A/HRC/45/22 is supporting States’ efforts to respond to the crisis, including through ensuring respect for the rights of indigenous peoples. 7. Reports indicate that, in most countries, measures to combat the COVID-19 global health crisis that directly affect indigenous peoples were adopted without the adequate participation of or meaningful consultation and cooperation with the indigenous peoples concerned.2 That has resulted in some responses that may not be culturally appropriate and that may not be compatible with the requirement to seek and obtain their free, prior and informed consent. 8. Moreover, indigenous peoples in many parts of the world were already in precarious situations prior to the COVID-19 pandemic, due to the encroachment of indigenous peoples’ land by illegal loggers, miners and others. That critical situation may be further exacerbated as a result of the crisis. Furthermore, lockdown measures and restrictions on freedom of movement can negatively affect the rights of indigenous peoples over their land, natural wealth and resources, in particular for those who already face food insecurity as a result of land confiscation, land grabs or the loss of their territories. 9. In the context of the COVID-19 pandemic, the work of indigenous human rights defenders has been key in ensuring that States provide accessible and reliable information in a fair and transparent manner and in raising the alarm when measures were inadequate or contrary to international human rights law. Indigenous human rights defenders are central allies in addressing the challenges posed by the COVID-19 pandemic; States should therefore recognize and protect them without discrimination at all times. During the period under review, however, threats against and attacks on indigenous people and the criminalization of their activities, in particular those carried out in defence of their lands and resources, continued to escalate in many countries, including in the context of large-scale infrastructure projects. 10. OHCHR headquarters and field presences are coordinating COVID-19-related activities with a common strategy for advocacy in the short, medium and long term, in synergy with United Nations human rights mechanisms and entities. Towards that end, OHCHR produced a guidance note on the impact of COVID-19 on indigenous peoples, including an overview of how the pandemic affects them and promising practices undertaken by States and indigenous peoples. 11. OHCHR field presences have directly engaged with Governments and provided support to ensure a rights-based response. For example, at the beginning of the pandemic, the OHCHR office in Cambodia contacted the Ministry of Health highlighting the heightened vulnerability of indigenous peoples during the COVID-19 global health crisis, including the potential impacts on access to health care and the risks of increased marginalization, social exclusion and geographical isolation. The country office continues to monitor and report on the impact of COVID-19 on vulnerable groups and has produced a thematic paper on the situation for the United Nations country team. 12. The OHCHR office in Colombia advised the Government on incorporating a rightsbased approach into the formulation of Decree 546, which sets out measures for substituting prison sentences and imprisonment for home detention in the context of the state of emergency declared due to the COVID-19 pandemic. As a result, the government decree contains the recognition of the right of indigenous peoples to apply indigenous justice systems, as established in the Constitution of Colombia. 13. Similarly, the United Nations Joint Human Rights Office in the Democratic Republic of the Congo, as well as the OHCHR office in Honduras and its office in Guatemala, have been continuously monitoring the human rights situation of indigenous peoples during the pandemic. To positively shape the response of Honduras to COVID-19, the OHCHR office in Honduras recommended specific measures for the protection of indigenous peoples during the pandemic, in areas such as access to food, good quality water and medical supplies, 2 See, for example, www.ohchr.org/EN/NewsEvents/Pages/DisplayNews.aspx?NewsID=25893& LangID=E and www.un.org/development/desa/indigenouspeoples/news/2020/04/chair-message-oncovid-19/. 3

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