A/HRC/4/37
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88.
Since May 2004 the Special Representative has sent several communications to the
Government of Chile concerning the matriarchal leader of a Mapuche community in the
municipality of Cunco de la IX Region. Both the defender and members of her family, including
her mother and grandmother in the past, have been victims of physical attacks because of her
work to defend the human rights of her community and for protesting against illegal logging. In
June 2004 her house was completely destroyed by a fire. The body of her uncle, who was the
leader of a neighbouring community, was later found in the burnt-down house, where it was
thought the body had been placed after he had been killed in another location. No investigation
has been carried out, even after the events were reported to the national police and the Regional
Prosecutor. In May 2004, the same defender, who was pregnant, was allegedly beaten by
policemen causing her to miscarriage. In August and October 2006, communications were sent
concerning the arrest of her son who has been charged under “anti-terrorism” legislation. The
Special Rapporteur on the situation of human rights and fundamental freedoms of indigenous
peoples has referred to Chile as one of the three countries where the most violations against
defenders of human rights of indigenous people are taking place, in addition to Colombia and the
Philippines.
89.
In June 2006, the Special Representative sent a communication to the Government of
China concerning the arrests and ill-treatment of the sons of a prominent defender working on
the rights of the minority Uighur community in the north-west region of Xinjiang. In
December 2006 the Special Representative sent a communication to the Government of China
concerning a Tibetan teacher and author of an unpublished manuscript entitled “The Restless
Himalayas”, which discusses political and social issues such as sovereignty, religion, history and
geography and who was planning a project addressing women’s rights in Tibet. He was
reportedly sentenced in September 2005 to 10 years’ imprisonment for “endangering State
security” and his sentence was upheld on appeal.
90.
In cases of violations of the rights of indigenous defenders, it is sometimes alleged that
private companies or landholders are responsible for attacks or threats against the defender(s).
91.
Defenders from indigenous groups, in particular in some countries in Latin America and
Asia, are vulnerable to serious attacks and killings. In the large majority of the cases where
defenders from indigenous or minority groups have been killed, no investigation has been carried
out by the authorities.
92.
In February 2005, the Special Representative transmitted a communication to the
Government of Honduras concerning members of the Indigenous Council of the Olominas
Community who were attacked by armed men. One defender was killed and death threats were
later made to the surviving defenders and thereby witnesses to the killing.
B. Defending the rights of lesbian, gay, bisexual, transgender
and intersex persons
93.
Both ICESCR (art. 2 (2)) and ICCPR (art. 2 (1)) contain non-discrimination clauses, and
article 7 of the Declaration on Human Rights Defenders specifically provides that “everyone has
the right, individually and in association with others to develop and discuss new human rights
ideas and principles and to advocate their acceptance”. The 1993 Vienna Declaration and
Programme of Action confirmed that “(a)ll human rights are universal, indivisible and
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