A/HRC/33/68
22.
The need for holistic and cross-sectoral approaches that integrate customary law and
traditions was stressed, and some relevant examples shared. A considerable number of
delegates reported legislative measures, such as the explicit recognition of the rights of
indigenous people.
23.
Some delegates pointed out that their gender equality plans and/or plans on violence
against women included indigenous women. Numerous delegates considered empowering
women through educational measures and capacity-building the best measure to address
violence against indigenous women and girls, by programmes with non-formal education to
ensure their literacy. Addressing the harm caused by colonization and dismantling
patriarchal and racist attitudes, including through education, were mentioned as
prerequisites to the elimination of violence against women. Some delegates stressed the
importance of engaging men in efforts to prevent and address violence against women and
girls, and offered examples of existing initiatives. It was repeatedly emphasized that
women’s empowerment should be included in policies to eradicate gender-based violence
and to ensure that indigenous women can act as agents of their own development, or to
build their capacity for leading and managing natural resources. Programmes that involved
the economic empowerment of indigenous women were also mentioned as effectively
contributing to a reduction in violence.
24.
A considerable number of delegates also reported concrete, ongoing efforts to
support indigenous communities in ending violence against women and girls, including
through prevention, early intervention for women at risk or service responses for those who
had suffered violence.
25.
With regard to health, some delegates expressed the need to make greater efforts to
ensure access to health care, particularly sexual and reproductive health services, in rural
and remote areas. Reporting on specific tools for prevention, one delegate referred to the
adoption of safety packages for indigenous women to combat violence. In addition, the
need to increase protection for indigenous human rights defenders was also considered a
related matter of critical importance.
26.
Numerous delegates highlighted their view that ensuring the accountability of
perpetrators was a priority concern. In that respect, some delegates reported specific
strategies to address violence against indigenous persons by using criminal provisions
established to address violence against women, such as the criminalization of femicide.
27.
One delegate reported on institutional steps to address this issue, such as the
establishment of a national public inquiry into the numerous missing and murdered
indigenous women and girls, while another delegate reported the creation of new
government departments to coordinate different aspects of the response to violence against
indigenous women and girls (such as with regard to education, risk assessment and initial
response, legal process, and victim safety and support).
28.
With regard to justice, the lack of criminal jurisdiction over non-indigenous
perpetrators committing gender-based violence against certain groups of indigenous women
was identified as a cause of impunity. To overcome this gap, some delegates emphasized
that it was crucial to enact national laws by recognizing tribes, and to assign jurisdictional
authority to prosecute non-indigenous offenders in tribal courts. Working with tribes to
implement these laws in an effective manner was also considered important.
29.
Lastly, concern was expressed at the overrepresentation of indigenous women in
prisons around the world for minor offences. Delegates therefore called upon States to
address this issue and that of violence and discrimination against incarcerated women,
including by staff in prisons.
6
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