The Indigenous World 2026: The Inter-American Commission on Human Rights (IACHR) in relation to the Rights of Indigenous Peoples

Written on 22 April 2026. Posted in The Inter-American Human Rights System (IAHRS)

The Inter-American Commission on Human Rights (IACHR) is a principal and autonomous body of the Organization of American States (OAS) responsible for promoting and protecting human rights in the Americas. It has created thematic rapporteurships with the aim of providing attention to certain groups, communities and peoples who are particularly exposed to human rights violations due to their vulnerable situation and the historical discrimination they have suffered. In 1990, it created the Rapporteurship on the Rights of Indigenous Peoples with the aim of addressing the situation of Indigenous Peoples and strengthening the work in defence of their rights within the Inter-American system.

Since the 1980s, the Commission has systematically addressed Indigenous rights through reports, precautionary measures and cases before the Inter-American Court. It has emphasized the importance of protecting their territories, as their relationship with the land is fundamental to their economic, social and cultural development. In addition, human rights protection bodies have made progress in recognizing the collective rights of these peoples through progressive jurisprudence.

This article is part of the 40^th edition of The Indigenous World, a yearly overview produced by IWGIA that serves to document and report on the developments Indigenous Peoples have experienced. Find The Indigenous World 2026 in full here

During 2025, the Inter-American Commission on Human Rights (IACHR) continued its work to promote and protect the rights of Indigenous Peoples in the Americas. Through press releases, precautionary measures, public hearings and visits, as well as constant monitoring of the human rights situation of Indigenous Peoples, the IACHR took note of and documented advances in, and violations of, their rights and urged States to comply with their international obligations.

Press releases

Guatemala:^[1] the IACHR rejected the criminal proceedings brought by the Guatemalan Public Prosecutor's Office against the Indigenous authorities who peacefully led the 2023 demonstration in defence of the election results, following the arrest of Luis Haroldo Pacheco and Héctor Manuel Chaclán and the issuing of other arrest warrants. The Commission warned that these actions form part of a pattern of instrumentalizing criminal law for political purposes, characterized by the use of ambiguous criminal charges, court secrecy and the abuse of preventive detention, thus demonstrating the lack of independence of the Public Prosecutor's Office and deepening the institutional crisis. The IACHR recalled that the Indigenous protests were decisive in preserving democracy, stressed that the right to protest and peaceful assembly is essential in a democratic State, and called on the State to ensure the accountability of the Public Prosecutor's Office and respect for the rights of Indigenous Peoples, including their right to self-determination without fear of criminalization.

Colombia:^[2] the IACHR welcomed the enactment of Decree 488 of 05 May 2025 in Colombia, which regulates the functioning of Indigenous territories and creates Indigenous Territorial Entities (ETI) as their own political-administrative structures, with powers in health, education, Indigenous justice, territorial and environmental management, as well as mechanisms for autonomous financing and planning. The Commission highlighted that the decree constitutes significant progress in guaranteeing the right to self-determination, recognized in Inter-American standards, by strengthening self-government and the protection of cultural identity, including cultural objections to projects that affect their ways of life. It also urged the State to ensure effective implementation, with adequate resources and safeguards against possible setbacks.

Panama:^[3] the Commission expressed concern at the social unrest in Panama in the context of the protests against Law 462 and the declaration of a state of emergency in Bocas del Toro, urging the State to guarantee judicial safeguards, proportionality in the use of force and respect for rights such as freedom of expression and access to information, including during states of emergency. With regard to Indigenous Peoples, the IACHR highlighted that communities such as the Ngäbe-Buglé, Guna Yala and Arimae have suffered different impacts, including reported evictions, arbitrary detentions, excessive use of force and stigmatization of Indigenous leaders, in a context of complaints also linked to the lack of free, prior and informed consultation on extractive projects in their territories. The Commission called for the strengthening of a genuine, inclusive and culturally-appropriate dialogue that recognizes the self-determination of Indigenous Peoples and their own forms of representation, and reiterated that social protest must be guaranteed in accordance with Inter-American standards.

In the context of International Day of the World’s Indigenous Peoples,^[4] the IACHR and the Special Rapporteurship on Economic, Social, Cultural and Environmental Rights issued an urgent call to the continent’s States to protect the rights of Indigenous Peoples from the impacts of extractive industries, including projects linked to the energy transition. The Commission warned of the expansion of initiatives declared to be in the “public interest” or “national interest” that limit debate on their real effects on Indigenous territories, as well as patterns of criminalization, misuse of criminal law, and violence against human rights and territorial defenders. In particular, it highlighted that these measures are often accompanied by the intervention of security forces, forced evictions and episodes of social conflict, in which forms of gender-based violence affecting women, adolescents and girls in particular, are intensified. It recalled that States must guarantee self-determination, collective ownership, consultation and free, prior and informed consent (FPIC), conduct independent impact assessments, ensure benefit-sharing and adequately supervise companies in accordance with Inter-American standards and the UN Guiding Principles. It reiterated that development cannot be justified at the expense of the rights of Indigenous Peoples and reaffirmed its willingness to support States and communities in fulfilling their international obligations.

In commemoration of the International Day of Indigenous Women,^[5] the IACHR urged States to adopt urgent measures to prevent maternal mortality among Indigenous women, who face up to three times the risk of dying during childbirth due to structural inequalities in access to education, information, and sexual and reproductive health services. The Commission emphasized that these gaps are exacerbated by factors such as language, age, disability, socioeconomic status and mobility, or geographic location, and warned of risks such as sexually-transmitted infections, unwanted pregnancies, obstetric violence and forced sterilizations. It recalled that, in accordance with the Convention of Belém do Pará and the American Declaration on the Rights of Indigenous Peoples, States must guarantee access to information and services, and this must incorporate intercultural and gender approaches, ensure consultation processes with Indigenous women, and respect traditions and beliefs.

Precautionary measures

During 2025, the IACHR granted precautionary measures^[6] related to the rights of the Colombia’s Indigenous Peoples in favour of members of the Governing Board of CONPAZCOL (Afro-descendant, Indigenous and Peasant Communities Building Peace in Colombia). The IACHR considered that they were facing a serious and urgent situation, with irreparable risk to their lives and personal integrity due to their work as human rights defenders in contexts affected by the armed conflict. In 2025, they were reportedly subjected to persistent threats, surveillance, harassment and armed violence. Although the State reported on preventive actions, the Commission determined that these were insufficient, and requested that it adopt effective and concerted measures to protect them, ensure that they can carry on their work without violence, and advance the investigation of the facts to prevent their recurrence.

Public hearings during periods of sessions

In 2025, the Commission held three sessions during which it conducted 11 public hearings related to protecting the rights of Indigenous Peoples on the continent.

During its 192^nd Period of Sessions,^[7] the IACHR learned about the impact on the rights of Indigenous Peoples due to the activities of extractive industries in Peru, as well as the barriers that persist in the exercise of Indigenous jurisdiction in that country. With regard to Bolivia, it held a hearing with civil society on the criminalization of environmental defenders, with particular reference to members of Indigenous Peoples.

It also held two ex officio hearings, one on Suriname and the rights of Indigenous Peoples in the face of extractive projects, and the other on Colombia in relation to the follow-up on precautionary measures for ethnic communities in the context of armed conflict.

During its 193^rd Session,^[8] the IACHR received information about policies on memory, truth and justice in relation to crimes committed against Indigenous Peoples during the dictatorship in Brazil. It also held a regional hearing to receive information provided by civil society regarding the impact of extractive industries on the rights of Indigenous Peoples in countries throughout the region.

At its 194^th Period of Sessions,^[9] the IACHR held hearings related to the situation of LGTBI Indigenous persons in Brazil, the situation of Indigenous territories in Panama, particularly in light of the social unrest and the state of emergency during the protests that occurred during the year, and on progress in and barriers to the implementation of the right to self-determination of Indigenous and Afro-Mexican Peoples in Mexico, based on their constitutional recognition. It also held a regional ex officio hearing on the recruitment of children and adolescents in contexts of violence.

Reports

• Violence against Indigenous and Afro-descendant Peoples of the Caribbean Coast in Nicaragua^[10]

In October 2025, the IACHR published the report “Violence against Indigenous and Afro-descendant Peoples of the Caribbean Coast in Nicaragua”. Taking an historical perspective dating back to the 1980s, this examines a sustained pattern of territorial dispossession, armed violence, cultural assimilation and structural discrimination that has intensified under Daniel Ortega's regime. The report documents attacks perpetrated by settlers and criminal groups with State tolerance, murders, criminalization of traditional authorities and defenders, forced displacements and serious acts of violence, in a context of militarization, impunity and dismantling of the autonomous regime. The suspension of the land regularization process since 2014 and the absolute concentration of power have exacerbated the vulnerability of these peoples, putting their physical and cultural existence at risk.

The IACHR concludes that the dispossession and violent occupation of ancestral territories directly affect the right to collective property, cultural identity and self-determination of Indigenous and Afro-descendant Peoples, whose survival depends on their spiritual, social and economic relationship with their lands. The report recalls that Nicaragua has binding international obligations –including those derived from ILO Convention 169 and Inter-American and universal instruments on the rights of Indigenous Peoples– that require it to guarantee the safe return of displaced communities, combat impunity and restore the rule of law. It also makes recommendations to the State and calls on the international community and business actors to exercise oversight and make funding conditional in order to prevent a continuation of the violations.

• The impacts of violence on the human rights situation in Colombia^[11]

In April 2024, the IACHR conducted an in loco visit to Colombia to directly observe the human rights situation in the country, with a special emphasis on citizen security, the differentiated impacts of violence and the implementation of the Peace Agreement. It held 50 meetings with government representatives and 45 meetings with civil society organizations and community leaders in the territories of Antioquia, Cauca, Chocó, La Guajira, Magdalena, Nariño, Putumayo and Valle del Cauca.

Taking a racial-ethnic approach, which runs through the entire report, the Commission offers a comprehensive analysis of the impacts of violence in Colombia from an historical, territorial and intersectional perspective, examining the persistence of the armed conflict, the expansion of illicit economies, institutional violence and the serious barriers to accessing justice, along with the structural crisis in the prison system. It highlights how inequalities rooted in colonial, racist, patriarchal and class inequalities have a differentiated impact on Indigenous Peoples, Afro-descendant and peasant communities, women, LGBTI persons, children, older persons, people with disabilities and victims of forced displacement. The report documents homicides, massacres, forced recruitment, displacement and gender-based violence, as well as territorial control exercised by armed actors, pointing to institutional weaknesses in the State’s response.

It also evaluates public peace policies, including the 2016 Peace Agreement and the Total Peace policy, identifying progress and limitations in the implementation of the Comprehensive System of Truth, Justice, Reparation and Non-Repetition, the Comprehensive Rural Reform and guarantees of participation and rights for victims. The report concludes with strategic recommendations aimed at strengthening State capacity, combating impunity, reducing structural gaps and consolidating sustainable peace with a territorial, ethnic, differential and gender-based approach, based on Inter-American standards and effective participation and accountability.

• Infographics on Indigenous Peoples’ right to self-determination

Based on the Commission's thematic report “The Right to Self-determination of Indigenous and Tribal Peoples” (2021), three infographics were developed to facilitate the dissemination of and access to its content, with the aim of making it a useful working tool for defenders and leaders of the rights of Indigenous Peoples and territories. Infographic No. 1^[12] develops general concepts related to the right to self-determination, including experiences and good practices taking place in different regions. Infographic No. 2^[13] is aimed at clarifying information on the collective ownership of Indigenous Peoples, their lands, territories and natural resources, in accordance with the Inter-American standards developed on the subject. Finally, Infographic No. 3^[14] develops the concepts of prior, free and informed consultation and consent, what each of these means and when they should be required. These infographics include regulatory and jurisprudential grounds in support of their content.

Events and visits

In 2025, the Commission carried out promotional and academic activities in fulfilment of the mandate of the Rapporteurship on the Rights of Indigenous Peoples. First, in May, co-organized with IWGIA, the International Seminar on Forced Displacement of Indigenous Communities in Latin America was held in Cartagena de Indias, Colombia. The objective of the seminar was to analyse the causes and consequences of the forced displacement of Indigenous communities in Colombia, Mexico, Guatemala and Nicaragua, the current international standards on the subject, and policies developed in the region. It consisted of a space for dialogue and discussion aimed at achieving proposals for practical solutions that could be implemented at the local and regional level. The meeting was attended by leaders of Indigenous organizations from the aforementioned countries, think tanks and human rights defenders. The Commission was represented by First Vice-President, Commissioner Andrea Pochak, and the Special Rapporteur on Economic, Social, Cultural and Environmental Rights, Javier Palummo.

In August, Commissioner Arif Bulkan, Rapporteur on the Rights of Indigenous Peoples, made a promotional visit to the states of Sao Paulo and Mato Grosso do Sul in Brazil where he gave lectures at universities on the international protection of the rights of Indigenous Peoples for Indigenous students and held dialogues and meetings with community leaders and defenders of human rights and territory. He also visited communities in their territory to learn first-hand about their situation.

In August and September, the Rapporteurship on the Rights of Indigenous Peoples conducted training sessions in the city of Santa Cruz de la Sierra, Bolivia, including the IV REPAM Human Rights School, and meetings with organizations of different Indigenous Peoples, as well as with Indigenous women's organizations, with content related to the Inter-American system for the protection of human rights in general, its objectives, tools for accessing it and the standards developed.

Mishkila Rojas is a lawyer and specialist in public policy and Indigenous Peoples' rights. She was a specialist with the Rapporteurship on the Rights of Indigenous Peoples of the Inter-American Commission on Human Rights during 2025. Contact: This email address is being protected from spambots. You need JavaScript enabled to view it.

This article is part of the 40^th edition of The Indigenous World, a yearly overview produced by IWGIA that serves to document and report on the developments Indigenous Peoples have experienced. Find The Indigenous World 2026 in full here

Notes and references

^[1] IACHR, Guatemala: IACHR condemns criminal prosecution of Indigenous leaders who defended democracy, Washington D.C., 26 April 2025.

^[2] IACHR, Colombia: IACHR welcomes decree strengthening Indigenous peoples’ right to self-determinationin Colombia, Washington D.C., 16 July 2025.

^[3] IACHR, IACHR Calls for Continued Dialogue and Respect for Rights in the Face of Social Conflict and State of Emergency in Panama Washington D.C., 11 July 2025.

^[4] IACHR, IACHR and REDESCA call for urgent respect for Indigenous Peoples’ rights amid impacts from extractive industries washington D.C., 09 August 2025.

^[5] IACHR, IACHR: IACHR: States must prevent maternal deaths among indigenous women, Washington D.C., 05 September 2025

^[6] IACHR, Mapa de medidas cautelares, available at: https://www.oas.org/es/CIDH/jsForm/?File=/es/cidh/decisiones/mc/mapa.asp (link available as of February 2026).

^[7] IACHR, IACHR concludes 192nd Period of Sessions after holding 32 human rights hearings 07 March 2025.

^[8] IACHR, IACHR completes 193rd period of sessions with 19 public hearings on human rights Washington D.C., 31 July 2025.

^[9] IACHR, IIACHR Receives Human Rights Information in 19 Regional and Country Public Hearings, Washington D.C., 21 November 2025.

^[10] IACHR, Violencia contra Pueblos Indígenas y afrodescendientes de la Costa Caribe en Nicaragua, OEA/Ser.L/V/II Doc. 149/25, 25 August 2025.

^[11] IACHR, Los impactos de la violencia sobre la situación de los derechos humanos en Colombia, OEA/Ser.L/V/II Doc. 258/25, 10 November 2025.

^[12] IACHR, Infographic 01. Right to self-determination of Indigenous and Tribal Peoples. General Concepts.

^[13] IACHR, Infographic 02. Right to self-determination of Indigenous and Tribal Peoples. Collective property, lands, territories and natural resources.

^[14] IACHR, Infographic 03. Right to self-determination of Indigenous and Tribal Peoples. Free, prior and informed consultation and consent.

Tags: Global governance