A/HRC/6/17
page 18
campaign, because boys and girls were recruited as “special police officers” in the camps of the
internally displaced. Another reported negative impact on the right to education results from the
alleged takeover of 250 schools by the security forces for their own use.35
56. One issue of concern related to refugee protection is the tendency of many countries to
return asylum-seekers or repatriate refugees hastily for reasons of the country’s own national
security interests but often with insufficient attention to the level of enjoyment of economic,
social and cultural rights for the returnees in their countries of origin.36 Only in vary rare
situations do States recognize such consequences as “persecution” or “inhuman or degrading
treatment”, blocking as a matter of law the return of refugees on the basis of the rule of
non-refoulement. The Special Rapporteur is specifically concerned about the effect that the
return to conflict zones or post-conflict situations may have upon particularly vulnerable returnee
households, including families with a female caretaker, unaccompanied children and youth who
have no family networks in their country of origin. He draws States’ attention to the possibility
that children and youth who are unable to have access to education and whose social and
economic rights are not respected may, in such situations, be vulnerable to recruitment by
criminals, armed groups and even organizations carrying out terrorist acts.
D. Economic, social and cultural rights of indigenous peoples
57. An issue that the Special Rapporteur has not yet encountered during his country visits but
that has arisen in the context of his correspondence with Governments and that he hopes to
address during forthcoming country visits is the impact of counter-terrorism measures on the
economic, social and cultural rights of indigenous peoples or other minority communities with
distinct forms of livelihood and culture. He notes with concern that, in various parts of the world,
Governments have invoked their counter-terrorism laws in response to claims and social
movements emanating from the indigenous peoples of those countries. Such measures may
wrongly stigmatize as terrorism the activities of indigenous communities in respect of conflicts
over land rights and natural resources. Insensitive governmental responses based on a
counter-terrorism framework may in such situations easily violate the human rights of
indigenous peoples, including their economic, social and cultural rights. In some cases, such
impermissible action by Governments may be driven by the persistence of the Government in
practices that exploit the respective lands and resources without the consent of, or consultation
with, the indigenous communities.
58. The Special Rapporteur welcomes the recent adoption by the General Assembly of the
United Nations Declaration on the Rights of Indigenous Peoples (General Assembly
resolution 61/295) and expresses the hope that the international standards provided by this new
instrument will guide Governments in the elimination of any misuse of the notion of terrorism in
relation to claims by indigenous peoples. Referring to his earlier reports, the Special Rapporteur
35
Asian Centre for Human Rights report “Naxal conflict in 2006”, available at
www.achrweb.org/reports/india/naxal0107.pdf.
36
See A/62/263.
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