A/HRC/42/19
21.
Members of the open-ended intergovernmental working group on transnational
corporations and other business enterprises with respect to human rights met with
indigenous representatives affected by business operations during their visit to Kenya in
July 2018. Concerns were raised regarding the specific situation of indigenous peoples and
the absence of protection measures vis-à-vis their distinctive relationships with land and
natural resources. The working group noted that no specific provision existed for
consultation with indigenous peoples.
22.
In April 2019, the Working Group on the use of mercenaries as a means of violating
human rights and impeding the exercise of the rights of peoples to self-determination
convened two expert consultations on the gender dimension of the private military and
security industry and the extractive industries. Women from indigenous communities and in
particular indigenous women human rights defenders were identified as specific at-risk
groups during those meetings.
C.
Land rights
23.
In many States, indigenous land rights are still not recognized or inadequately
recognized, hindering the enjoyment of indigenous peoples of their right to development
and control over their traditional lands, territories and resources.
24.
In February 2019, the OHCHR presence in Kenya attended a meeting of the task
force set up by the Government and mandated to implement the landmark ruling of the
African Court on Human and Peoples’ Rights in the case involving the Ogiek peoples.
OHCHR provided the task force with an overview of the specific recommendations from
the various human rights mechanisms relevant to the mandate of the task force, including
communications from special procedures mandate holders. In May 2018, the OHCHR
presence in Kenya also provided support to the Kenya National Commission on Human
Rights in drafting a report to the Minister of Environment on the evictions that have taken
place in the Embobut forest over the past years, affecting the Sengwer community and other
forest dwellers. OHCHR helped to ensure that the report included key recommendations
and concluding observations from human rights mechanisms relevant to the protection of
the rights of the forest dwellers.
25.
In coordination with the United Nations system, the OHCHR office in Guatemala
monitored the humanitarian situation of displaced communities, most of whom were
indigenous peoples, supporting the Presidential Commission for the Coordination of
Human Rights Policy, the Office of the Attorney General, the National Civil Police and the
Office of the Ombudsperson in developing protocols on evictions. In addition, it trained
members of civil society on strategic litigation related to land, territory and the environment,
focusing on the rights of indigenous women. In the context of phase III of the Maya
programme, the country office also provided support for the implementation of several
judgments of the Constitutional Court related to the collective tenure of rights over land.
26.
During the reporting period, the OHCHR office in Colombia concluded a process of
reviewing the status of formalizing the ancestral and most recent possession of territories of
15 indigenous Putumayo peoples on the border with Ecuador. There are currently 11
requests for titling and extension of indigenous collective territories that have been pending
for more than 15 years. In that context, the country office provided technical assistance to
the indigenous peoples of Putumayo concerned on a special protection mechanism entitled
“the ethnic protection route”. It also supported a formal request for the protection of
indigenous peoples through that mechanism to the Ministry of the Interior, the National
Land Agency and the Land Restitution Unit in May 2019.
27.
In February 2019, the OHCHR office in Mexico held a meeting with the President
of the Indigenous Peoples’ Commission of the Senate to discuss a legislative agenda for
indigenous peoples, stressing the importance of recognizing them as collective rights
holders and of consulting with them and guaranteeing their participation in any discussion
of legislation related to issues that might affect them, particularly on their rights to land and
territory.
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