A/77/514
urbanization in South America has replaced indigenous worship sites with city infrastructure.
A mining company destroyed ancient rock structures in Juukan Gorge, Australia, with
profound spiritual significance to traditional owners.59 Obstacles to indigenous people’s
access and use of their lands may prevent them from enjoying spiritual practices and
transmitting knowledge to future generations while engendering spiritual and psychological
distress by creating a sense of alienation.60
28.
Yet States and non-State actors have forcibly evicted or denied indigenous peoples
access to their land and inflicted environmental degradation and destruction in their territories
(including for construction, extractive industries, agro-industrial farming, logging, cash crop
plantations, hazardous waste dumping, and tourism). Interlocutors submit that Russian Statesponsored logging companies have proposed a 1,000-kilometer paved road through the
Udege peoples' sacred forest.61 Extractive companies in the Philippines, India, and Cambodia
have forcibly evicted indigenous peoples from their lands, in some cases supported by
national police/military. 62 UN experts recently scrutinized Tanzania's escalating violence in
forcibly evicting Maasai peoples for development and conservation reserves, deploying live
ammunition, and tear gas.63 Operators of the Kathmandu Valley Road Expansion Project
reportedly forcibly evicted Newars en masse and risked the destruction of countless cultural
heritage sites considered "integral [to their] life and identity."64
29.
The Special Rapporteur received reports from every region that States have
instrumentalized their legal and policy frameworks to frustrate indigenous peoples’ access or
use of indigenous land, often treating their rights as secondary considerations to political and
economic objectives.65 In 2019, Pakistan's Supreme Court approved the transfer of Bahria
Town Karachi to a private developer, with experts estimating that approximately 10% of
indigenous communities were forcibly removed after "illegally occupying" 40,000 acres of
traditional land.66 State ambivalence or complicity is also a concern. The Brazilian
Government's lack of regulation on agricultural fertilizers has allegedly caused water
pollution on indigenous territory, threatening spiritually significant waters.67 Without
adequate legal protection in Canada, recent years have reportedly witnessed increasing
vandalism and desecration of sacred First Nations sites containing indigenous pictographs
and petroforms.68
30.
Many indigenous peoples seek land tenure as the "only way" to protect their territories
against these serious challenges, even if the anthropocentric Lockean concept of land
ownership is contrary to their worldview. For Mapuche people in Chile, "I belong to the
earth; the earth doesn't belong to me."69 Yet despite indigenous peoples holding and using
over a one-quarter of the world's land, they enjoy secure tenure for only 10%. The Special
Rapporteur recalls that secure tenure rights are a critical indicator for Sustainable
Development Goal ("SDGs") No. 1 of ending all forms of poverty everywhere.70
31.
Arbitrary designation of State borders encompassing indigenous lands may also
undermine their freedom of religion or belief where they cannot cross over, including to
access a sacred site or engage tribal members in traditional ceremonies. Although the USA's
"Enhanced Tribal Identification" cards may facilitate access across the Mexico border, rights-
59
60
61
62
63
64
65
66
67
68
69
70
https://doi.org/10.1017/bhj.2021.18.
Consultation-Kenya.
https://www.culturalsurvival.org/news/illegal-logging-threatens-survival-russias-indigenous-udege.
AL PHL 1/2019; KHM 1/2015;UA IND 8/2017.
https://www.ohchr.org/en/press-releases/2022/06/tanzania-un-experts-warn-escalating-violenceamidst-plans-forcibly-evict.
UA NPL 3/2017.
E.g. A/HRC/18/35,(paras.30-55); A/77/183,(para.40).
https://thediplomat.com/2021/07/the-battle-over-bahria-town-karachi/.
OL BRA 4/2022.
https://indiancountrytoday.com/archive/indigenous-pictographs-canada-vandalized
https://www.abc.net.au/news/2022-08-22/chile-hydroelectric-plant-indigenous-sites-trufulriver/101354004.
A/75/385,(para.48).
9