A/HRC/33/68
indigenous identity limited the research and analysis needed for preventive measures. A
range of cultural, economic, legal and linguistic factors impeded the access of indigenous
women to both national and traditional justice systems, and therefore to remedies for
violence suffered. When they demanded their rights, individual or collective, they were
often subjected to intimidation, threats or violence. As a result, impunity for perpetrators
remained widespread.
6.
The Deputy High Commissioner highlighted the 2030 Agenda for Sustainable
Development as an opportunity to make more efforts in research and analysis to ensure
systematic attention to violence against indigenous women, to understand the root causes
and to take preventive action. She referred to the text of the 2030 Agenda, which
envisioned a world where there was gender equality, a world that was just, tolerant, open
and socially inclusive. She recalled its interconnected attention to protecting the
environment, and explained that the link between people and planet must be fully respected.
A world where there was greater harmony between people and planet was the promise of
the 2030 Agenda; in this world, there was no place for violence against women and girls.
B.
Overview of presentations
7.
The moderator welcomed the theme of the panel. He recalled article 22 of the United
Nations Declaration on the Rights of Indigenous Peoples, which called upon States to take
measures to ensure that indigenous women and children enjoy the full protection and
guarantees against all forms of violence and discrimination. He also stressed that there was
growing recognition of the harm caused by colonialism and continued socioeconomic
marginalization on the safety and well-being of indigenous women and girls.
8.
The Special Rapporteur on violence against women, its causes and consequences
recalled the international and regional legal obligations to respect, protect and fulfil the
right of indigenous women and girls to a life free from violence. She referred to the
Universal Declaration of Human Rights, the International Covenant on Civil and Political
Rights and the International Covenant on Economic, Social and Cultural Rights, and to
other United Nations human rights treaties containing a non-discrimination clause. The
treaties imposed an obligation on States to act positively by enacting and implementing
laws and policies that guarantee that all rights contained in the treaties were enjoyed by
men and women, on an equal footing and without any kind of discrimination.
9.
The Special Rapporteur referred to the Convention on the Elimination of All Forms
of Discrimination against Women, general recommendation No. 19 of the Committee on
the Elimination of Discrimination against Women on violence against women, and the
Declaration on the Elimination of All Forms of Violence against Women. These
instruments detailed obligations relating to the elimination violence against women. She
also referred to article 22, paragraph 2 of the United Nations Declaration on the Rights of
Indigenous Peoples.
10.
With regard to the regional level, the Special Rapporteur referred to the InterAmerican Convention on the Prevention, Punishment and Eradication of Violence against
Women, the Protocol to the African Charter on Human and Peoples’ Rights on the Rights
of Women in Africa, and the Council of Europe Convention on Preventing and Combating
Violence against Women and Domestic Violence, which described obligations in regional
contexts. The Special Rapporteur recalled that the State and its agents must not commit acts
of violence against women. Such an obligation entailed the duty to ensure that an effective
legal framework was in place to address all forms of gender-based violence. States also had
an obligation to act with due diligence to prevent, investigate, punish and provide remedies
for acts of gender-based violence against women, including indigenous women and girls,
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