A/HRC/39/37
development projects that had led to land dispossession, harmful environmental impact and
social conflicts, and to the criminalization of indigenous community members opposing
them. In her report to the General Assembly, 9 presented at its seventy-second session, she
identified the collective rights of indigenous peoples to their lands, territories and resources
as a priority area requiring urgent attention.
39.
The Human Rights Committee, the Committee on Economic, Social and Cultural
Rights, the Committee on the Elimination of Discrimination against Women, the
Committee on the Elimination of Racial Discrimination and the Committee on the Rights of
the Child issued a number of recommendations to protect indigenous peoples’ land rights.
The Human Rights Committee, the Committee on the Elimination of Racial Discrimination
and the Committee on the Rights of the Child expressed concerns about cases of eviction of
indigenous peoples from ancestral lands. Human rights treaty bodies recommended that
States parties hold consultations with indigenous communities with a view to obtaining
their free, prior and informed consent before making any decisions that would have an
impact on them. 10 The Committee on Economic, Social and Cultural Rights stressed the
importance of the demarcation and recognition of indigenous peoples’ lands in order to
reinforce the communities’ right to protect, develop and control it.11 The same Committee
recommended that guarantees of reparation, alternative housing and compensation should
be established.12 In paragraph 46 of its general comment No. 24 (2017) on State obligations
under the International Covenant on Economic, Social and Cultural Rights in the context of
business activities, the same Committee calls upon States parties to ensure that indigenous
peoples have access to effective remedies, both judicial and non-judicial, which should be
sensitive to indigenous cultures and accessible to indigenous peoples. The Committee on
the Elimination of Discrimination against Women recommended the enforcement of legal
and other measures to protect effectively women who are victims of harassment and
violence in the context of forced evictions.13
40.
In order to effectively protect land rights and avoid land-related conflicts, the
Committee on Economic, Social and Cultural Rights recommended to various countries to
increase their national efforts related to the demarcation and titling of indigenous lands,
which should include stronger institutional capacity for the entities responsible for such
processes.14
C.
Human rights defenders
41.
A number of United Nations human rights mechanisms and various OHCHR field
presences raised issues related to the safety of those defending indigenous peoples’ rights.
42.
During the Permanent Forum on Indigenous Issues, in April 2018, the Assistant
Secretary-General for Human Rights drew attention to widespread intimidation and
reprisals against indigenous peoples who cooperated with the United Nations. He stressed
the need to ensure that the experience of indigenous peoples who had been targeted for
claiming their rights by engaging with the United Nations was properly reflected in the
Secretary-General’s 2018 report on reprisals.15
43.
The Expert Mechanism on the Rights of Indigenous Peoples shared the concerns
expressed by other United Nations human rights experts 16 through a statement in March
2018 in support of indigenous human rights defenders in the Philippines, including the
9
10
11
12
13
14
15
16
A/72/186.
See CCPR/C/HND/CO/2, para. 47.
See E/C.12/MEX/CO/5-6, para. 68.
See E/C.12/RUS/CO/6, para. 49.
See CEDAW/C/GTM/CO/8-9, para. 41.
See A/HRC/37/5, A/HRC/36/11, A/HRC/36/7 and A/HRC/37/8.
Information can be sent to reprisals@ohchr.org.
See www.ohchr.org/EN/NewsEvents/Pages/DisplayNews.aspx?NewsID=22783&LangID=E and
www.un.org/development/desa/indigenouspeoples/news/2018/03/unpfii-indigenous-human-rightsdefenders-in-the-philippines/.
7
Select target paragraph3
Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents