A/HRC/45/34/Add.3
When indigenous peoples’ ways of life, practices and traditions are deemed inappropriate or
incompatible with economic policies, development goals or conservation objectives, forced
evictions occur. Indigenous communities that object or protest are repressed and subjected to
restrictions on their freedom of association and expression, arbitrary detention,
criminalization, threats and intimidation. In the worst instances, indigenous human rights
defenders are the victims of extrajudicial executions, torture and sexual violence. Forced
evictions disproportionately affect women, children and elderly persons.
57.
Participants in the regional consultation emphasized the need for a more in-depth
analysis of the situation faced by indigenous human rights defenders in the region and for
opportunities to exchange experiences in order to strategize on how to address these concerns.
In the absence of an effective regional human rights system in Asia, independent national
human rights institutions and international human rights mechanisms are vital allies.
58.
In 2018, the Special Rapporteur dedicated her thematic report to the Human Rights
Council to a global analysis of attacks against and the criminalization of indigenous human
rights defenders and identified India and the Philippines as countries among those with the
highest incidence worldwide.53 Overall, the high rates of attacks against and criminalization
of indigenous human rights defenders in the region are often unreported and do not reach the
international community. Throughout her mandate, the Special Rapporteur has issued
communications to several States regarding allegations of violations linked to the targeting
of indigenous human rights defenders. This limited number of cases, however, some of which
are highlighted below, provides an incomplete snapshot of the situation on the ground.
59.
Indigenous female human rights defenders in particular have been targeted, including
in Bangladesh,54 India55 and the Philippines.56 Indigenous environmental defenders have been
victims of executions in several countries, including Myanmar57 and Thailand.58 Intensified
militarization in India, 59 Indonesia 60 (especially in West Papua) and the Philippines, 61 is
increasing the stigmatization and targeting of indigenous peoples. Accusations of belonging
to left-wing armed opposition groups have resulted in an increase in extrajudicial executions
and in the use of security legislation to prosecute indigenous leaders and community
members who seek to claim their rights.
60.
The Special Rapporteur sent a joint communication regarding a land dispute between
an indigenous community and the Chinese sugar cane company Hengfu Sugar in Preah
Vihear Province, Cambodia, in September 2018.62 Subsequently, in June 2019, the Ministry
of Land Management, Urban Planning and Construction of Cambodia set up a team to
measure and demarcate the land of indigenous communities, in support of their collective
land title application. The land demarcation depends, however, on the resolution of the land
dispute. Community members who have been particularly outspoken have expressed concern
about being targeted. Between 2014 and September 2019, 15 indigenous community
members and 2 staff members of non-governmental organizations were charged and put
under judicial supervision in relation to this land dispute. In February 2020, Hengfu Sugar
reportedly stopped operating.63 Sugar-related economic land concessions across Cambodia,
including in Preah Vihear, have resulted in thousands of people being dispossessed from
traditional lands of spiritual significance.
61.
In February 2019, together with other special procedures, the Special Rapporteur sent
a communication to the Government of the Philippines and to the Australia-based mining
company OceanaGold regarding allegations that the establishment and operation of a gold
and copper mine by OceanaGold had resulted in violations of the human rights of the
indigenous peoples and local communities living near Didipio, Nueva Vizcaya Province,
53
54
55
56
57
58
59
60
61
62
63
A/HRC/39/17, paras. 41–42, 57–58 and 63.
BDG 2/2018.
IND 1/2019 and IND 1/2016.
A/HRC/39/17, para. 58.
MMR 2/2018.
THA 4/2020 and THA 2/2019.
IND 2/2017 and IND 1/2016.
IDN 8/2019, IDN 6/2019, IDN 3/2019, IDN 7/2018, IDN 4/2016 and IDN 8/2015.
PHL 10/2018, PHL 2/2018, PHL 16/2017, PHL 8/2017, PHL 1/2016 and PHL 5/2015.
KHM 6/2018.
A/HRC/45/34, para. 16.
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