A/HRC/42/19
28.
In November 2018, the Expert Mechanism on the Rights of Indigenous Peoples held
an intersessional meeting in Chiang Mai, Thailand, on the theme of the rights of indigenous
peoples in the context of borders, migration and displacement. That issue will also be the
focus of the next thematic study to be undertaken by the Expert Mechanism, which will be
presented to the Council in September 2019.
29.
In October 2018, during a visit to Cambodia, the Special Rapporteur on the rights of
indigenous peoples had meetings with several ministries, with a particular focus on the
simplification of communal land titling processes for indigenous peoples.
30.
During the reporting period, the positive measures taken by States on land rights
highlighted under the universal periodic review included a draft customary land tenure
agreement, a reporting and dispute resolution framework and a moratorium on approving
the use of State land for agro-industries.
D.
Human rights defenders
31.
During the period under review, threats against and attacks on indigenous people
and criminalization of them, particularly those defending their lands and resources,
continued to escalate in many countries, including in the context of large-scale projects
relating to the extractive industries and agribusiness, infrastructure projects and
hydroelectric dams.
32.
The OHCHR office in Colombia received reliable information, according to which
an increased number of indigenous human rights defenders had been killed, a trend that
severely undermines the fundamental rights of indigenous peoples.
33.
Human rights defenders working on land rights in Guatemala are most often
indigenous leaders. The OHCHR office in Guatemala notes that they are, in many cases,
criminalized and prosecuted. The country office, together with the Office of the
Ombudsperson presented a joint report on the situation of human rights defenders, with a
specific focus on the risk factors, patterns of attack, threats and intimidation, and the impact
on indigenous defenders covering the period from 1 January 2017 to 30 April 2019. The
country office also monitored several emergency cases relating to the protection of
indigenous human rights defenders, verifying and cross-checking information with victims,
families and State institutions, including the National Civil Police and the Office of the
Attorney General. The country office also continued providing assistance in cases of
criminalization of indigenous human rights defenders, participating in judiciary hearings
and carrying out visits to the jails where they were detained.
34.
The OHCHR office in Mexico documented several cases of indigenous human rights
defenders killed during the period under review. It provided technical support to
communities and defenders at risk and advocated with the authorities regarding their
obligations. During the reporting period, the country office issued eight public statements in
which it expressed concern over particular cases, urging the authorities to investigate and
guarantee the integrity of defenders and their families. One successful case was the release
of two renowned human rights defenders and members of an organization of the Me’phaa
indigenous peoples, owing to the strong concerns expressed at the national and international
level. The country office contributed to the protection of the human rights defenders
through continued dialogue with the authorities and a media strategy.
35.
The report of the Special Rapporteur on the rights of indigenous peoples to the
Human Rights Council in September 2018 provided a global overview of threats against
indigenous human rights defenders, and their space for peaceful mobilization in particular,
in the context of extractive and developmental projects (A/HRC/39/17).
36.
The Committee on Enforced Disappearances adopted guiding principles for the
search for disappeared persons, emphasizing the importance for the authorities in charge of
the search to consider and respect the cultural patterns and practices of indigenous
communities with respect to the disappearance or death of a member of such a community.
In order to ensure that an effective search is conducted, the authorities in charge of the
search should provide interpretation into indigenous languages.
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