A/HRC/30/41
focusing on common themes and patterns experienced by indigenous women across
regions. The Special Rapporteur will highlight examples of specific rights violations and
issues from different countries, which are illustrative but not exhaustive. In analysing the
situation of indigenous women, she will consider both the gendered forms of violations
against indigenous women and the gendered effects of human rights abuses that target
indigenous communities as a whole. In that way, the Special Rapporteur hopes that the
forms of oppression, discrimination and violence that indigenous women face —because
they are women and because they are indigenous — can be better understood.
A.
Collective rights
Self-determination
11.
A cornerstone of the Declaration on the Rights of Indigenous Peoples, selfdetermination is defined as both a choice to determine political status, as well as the right to
have autonomy over economic, social and cultural development. Self-determination is a
right in itself and has been conceptualized as a precondition for the fulfilment of other
rights.
12.
When examining the rights of indigenous women and girls, it is vital to consider the
unique historical experiences of indigenous communities. Many forms of violence and
abuse against indigenous women and girls have a strong intergenerational element.
Violations of the broad right to self-determination of indigenous peoples are historically
and currently endemic. Those have included gross and sustained assaults on the cultural
integrity of indigenous peoples; denigration and non-recognition of customary laws and
governance systems; failure to develop frameworks that allow indigenous peoples
appropriate levels of self-governance; and practices that strip indigenous peoples of
autonomy over land and natural resources. Those patterns of violations are vividly
exemplified by colonization, but have also been perpetuated by post-colonial power
structures and State practices. Those violations of the right to self-determination have been
highly detrimental to the advancement of the rights of indigenous women and girls in a
number of ways.
13.
The response of indigenous communities to attacks against self-determination has, at
times, additionally subjugated the rights of women. In the battle for indigenous
communities to assert their right to self-determination, women’s rights have often been
considered divisive and external to the indigenous struggle and connected to “external
values” or “Western values” that privilege individual over communal rights. Such a false
dichotomy between collective and women’s rights has, paradoxically, further entrenched
the vulnerability of indigenous women to abuse and violence. Indigenous women are
therefore stripped of their right to self-determination by both violations against their
collective rights, as members of indigenous communities, and violations against their
individual rights, as sub-collectives within those communities.
14.
Such multiple victimization and the denial of the agency of indigenous women has
had a pronounced impact on the prevalence of violence and abuses through the
entrenchment of power structures that create and perpetuate systematic vulnerability. The
further loss of women’s agency caused by those violations then negatively impacts
collective efforts to fight group rights, thereby contributing to negative cyclical patterns.
Land rights
15.
A strong link to the land, territory and natural resources is a characteristic that is
commonly associated with indigenous peoples. Despite relevant provisions in international
human rights law, indigenous peoples experience weak protection of their land and property
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