The Indigenous World 2023: The Inter-American Human Rights System (IAHRS)
The Inter-American Human Rights System (IAHRS) comprises two human rights bodies: the Inter-American Commission on Human Rights (IACHR or the Commission) and the Inter-American Court of Human Rights (IACHR Court). Both bodies work to promote and protect human rights in the Americas. The IACHR is composed of seven independent members and two independent special rapporteurs, and is based in Washington, D.C., United States. The Court is composed of seven judges and is based in San José, Costa Rica.
In 1990, the IACHR created the Rapporteurship on the Rights of Indigenous Peoples in order to give attention to the Indigenous Peoples of the hemisphere, as well as to strengthen, promote and systematize the work that the Commission itself carries out in this regard. To this end, the IACHR uses a variety of instruments, such as thematic studies and reports; petitions and cases, including friendly settlements; precautionary measures; thematic hearings; confidential requests for information from States; and press releases. The Rapporteurship also participates in conferences and seminars organized by States, academic institutions and civil society. The Inter-American Court, on the other hand, issues advisory opinions and judgements, among other things.
This article is part of the 37th edition of The Indigenous World, a yearly overview produced by IWGIA that serves to document and report on the developments Indigenous Peoples have experienced. The photo above is of an Indigenous person in Tanzania. This photo was taken by Geneviève Rose, and is the cover of the Indigenous World 2023 where this article is featured. Find the Indigenous World 2023 in full here.
The following sets out some of the main activities undertaken during 2022 by the IACHR in relation to the rights of Indigenous Peoples.
I. Thematic reports and Strategic Plan 2023-2027
The IACHR did not publish a thematic report on the rights of Indigenous Peoples during 2022. At its 185th Session, the Commission unanimously approved its new Strategic Plan for the period 2023-2027. This is the main institutional instrument for managing and contributing to the hemisphere's human rights challenges. It was prepared on the basis of a collaborative process with the broad participation of representatives of States and civil society, from whom relevant and strategic suggestions were received. The plan will act as a guide, establishing the priority actions and themes for the next five years and placing people and their rights at the heart of the Commission's mandate.[1]
With regard to the rights of Indigenous Peoples and the work of its thematic Rapporteurship, the Strategic Plan notes the persistence of challenges in achieving greater respect for and practical and effective exercise of the right to their self-determination, their political status and their economic, social and cultural development. At the same time, they continue to face difficulties in protecting their lands, territories and natural resources and in gaining respect for their representative authorities and their decision-making processes. In addition, violence against and criminalization of Indigenous leaders for defending their territories has intensified. Added to this are the differential impacts of the COVID-19 pandemic and climate change on the rights of Indigenous Peoples.[2]
For the 2023-2027 period, the Rapporteurship on the Rights of Indigenous Peoples therefore proposes continuing a strategy of i) promoting the human rights of Indigenous Peoples to life, personal integrity, culture, lands, territories and natural resources; ii) promoting and strengthening inter-American standards on the right to self-determination, in particular those related to autonomy and self-government, own systems of justice, jurisdiction, security and protection, own development priorities, and Free, Prior and Informed Consultation (FPIC) and consent, including own autonomous protocols for consultation and consent; and iii) protecting the rights of Indigenous Peoples in the context of the effects of climate change and promoting their leadership to develop responses to combat and mitigate these effects and protect the environment in general.[3]
II. Public hearings During the sessions held in 2022, the following hearings addressed Indigenous Peoples’ issues.
183rd Session[4]
During the 183rd Session, a hearing was held on the Situation of the human rights of Indigenous Peoples in the context of extractive activities in Bolivia. The IACHR received information on the effects of mercury contamination on the health, life, food and healthy environment of Indigenous communities in Bolivia, as the State is failing to adequately regulate the use and importation of mercury. The petitioners highlighted the differential impact on women, children and adolescents. During the hearing, the State reported on existing measures for preventing the impacts of mercury, and expressed its willingness to regulate its use and ensure the responsible disposal of toxic substances in accordance with the Minamata Convention on mercury. For its part, the IACHR reiterated the importance of the State adopting a National Plan of Action for the control of and attention to damage deriving from mercury in light of its international obligations. It also stressed a duty to ensure that extractive activities are carried out with respect for human rights, including prior consultation and the direct participation of women in all processes, as well as culturally-appropriate reparations for those communities affected.
During the same session, the hearing on Case 13,641 was also held: Peasant Communities and Peasant Patrols of the Provinces of Celendín, Hualgayoc-Bambamarca v. Peru. The case deals with allegations arising over more than two decades in relation to the gold mining concessions of the Yanacocha company, which is developing the Conga project without prior consultation or consent of peasant communities and peasant patrols in the department of Cajamarca, and whose territories are located in the area in question. A member of a peasant patrol testified to the effects of the project and the risks to his livelihood. The UN Special Rapporteur on the rights of Indigenous Peoples testified as an expert witness and indicated that the peasant patrols are a form of Indigenous Peoples’ organization. For its part, the State alleged that the petitioners should have previously sought, through administrative and judicial means, to be identified as Indigenous Peoples in order to be consulted. It maintained that the peasant patrols were different forms of social organization deriving from the rural environment. After asking several questions of the declarants and the parties, the IACHR emphasized that it would continue to analyse the merits of the case and would adopt a report on the case in due course.
A hearing was also held on the Situation of public policies on business and human rights in Peru. At the hearing, Indigenous Peoples' organizations pointed out that the National Action Plan on Business and Human Rights had been approved without prior consultation and that their contributions had not been reflected in it, in particular aspects referring to consultation and consent, territorial ownership, food sovereignty and Indigenous jurisdiction. In addition, they denounced the State's poor oversight of mining and oil activities, which they hold responsible for the contamination of water, land and air. Finally, they denounced the criminalization and persecution of human rights and environmental defenders. For its part, the State stated that the National Action Plan on Business and Human Rights and the request for this hearing demonstrated its political will to seek solutions to these problems. It also underscored the openness of the authorities to receiving comments, recommendations and technical assistance for the implementation of this initiative. The Commission highlighted the right to participate in the design and implementation of public policies, recalled the recommendations in its report on Business and Human Rights and made its technical assistance tools available to the parties with regard to this initiative.
During the same period of sessions, a hearing was held on the Situation of forced evictions and agrarian policies in Paraguay, in which the petitioning organizations denounced human rights violations against Indigenous Peoples and peasant communities. They pointed out that the legislation increases the penalties for property invasion and acts of violence in the context of evictions, which have included the destruction of crops, homes, schools and ancestral spaces. They denounced the fact the evictions are carried out without taking into account the existence of titles in favour of the Indigenous communities. Meanwhile, the State indicated that the invasion of property is classified in the legal system in order to safeguard public order. It also reported that members of Indigenous Peoples are provided with legal assistance and that there are priority social programmes for Indigenous communities. For its part, the IACHR highlighted the need to address the land tenure issue through dialogue between the State and civil society and the affected communities.
184th Session[5]
At the184th session, the hearing on Case 13,572 was held: Mashco Piro, Yora and Amahuanca villages v. Peru. This relates to a petition presented on behalf of these peoples who are living in voluntary isolation and initial contact in the regions of Madre de Dios, Cusco and Ucayali. The petition alleged that the Peruvian State had not provided full guarantees for the integrity of their territory, lands and natural resources, which poses a serious risk to their survival and physical, spiritual and cultural integrity. The declarant proposed by the petitioner explained the risks and threats faced by the Mashco Piro, Yora and Amahuanca peoples, the impact on the no-contact principle and the consequences of the presence of third parties on their territory. For its part, the declarant proposed by the State spoke of the policies and actions implemented by the Ministry of Culture for the protection of Indigenous Peoples in isolation and initial contact, related to territorial protection, the approval of specific regulations, the creation of Indigenous reserves, and the process of re-classification of the Madre de Dios territorial reserve. The IACHR asked the declarants and the parties about the process of recognizing and classifying the territories for Indigenous Peoples in voluntary isolation/initial contact as Indigenous reserves and their intangible nature. The IACHR will continue to consider the merits of the case and will adopt its report in due course.
185th Session[6]
During the 185th session, the hearing on Ecuador: Social Protests and Indigenous Peoples was held, focusing on the causes behind the social protests that began in June 2022. The organizations and representatives of the Indigenous Peoples highlighted the structural causes of the protests, related to inequality, poverty and the absence of policies developed with popular participation. They also denounced the criminalization and stigmatization of people who participated in the demonstrations. For its part, the State provided information on the aforementioned structural situations, the status of the roundtables set up to discuss the demands of the Indigenous Peoples, and the follow-up to the agreements reached after the protests. It also highlighted the public policies adopted in favour of Indigenous Peoples and expressed its commitment to comply with Inter-American standards and the recommendations of the IACHR. The IACHR emphasized the importance of maintaining dialogue as a requirement for the adoption of public policies and of the consultation and consent of Indigenous Peoples with respect of extractive activities. Finally, it reiterated its commitment to continue monitoring the situation of Indigenous Peoples in Ecuador.
During the same session, a hearing was held on Brazil: the human rights of Indigenous Peoples, which denounced the scaling up of violence against Indigenous Peoples and serious setbacks in their rights due to delays in the demarcation processes, the bills before Congress and the legal thesis of the so-called “temporary framework”. The Indigenous organizations reported on the invasion of their lands by illegal miners and loggers, violence and criminalization by landowners and other third parties, and the precarious situation of their economic, social, cultural and environmental rights. For its part, the State highlighted measures in favour of Indigenous Peoples, including programmes in the areas of health, development and women's rights. During the hearing, the IACHR highlighted the importance of recognizing the rights of Indigenous Peoples, the demarcation of their territories and the realization of their rights to consultation and self-determination. It also asked about the actions taken to implement the precautionary measures granted in favour of Indigenous Peoples, and to prevent, investigate and punish acts of violence against them, including sexual violence against Indigenous women and girls.
The hearing on United States: Indigenous Peoples and Forced Displacement in the Context of Climate Change was also held in which representatives of Indigenous Peoples and organizations from the states of Louisiana and Alaska denounced the lack of effective action at the federal and state levels to address the impacts of climate change and extractive projects on their ancestral territories. For its part, the State recognized the challenges of climate change for Indigenous Peoples and expressed its commitment to their right to self-determination. It also reported on measures adopted by the federal administration to guarantee prior consultation for projects with impacts on Indigenous Peoples, as well as investments in water infrastructure, the relocation of communities and resilience in the face of climate change. The IACHR highlighted the importance of guaranteeing prior consultation with regard to all federal projects so as to involve communities and effectively mitigate the differential environmental impacts they face from extractive industries, climate change and historical discrimination.
III. Precautionary measures
On 1 February 2022, the IACHR granted precautionary measure MC 858-21 in favour of the families of the Río Murindó and Río Chageradó Reservations of the Embera Eyábida Indigenous people in Colombia. The precautionary measure was requested due to the risk in which the beneficiaries find themselves as their original lands are being occupied by armed groups who are carrying out acts of violence, aggression, harassment, displacement and even murder. The IACHR requested that the State of Colombia adopt the necessary and culturally-appropriate measures to safeguard the lives and personal integrity of the families of the Río Murindó and Río Chageradó Reservations and to reach agreement with the beneficiaries and/or their representatives on the measures to be adopted.[7]
On 13 February 2022, the IACHR decided to extend precautionary measures in favour of Indigenous persons from the Musawas, Suniwas and Wilú communities of the Mayangna Sauni As territory in the Autonomous Region of the Northern Caribbean Coast, Nicaragua. The request was made due to threats, intimidation and violence against the inhabitants of these communities in a context in which land titling processes are still pending due to the presence of settlers on Indigenous territories. The IACHR requested that Nicaragua adopt the necessary and culturally-appropriate measures to safeguard the lives and personal privacy of the Indigenous people of these communities and agree on the measures to be implemented with the beneficiaries and their representatives.[8]
On 2 October 2022, the IACHR granted precautionary measures in favour of members of the Guapoy's community of the Guaraní Kaiowá Indigenous people in Brazil. The members of this community are facing a serious and urgent risk of irreparable damage to their rights as they have been subjected to acts of violence in the context of disputes over land ownership in the region and the murder of two Indigenous people who are proposed beneficiaries. Despite some actions taken by the State, the IACHR observed that the petitioners had reported new acts indicating an increase in violence against the community. The precautionary measures requested from the State of Brazil included the adoption of necessary and culturally-appropriate measures to protect the lives and personal integrity of members of the Guapoy's community of the Guaraní Kaiowá Indigenous people, particularly in relation to acts of risk attributable to third parties, among others.[9]
On 27 October 2022, the Inter-American Commission extended precautionary measure MC 449-22[10] in favour of 11 members of the União dos Povos Indígenas do Vale de Javari (UNIVAJA) in Brazil, who are facing risk due to their work to protect the Indigenous Peoples of the Javari Valley and their territory, as well as their direct participation in the search for the initial beneficiaries of this precautionary measure, Bruno Araújo Pereira and Dom Phillips, and their demand for justice for their murders. Due to the serious and urgent situation of the 11 persons identified, the IACHR requested that Brazil adopt the necessary measures to protect their lives and personal integrity, taking into consideration the cultural relevance of the measures adopted, and ensure that they can continue to carry out their work to defend human rights without being subjected to threats, harassment or acts of violence in the exercise of their duties, among others.[11]
On 11 December 2022, the Inter-American Commission granted precautionary measures in favour of Jhon Anderson Ipia Bibu, Indigenous leader, political coordinator and ethno-educator of the Nasa people of the Kwe'sx Yu Kiwe Indigenous Reservation due to the risk he is facing as a result of various threats and harassment by illegal armed groups, as well as having been shot by a firearm. Notwithstanding the actions taken by the State, the IACHR observed the ongoing threats from illegal armed groups and the inadequacy of the protection measures adopted by the State. The IACHR decided to grant the precautionary measure and requested that the State of Colombia adopt the necessary measures, with the corresponding ethnic approach, to protect the right to life and personal integrity of Jhon Anderson Ipia Bubu, as well as the necessary protection measures so that he can continue exercising his Indigenous leadership without being subjected to threats, intimidation, harassment or acts of violence, among others.[12]
IV. Petitions and cases
Admissibility reports
On 17 May 2022, the IACHR approved the admissibility report relating to the petition on behalf of the Kofán de Santa Rosa del Guamuez Indigenous community with respect of Colombia. The petition alleged the international responsibility of the Colombian State for violating the community's human rights due to the failure to consult on the construction of a military base in their territory; the failure to consult on the construction of works for the expansion of a pre-existing road in their territory; and the failure to guarantee the effective enjoyment and possession of their ancestral right by regularizing the property ownership of their reserve. The IACHR admitted the petition in relation to the rights to personal integrity, property, equality before the law, judicial protection and progressive development of economic, social, cultural and environmental rights, among other provisions of the American Convention on Human Rights.[13]
On 17 November 2022, the IACHR approved the admissibility report relating to the petition on behalf of Indigenous communities of the Maya Ixil people of Guatemala. The petitioning organizations denounced the systematic attacks against members of the Maya Ixil people perpetrated between 1982 and 1983, which they described as ethnic genocide. It is alleged that these attacks caused the death of 1,771 people belonging to the Ixil people, and included massacres, sexual violence against women and girls, acts of torture and forced disappearances, as well as the forced displacement of communities from their ancestral territory. They also denounced the impunity surrounding these events after more than 30 years. The IACHR admitted the petition in relation to provisions of the American Convention relating to the rights to life, personal integrity, prohibition of slavery and servitude, personal liberty, and judicial guarantees, among others; as well as provisions of the Inter-American Convention to Prevent and Punish Torture, the Inter-American Convention on Forced Disappearance of Persons and the Inter-American Convention on the Prevention, Punishment and Eradication of Violence against Women (Convention of Belém do Pará).[14]
Cases referred to the Inter-American Court of Human Rights
On 5 January 2022, the IACHR referred the case of the Quilombola Communities of Alcântara with respect of Brazil to the Inter-American Court. This relates to the collective property of 152 communities affected by a failure to issue land titles, the installation of an aerospace base without due consultation and prior consent, the expropriation of their lands and territories, and the lack of judicial recourse to remedy the situation. The Commission concluded that the State was responsible for the violation of rights to personal integrity, judicial guarantees, freedom of expression and association, property, economic, social and cultural rights, among other rights recognized in the American Convention on Human Rights and the American Declaration of the Rights and Duties of Man. The IACHR recommended that Brazil, among other things: delimit, demarcate and title the ancestral territory of the Quilombola communities of Alcântara, guaranteeing them secure tenure in accordance with recognized boundaries and in accordance with their cultural identity, social structure, economic system, customs, beliefs and distinctive traditions, and adopt measures so that the alternative lands currently occupied by the resettled communities are able to guarantee their self-determination and the right to peacefully live their traditional way of life.[15]
Leonardo J. Alvarado, M.A., J.D., L.L.M. is a lawyer and expert in international law on the rights of Indigenous Peoples. He is currently working as a specialist lawyer in the Office of the Rapporteurship on the Rights of Indigenous Peoples of the Inter-American Commission on Human Rights.[16]
This article is part of the 37th edition of The Indigenous World, a yearly overview produced by IWGIA that serves to document and report on the developments Indigenous Peoples have experienced. The photo above is of an Indigenous person in Tanzania. This photo was taken by Geneviève Rose, and is the cover of the Indigenous World 2023 where this article is featured. Find the Indigenous World 2023 in full here.
Notes and references
[1] IACHR. Press Release 257/22, “IACHR Ends 185th Session with Approval of New Strategic Plan”. IACHR, 16 November 2022. Available at: https://www.oas.org/en/iachr/jsForm/?File=/en/iachr/media_center/preleases/2022/257.asp
[2] CIDH. “Strategic Plan 2023-2027: approved by the Inter-American Commission on Human Rights during the 186 period of sessions”, OEA/Ser.L/V/II.185 Doc. 310, 31 October 2022, p. 30. Available at: https://www.oas.org/en/iachr/mandate/strategicplan/2023/StrategicPlan2023-2027.pdf
[3] IACHR. “Strategic Plan 2023-2027: approved by the Inter-American Commission on Human Rights during the 186 period of sessions”, OEA/Ser.L/V/II.185 Doc. 310, 31 October 2022, p. 30. Available at: https://www.oas.org/es/cidh/mandato/planestrategico/2023/PlanEstrategico2023-2027.pdf
[4] Section based on IACHR, Press Release 059/22, “The IACHR concludes its 183rd period of sessions”. IACHR, 22 March 2022. Available at: https://www.oas.org/en/iachr/jsForm/?File=/en/iachr/media_center/preleases/2022/059.asp
[5] Section based on IACHR, Press Release 148/22, "IACHR Completes 184th Period of Sessions with 15 Public Hearings on Human Rights in the Americas.” IACHR, 29 June 2022. Available at: https://www.oas.org/en/iachr/jsForm/?File=/en/iachr/media_center/preleases/2022/148.asp
[6] Section based on IACHR, Press Release 257/22, “IACHR Ends 185th Session with Approval of New Strategic Plan”. IACHR, 16 November 2022. Available at: https://www.oas.org/en/iachr/jsForm/?File=/en/iachr/media_center/preleases/2022/257.asp
[7] IACHR. Precautionary Measure No. 858-21, Families of the Río Murindó and Río Chageradó Reservations of the Embera Eyábida Indigenous People of Colombia. IACHR, 1 February 2022. Available at: https://www.oas.org/es/cidh/decisiones/mc/2022/res_5-22_mc_858-21_co_es.pdf
[8] IACHR. Precautionary Measure No. 505-15, Indigenous Peoples of the Musawas, Suniwas and Wilú Communities of the Mayangna Sauni As Territory in the Autonomous Region of the Northern Caribbean Coast with respect of Nicaragua. IACHR, 13 February 2022. Available at: https://www.oas.org/es/cidh/decisiones/mc/2022/res_9-22_mc_505-15_ni_es.pdf
[9] IACHR. Precautionary Measure No. 517-22, Members of the Guapoy’s community of the Guaraní Kaiowá Indigenous People with respect of Brazil. IACHR, 2 October 2022. Available at: https://www.oas.org/es/cidh/decisiones/mc/2022/res_50-22_mc_517-22_br_es.pdf
[10] IACHR. Precautionary measure No. 449-22, Bruno Araújo and Dom Phillips with respect of Brazil. IACHR, 11 June 2022. Available at: https://www.oas.org/es/cidh/decisiones/mc/2022/res_24-2022.%20mc-449-22-br%20otorgamiento%20directo_t.d_vf_es.pdf. The precautionary measure was granted in favour of Brazilian Indigenous rights expert and advocate Bruno Araújo Pereira and British journalist Dom Phillips, who disappeared in June 2022 while traveling through the Indigenous lands of the Javari Valley to document the situation of the Indigenous Peoples in that region. Both were later confirmed dead.
[11] IACHR. Precautionary Measures No. 449-22, Identified members of the União dos Povos Indígenas do Vale de Javari (UNIVAJA). IACHR, 27 October 2022. Available at: https://www.oas.org/es/cidh/decisiones/mc/2022/res_59-22_mc_449-22_es.pdf
[12] IACHR. Precautionary Measures No. 822-22, Jhon Anderson Ipia Bubu with respect of Colombia. IACHR, 11 December 2022. Available at: https://www.oas.org/es/cidh/decisiones/mc/2022/res_70-22_mc_822-22_co_es.pdf
[13] IACHR. Report No. 115/22. Petition 162-13. Admissibility. Kofán Indigenous community of Santa Rosa del Guamuez and its members. Colombia. IACHR, 17 May 2022. Available at: https://www.oas.org/es/cidh/decisiones/2022/CO%20165-13%20Comunidad%20indigena%20Kofan%20de%20Santa%20Rosa%20del%20Guamuez%20ADM%20ESP_FINAL%20WEB.pdf
[14] IACHR. Report No. 307/22. Petition 1784-13. Admissibility. Indigenous Communities of the Maya Ixil People. Guatemala. IACHR, 17 November 2022. Available at: https://www.oas.org/es/cidh/decisiones/2022/GTAD_1784-13_ES.PDF
[15] IACHR. “IACHR Takes to Inter-American Court of Human Rights Case Involving the Collective Property of Alcântara's Quilombola Communities, With Regard to Brazil“, Press Release. IACHR, 12 January 2022. Available at: https://www.oas.org/en/iachr/jsForm/?File=/en/iachr/media_center/preleases/2022/013.asp
[16] The compilation in this document is the sole responsibility of the author and does not constitute a work carried out within the context of his role within the IACHR.
Tags: Global governance, Human rights, IWGIA
