24942&LangID=E
https://www.cfr.org/backgrounder/hate-speech-social-media-global-comparisons
https://torontosun.com/news/national/indigenous-racialized-lgbtq-groups-and-sex-workers-criticizeonline-hate-bill
E/CN.4/Sub.2/AC.4/2004/4.
A/HRC/42/37,(para.33); https://academic.oup.com/jids/article/12/2/223/5981765,(pp.11-13);
Submission-Oglala Sioux Tribe.
https://academic.oup.com/jids/article/12/2/223/5981765,(pp.21-25).
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