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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