A/HRC/42/19
victims of genocide and crimes against humanity. The OHCHR office in Guatemala
attended all the hearings and played a key role in guaranteeing the protection of the victims,
complainants, judges and prosecutors involved.
45.
The OHCHR office in Honduras monitored State institutional responses to particular
instances of human rights violations by the security forces, for example in the Miskito
community of Warunta, where three unarmed Miskito men were killed during a military
operation in May 2019. The country office obtained testimonies from the widows and
mothers of the victims and accompanied them in their meetings with the State authorities in
Tegucigalpa. The country office also monitored the legal prosecution of one member of the
military police on trial for the three deaths.
46.
The OHCHR office in Mexico took action on access to justice for indigenous
peoples in situations of detention. One example concerned an indigenous woman migrant
from Guatemala, detained in 2014, who had been obliged to sign a self-incriminating
statement without being able to understand the charges against her, since she did not speak
Spanish and was not provided with an interpreter. The country office assisted the victim
and her family in their interactions with the prison authorities in order to guarantee her
physical integrity. As a result, the victim was given access to an interpreter and was able to
give her version of events before the public prosecutor.
47.
In another emblematic case, the OHCHR office in Mexico received information on
possible violations of due process in the case of six indigenous defenders of the Tlanixco
community in the State of Mexico, who were criminalized in the context of their defence of
their right to water. The mediation facilitated by the country office was decisive in
obtaining the liberation of the defenders after between 13 and 15 years of detention. That
was achieved by documenting the case, meeting with the relevant authorities, issuing a
comprehensive press release and developing a media strategy on social networks, including
a video showing interviews with the six defenders. As a result, the federal authorities took
an interest in the case, the defenders were released and the charges against them dropped.
48.
At the request of Mapuche people deprived of their liberty in the regional detention
centre of Temuco, Chile, the OHCHR Regional Office for South America, together with the
national human rights institution, provided technical assistance to the penitentiary
authorities to ensure that their regulations were culturally relevant for indigenous detainees.
In 2019, the Regional Office organized an international seminar on anti-terrorism
legislation and human rights standards in Temuco for judges, prosecutors, public defenders
and academics.
49.
During the period under review, the Subcommittee on Prevention of Torture
recommended that (a) States ensure that the rights to defence of indigenous persons were
respected and that information concerning their detention and their right to use their own
language were duly protected and (b) States take into account the culture and the economic
and employment situation of indigenous persons when ordering precautionary measures
(CAT/OP/BOL/3, para. 111).
50.
In concluding observations, the Committee against Torture expressed concerns over
cases of violence against indigenous populations, the high rate of incarceration and
overrepresentation in prison and gender-based violence, including forced or coerced
sterilization (see CAT/C/CHL/CO/6 and CAT/C/CAN/CO/7).
G.
Social and cultural rights of indigenous peoples
51.
During the period under review, the OHCHR office in Cambodia supported three
Kuoy communities in Kampong Thom province, two Poar villages in Pursat province and
one Chong community in Koh Kong province in obtaining recognition of their identity as
indigenous peoples from the Ministry of Rural Development, a prerequisite for starting a
community land titling process. It also supported two Bunong communities to register as a
legal entity with the Ministry of the Interior. The country office also provided assistance to
four Charai and Kreung communities to achieve recognition of their indigenous identity by
the Ministry of Rural Development.
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