A/HRC/6/17
page 19
emphasizes that terrorism should be defined by the use of inexcusable methods of violence
against bystanders and the intention to create fear among the general population rather than by
political or other aims, which often overlap with the aims of social movements that have nothing
to do with terrorist acts.
59. In Chile, a number of Mapuche community leaders have been prosecuted pursuant to a
broadly defined definition of terrorism found in the current legislation, and some have been
convicted and sentenced to lengthy prison sentences for alleged “terrorist” acts committed in the
framework of a social conflict over land rights (see A/HRC/6/17/Add.1).
60. In 2002, organizations of indigenous people in the Philippines which defended their
traditional lands and land rights or resisted the encroachment by foreign commercial operators on
their territories were often criminalized as subversive, and their members prosecuted as
“terrorists” (E/CN.4/2003/90/Add.3, para. 49). The Special Rapporteur expects to address this
issue on a forthcoming mission to the country.
61. According to the Special Rapporteur on the situation of human rights and fundamental
freedoms of indigenous people, the adoption of the Prevention of Terrorism Act in India, in
2002, led to the detention of many indigenous individuals, such as members of the Adivasis and
Jharkhand tribal communities. By March 2003, when the Madras High Court upheld the
supremacy of the Juvenile Justice Act over anti-terrorism laws, several indigenous children had
been arrested as terrorists (E/CN.4/2004/80, para. 45). The Prevention of Terrorism Act has since
been revoked, but many of its key provisions have been retained in ordinary legislation.37
Members of the Adivasis community experienced forced evictions and their lives are threatened
by dam and mining development projects, expansion of modern forms of agriculture and new
settlements. Their land rights are neither recognized nor fully protected in the different regions.
The forced eviction and demolition of their houses seems to be often linked to counter-terrorism
measures. Reportedly, in 2003, Muslims in India were often stigmatized as “terrorists” when
armed gangs systematically destroyed Muslim homes, businesses and places of worship. Such
attacks were allegedly carried out with the participation and support of public authorities.
Obviously, the resulting evictions would have a serious adverse impact on the right to adequate
housing, which is guaranteed under the International Covenant on Economic, Social and
Cultural Rights. 38
62. The vast majority of internally displaced persons in Colombia are children and women, and
often includes members of indigenous communities who have been displaced from their
ancestral lands, thereby losing their traditional means of livelihood, access to their lands and
natural resources and the enjoyment of their own culture. Displacement is a direct consequence
37
Amnesty International Report 2006 on India, available at http://web.amnesty.org/report2006/
ind-summary-eng.
38
“In the name of counter-terrorism: human rights abuses worldwide”, A Human Rights Watch
Briefing Paper for the fifty-ninth session of the United Nations Commission on Human Rights,
March 2003, http://hrw.org/un/chr59/counter-terrorism-bck4.htm.
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