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Restrictions imposed on indigenous human rights defenders
79. Indigenous peoples increasingly fear for their and their families’ lives while they
seek to defend their lands and environments during lockdown, particularly where
States have broadened their laws through declarations of emergency. 117 In some cases,
states of emergency have been used as a basis for targeting particular groups or
individuals 118 and for criminalizing indigenous peoples’ rights-defending activities.
Restrictions on the freedom of movement and assembly, including bans on protests, 119
have hampered the work of indigenous human rights defenders, journalists and civil
society, creating a void in their ability to monitor and draw attention to human rights
violations and abuses. The suspension or restriction of court operations has impeded
access to justice or remedy. This has opened the door for companies or criminal
networks to take possession of indigenous peoples’ lands without scrutiny or
accountability. 120 Lockdown measures limit the ability of indigenous rights defenders
to mobilize their emergency support network for the protection of members of
indigenous communities, while authorities and private actors continue to gain wider
abilities to silence them, for example, by criminalizing them for breaking quarantine
as they prevent incursion on their lands. 121
80. Confinement has increased the exposure of land and environmental d efenders
to attacks and killings. Indigenous leaders were reportedly assassinated in Latin
America when perpetrators knew where they lived and that they could not leave their
homes. 122 Journalists were reportedly harassed for raising alarm on social media o n
the lack of preparedness of their community hospitals. 123 In Asia, threats against and
harassment of indigenous rights defenders have reportedly intensified, including
against women leaders providing aid and assistance. 124
Border closure
81. National borders often artificially divide communities from the same indigenous
peoples. The free movement within Sápmi was, for example, restricted by border
closures in March 2020, hindering the provision of support to family members across
borders and cross-border reindeer herding. 125 Similarly, Tuareg youth also reportedly
demonstrated in a cross-border city of the Sahel against closure of the border and its
impacts. 126 The lack of a coordinated multi-State response has contributed to high
rates of transmission among indigenous communities living across porous borders. 127
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20-09737
Land and environmental rights defenders are among those most at risk; see
https://www.ohchr.org/EN/NewsEvents/Pages/DisplayNews.aspx?NewsID=25517&LangID=E .
See https://www.ohchr.org/EN/NewsEvents/Pages/DisplayNews.aspx?NewsID=25722&
LangID=E; submissions by Asia Indigenous Peoples Pact and the Tebtebba Foundation.
Joint submission by the Canadian Feminist Alliance for International Action and Pamela
Palmater, Chair in Indigenous Governance, Ryerson University.
See International Work Group for Indigenous Affairs, “Indigenous Peoples at increased risk due
to coronavirus”, 31 March 2020, available at https://www.iwgia.org/en/news/3547-iphrd-healthcovid-19.html.
See https://www.ohchr.org/en/NewsEvents/Pages/DisplayNews.aspx?NewsID=25850&LangID=E .
Submissions by Oxfam International and Peace Brigades Internatio nal.
Joint submission by Franciscans International and partners.
See International Work Group for Indigenous Affairs, “Indigenous Peoples ’ Human Rights
Defenders in the Philippines threatened and harassed” (11 May 2020), available at
https://www.iwgia.org/en/news-alerts/news-covid-19/3582-indigenous-peoples-human-rightsdefenders-in-the-philippines-threatened-and-harassed.html; submissions by Protection
International and the Asia Indigenous Peoples Pact.
Submission by the Sami Parliament of Sweden.
Submission by Association Tin Hinan.
Joint submission by the National Indigenous Organization of Colombia and partners.
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