A/HRC/48/54 legal reforms to undermine environmental protections and the rights of indigenous peoples.8 At the same time, emergency pandemic measures have restricted the ability of indigenous peoples and other human rights defenders to resist such legislation and enforce their rights. The weakening of legal protections has resulted in environmental harm, provoked violent conflicts over territory and led to viral exposure through contact with incoming workers. 10. Reports from Asia highlight legislative proposals and State-sanctioned laws that, reduce penalties for environmental violations, criminalize indigenous human rights defenders and weaken or remove environmental impact assessment and public participation requirements. 9 Projects likely to have substantial impacts on the environment and human rights are being fast-tracked if they are categorized as strategic. That limits the ability of the public to raise concerns about potential human and environmental impacts. In Asia, States are reportedly taking ownership of untitled lands, suppressing the efforts of indigenous peoples to obtain communal title to their territories and delaying or complicating processes to recognize customary forests. The right of indigenous peoples to meaningful participation in environmental decision-making processes is difficult to exercise under such conditions. 11. In South America, land demarcation processes have come to a halt during the COVID19 pandemic and some Governments have proposed legislative measures that authorize titling of indigenous lands to private companies, which encourages land invasions and territorial conflicts.10 Other policies in the region have been aimed at pushing through landuse changes and rezoning of uncultivated land for agroindustrial use in areas where indigenous peoples have customary land rights. Acceleration of resource exploitation 12. While States roll back environment safeguards and policies, megaprojects that indigenous peoples have long opposed are being expedited while restrictions on protests and gatherings remain in place.11 Reports indicate that Governments are proceeding with largescale infrastructure projects to counter the economic recession caused by the pandemic. 13. States have reportedly supported extractive industries on indigenous lands,12 granted official recognition of invaded areas, 13 allowed forced evictions and displacement of indigenous communities,14 and failed to enforce private sector obligations to remedy adverse 8 9 10 11 12 13 14 See communication addressed to India (IND 13/2020, available from https://spcommreports.ohchr.org/TMResultsBase/DownLoadPublicCommunicationFile?gId=25513) and Forest Peoples Programme, Rolling Back Social and Environmental Safeguards – Global Report (February 2021). See Asia Indigenous Peoples Pact and Rights and Resources Initiative, “Under the cover of Covid: new laws in Asia favor business at the cost of indigenous peoples’ and local communities’ land and territorial rights” (November 2020), pp. 6 and 9. See also communications addressed to India (IND 13/2020), Nepal (NPL 1/2021, available from https://spcommreports.ohchr.org/TMResultsBase/DownLoadPublicCommunicationFile?gId=26282) and Indonesia (IDN 5/2021, available from https://spcommreports.ohchr.org/TMResultsBase/DownLoadPublicCommunicationFile?gId=26108). See submission by Amazon Cooperation Network and Cultural Survival. See communication addressed to Mexico (MEX 11/2020, available from https://spcommreports.ohchr.org/TMResultsBase/DownLoadPublicCommunicationFile?gId=25562) and International Indian Treaty Council, “Covid-19 and indigenous peoples in North America”, 19 November 2020. See also submissions by Alianza de Organizaciones de Derechos Humanos Ecuador, Confederación de Nacionalidades Indígenas de la Amazonía Ecuatoriana, Centro Mexicano de Derecho Ambiental, A.C. CEMDA, Centro De Derechos Humanos Fray Bartolomé de Las Casas, A.C. See Asia Indigenous Peoples Pact and Rights and Resources Initiative “Under the cover of Covid: new laws in Asia favor business at the cost of indigenous peoples’ and local communities’ land and territorial rights”. See submission by Amazon Cooperation Network Instituto de Pesquisa e Formação Indígena. See submissions by Cxhab Wala Kiwe-Asociación de Cabildos Indígenas del Norte del Cauca; Federación por la Autodeterminación de los Pueblos Indígenas; Organización Indígena de Antioquia; and Almáciga. See also communications addressed to Kenya (KEN 3/2020) and Nepal (NPL 3/2020). 5