The Indigenous World 2023: UN Special Rapporteur on the Rights of Indigenous Peoples

Written on 30 March 2023. Posted in UN Special Rapporteur on the Rights of Indigenous Peoples

The Special Rapporteur on the rights of Indigenous Peoples is one of the 59 “special procedures” of the United Nations Human Rights Council. The special procedures are independent human rights experts with mandates to report and advise on human rights from a thematic or country-specific perspective.

The Special Rapporteur has a mandate to promote the United Nations Declaration on the Rights of Indigenous Peoples (UNDRIP) and relevant international human rights instruments; to examine ways and means of overcoming existing obstacles to the full and effective protection of the rights of Indigenous Peoples; to promote best practice; to gather and exchange information from all relevant sources on violations of the human rights of Indigenous Peoples; and to formulate recommendations and proposals on measures and activities to prevent and remedy violations of those rights.^[1]

This article is part of the 37^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. 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.

On 1 May 2020, Mr. José Francisco Calí Tzay from Guatemala, a former member of the Committee on the Elimination of Racial Discrimination, assumed the mandate of the Special Rapporteur on the rights of Indigenous Peoples.

During 2022, the Rapporteur continued to carry out work within the principal mandated areas: the promotion of good practices; responding to specific cases of alleged human rights violations; conducting thematic studies; undertaking country visits; and making recommendations to governments and other actors.

2022 thematic studies

Each year, the Rapporteur presents two thematic reports, one to the Human Rights Council and one to the General Assembly.

The thematic study submitted to the Human Rights Council in September 2022 focused on the role of Indigenous women and the development, application, preservation and transmission of scientific and technical knowledge (A/HRC/51/28).^[2] In March, the Rapporteur organized a virtual consultation to inform his report, on the occasion of which he collected 38 oral and written submissions from Indigenous participants.

The report highlights how Indigenous women are custodians of vital knowledge spanning diverse realms, including food and agriculture, health and medicine, natural resource management, language, crafts and spiritual practices. Their knowledge is acquired on the basis of observations refined through practices that have been passed down generations of Indigenous Peoples, and it is critical to maintaining cultural identity; managing the risks and impacts of climate change; protecting biodiversity; achieving sustainable development; and building resilience in the face of pandemics and other extreme events.

The report identifies challenges to this preservation and transmission, including the critically rapid disappearance of Indigenous languages and, with them, the loss of invaluable knowledge and culture around the world, and it supports the call of Indigenous women to receive support to urgently develop, fund and implement Indigenous language education programmes to support intergenerational knowledge transmission. The lack of legal protection and intellectual property rights over Indigenous women’s knowledge has also led to cases of Indigenous art and culture being exploited for tourism and commercial gain, or the misappropriation of Indigenous knowledge of plants by pharmaceutical or agricultural companies.

The report highlights best practices by Indigenous Peoples and States to preserve and transmit Indigenous women’s knowledge, such as for example, cross-cultural women’s health initiatives. The integration of Indigenous medical practices into State-run or State-funded clinics serves the dual purpose of making medical services more available to Indigenous women and fostering the transmission and preservation of Indigenous scientific knowledge of healing practices.

The thematic report (A/77/238) presented to the General Assembly in October 2022 provided an update on the topic of protected areas, which was initially addressed in a report by his predecessor in 2016 (A/71/229).^[3] The report focuses on the obligations of States and international organizations to respect, protect, and promote Indigenous Peoples’ rights in the context of creating and maintaining protected areas. In April, the Rapporteur collected oral and written submissions from Indigenous participants to inform his report during a consultation held at the University of Arizona.

The report comments on the final negotiations at the UN Convention on Biological Diversity COP on the post-2020 global biodiversity framework, which sets a target to increase global protected areas on land and at sea to at least 30% by 2030 in order to reduce threats to biodiversity. Insufficient assurances have been provided to Indigenous Peoples that their rights will be preserved in the process. Indigenous Peoples fear a new wave of green investments without recognition of their land tenure, management and knowledge, increased restrictions on access to their lands, waters and resources, and scaled up “fortress conservation”, which has been proven to generate forced evictions, violence and killings. The report calls for the real drivers of biodiversity decline, such as industrialization, overconsumption and climate change, to be addressed, and for a genuine commitment to a human rights-based approach to conservation to be reflected in the final text of the post-2020 global biodiversity framework adopted at the 15^th COP in December 2022.

The report also provides an update on concerns about alleged Indigenous Peoples’ rights violations at or in the vicinity of several sites that have been nominated for or included on the UNESCO World Heritage List, including in Thailand, Kenya, Nepal, the United Republic of Tanzania, Botswana, Namibia, Denmark/Greenland and Sweden. The inclusion of a site on the UNESCO World Heritage List essentially guarantees a sustained increase in tourism and associated economic benefits for the State and could serve, if Indigenous Peoples were effectively included in the management of such sites, to support Indigenous Peoples’ livelihoods and self-determined development.

Recent revisions to the Operational Guidelines for the Implementation of the World Heritage Convention requires State parties to adopt a human rights-based approach to the identification, nomination and management of World Heritage sites. The Guidelines also encourage States to actively promote initiatives to develop equitable governance arrangements, collaborative management and redress mechanisms for Indigenous Peoples. However, the report highlights continuing allegations of Indigenous Peoples being excluded from the nomination, declaration and management of World Heritage sites on their lands. Disrespect for Indigenous Peoples’ rights aggravates human rights violations and results in their marginalization from the management of sites.

The Operational Guidelines do not require evidence of Indigenous Peoples’ Free, Prior and Informed Consent (FPIC) for nominations affecting them. The World Heritage Committee does not allow Indigenous Peoples to participate effectively in the Committee’s decision-making on issues affecting them. In practice, Indigenous representatives cannot address the Committee until after it has already adopted decisions relating to sites.

The report calls for human rights impact assessments to be carried out together with Indigenous Peoples before nomination processes begin and for a review of the World Heritage Committee’s working methods to ensure the effective participation of Indigenous Peoples and UN human rights experts in decision-making processes affecting Indigenous Peoples – before the Committee makes its final decision. It calls for periodic reviews of the human rights situation at sites and measures to reconsider World Heritage status if requirements are not met; and for the establishment of an accessible independent grievance mechanism.

Finally, the report reflects on REDD+ initiatives, in particular concerns over the lack of participation and transparency in the sharing of benefits with Indigenous Peoples and highlights some good practices of Indigenous-led conservation.

The report underlines how Indigenous Peoples must be recognized as rights-holders in conservation efforts undertaken on their lands and territories and urges States, international organizations and conservation organizations to demonstrate genuine commitment to a human rights-based approach to conservation. Ensuring respect for the rights of Indigenous Peoples, rather than excluding them from their lands in the name of conservation, will ultimately benefit the planet and its peoples as a whole.

Country visits

No official country visits were conducted in 2022. However, the Rapporteur conducted eight academic visits to Guatemala, Honduras, Colombia, Peru, Argentina, Ecuador, Sweden and Chile during which he exchanged with a number of Indigenous Peoples and authorities, as well as government and international community representatives.

In 2023, the Rapporteur will conclude the official country visit to Denmark and Greenland initially undertaken by his predecessor in March 2020 but which had to be interrupted due to COVID-19. He will also conduct a follow-up visit to Canada, last visited in 2013. The Rapporteur will continue to seek country visits to Asia and Africa and urges States in these regions to accept requests to visit officially.

Communications and press releases

During 2022, the Rapporteur issued 61 communications to States and other entities, such as private corporations and intergovernmental organizations, in response to information received on alleged violations of Indigenous Peoples’ human rights. These communications on cases are included in the special procedures’ joint communications report, submitted to each session of the Human Rights Council, and are publicly available online in the special procedures communications database.^[4],[5]

The mandate issued press releases on cases of urgency or special concern.^[6] Examples include press releases expressing concern over a broad range of issues, including for example the negative impacts of the Train Maya project in Mexico; the lack of targets for States to realize Indigenous Peoples’ rights in the Post-2020 Post Global Framework of Implementation for the UN Convention on Biological Diversity; the lack of implementation of the Chittagong Hill Tract Agreement in Bangladesh; and the “poison package” draft bill on pesticides in Brazil.

Concerns were also publicly expressed with regard to the escalating violence against Maasai amid new plans to evict them from their ancestral lands in Tanzania through to serious abuses against Papua peoples in Indonesia, and the endangering of Indigenous lands and environment due to open-pit mining in Sweden. Press releases also raised the issue of the killing of Nasa Indigenous defenders and the risks facing defenders who challenge corporate activity in Colombia, as well as the restriction of civic space in Nicaragua, and lauded the historic African Court ruling that awarded reparations to the Ogiek peoples in Kenya.

Collaboration with UN specialized entities, regional human rights bodies and other activities

The Rapporteur continued the mandate’s collaboration with the Permanent Forum on Indigenous Issues (UNPFII) and the UN Expert Mechanism on the Rights of Indigenous Peoples (EMRIP).

In February, the Rapporteur offered inputs to an Expert Seminar organized by EMRIP on “The Impact of Militarization on Indigenous Land: A Human Rights Focus”. In March, he provided inputs to EMRIP’s study on “Indigenous Peoples and the Right to Self-Determination: An International Academic Forum on Implementing the United Nations Declaration on the Rights of Indigenous Peoples”.

The mandate continued to collaborate with the human rights treaty bodies, special procedures and the wider UN system. In January, the Rapporteur provided inputs to the consultation organized by the Special Rapporteur on the human rights to safe drinking water and sanitation in order to inform his thematic report to the General Assembly dedicated to the right to drinking water and sanitation of Indigenous Peoples (A/77/167). In April, the Rapporteur organized a “Hybrid Consultation” on “Indigenous Peoples and the Implementation of their Right to Water in Domestic Legal Systems”. The Rapporteur is using the inputs received to produce presentations and offer technical assistance on this topic. In November, the Rapporteur contributed to the work of a four-day workshop organized by the UN Office of the High Commissioner for Human Rights (OHCHR) on possible ways to enhance the participation of Indigenous Peoples in the work of the Human Rights Council in Geneva. Also in November, the Rapporteur provided inputs to the Convention on the Elimination of all Forms of Discrimination Against Women (CEDAW) General recommendation No.39 (2022) on the rights of Indigenous women and girls.^[7] He also attended and moderated a meeting of the 11^th session of the UN Forum on Business and Human Rights in Geneva dedicated to the question of the criminalization of human rights defenders.

He continued to collaborate with the wider UN system to promote Indigenous Peoples’ rights and greater implementation of the UNDRIP. In March, he participated in the 66^th session of the Commission on the Status of Women (CSW) and provided input on the topic of “Women and youth at the frontlines of the climate change response: How to challenge inequalities in leadership, recognition and responsibility?” In September, he contributed to a working meeting organized by the Food and Agriculture Organization to promote an open dialogue around the issue of Toxics and Pollutants Affecting Indigenous Peoples.

The mandate continued to play an active role on the topic of protected areas. In May, the Rapporteur participated in the International Union for Conservation of Nature (IUCN) regional forum on “Indigenous Peoples, protected areas and other effective means of conservation” in Honduras. In June, the Special Rapporteur attended the “Stockholm +50: a healthy planet for the prosperity of all – our responsibility, our opportunity” organized by the UN General Assembly. He contributed to the conference by raising the urgent need for Indigenous Peoples’ participation to ensure positive advancement in the global environment and climate action debates. He delivered a statement highlighting the disproportionate impact of climate change on Indigenous Peoples and the need to guarantee Indigenous Peoples’ rights in conservation and climate change action. In November, he participated remotely in the International Workshop on Conservation and Indigenous Peoples in Eastern and Southern Africa organized by the UN Department of Economic and Social Affairs, which took place in Kenya. In December, he participated remotely in sessions of the Montreal COP 15 on the Convention on Biological Diversity and briefed the International Indigenous Forum on Biodiversity.

In terms of cooperation with regional human rights mechanisms, in March the Rapporteur submitted an amicus curiae brief in case No. 13.641 Comunidades y Rondas Campesinas de Cajamarca v. Peru [Peasant Communities and Patrols of Cajamarca v Peru] and testified before the Inter-American Commission on Human Rights. The brief addressed the legal concept of Indigenous Peoples’ right to identity and recognition.^[8] In August, he submitted an amicus curiae brief before the Inter-American Court of Human Rights in case No. 12.973 Pueblos Indígenas Tagaeri y Taromenane (in voluntary isolation) v. Ecuador [Tagaeri and Taromenane Peoples (in voluntary isolation) v Ecuador].^[9] In September, he provided an expert brief to the European Parliament Human Rights Subcommittee (DROI) on the situation of Indigenous Peoples in the Brazilian Amazon and the consequences for Indigenous Peoples of a lack of land tenure.

Finally, the Rapporteur engaged directly with governments, particularly during academic visits, to provide advice on international law and offer and facilitate mediation efforts between governments and Indigenous Peoples, including in Ecuador in August, where he participated in a dialogue organized by the Episcopal Conference between the Ecuadorian government and Indigenous Peoples represented by the Confederation of Indigenous Nationalities of Ecuador (CONAIE).

Lilia Petrosyan and Christine Evans support the mandate of the Special Rapporteur on the rights of Indigenous Peoples at the United Nations Office of the High Commissioner for Human Rights.

Seánna Howard and Elisa Marchi, both based at the University of Arizona, Indigenous Peoples Law and Policy Program as well as Claire Morclette, based in Geneva, provided external support for the mandate of the Special Rapporteur.

Email to contact the mandate of the Special Rapporteur on the rights of Indigenous Peoples: This email address is being protected from spambots. You need JavaScript enabled to view it.

This article is part of the 37^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. 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] United Nations (UN). OHCHR. “Special Rapporteur on the rights of indigenous peoples.” https://www.ohchr.org/EN/Issues/IPeoples/SRIndigenousPeoples/ Pages/SRIPeoplesIndex.aspx  

^[2] UN General Assembly. “Indigenous women and the development, application, preservation and transmission of scientific and technical knowledge. Report of the Special Rapporteur on the rights of indigenous peoples, José Francisco Calí Tzay.” 2022, https://undocs.org/Home/Mobile?FinalSymbol=A%2FHRC%2F51%2F28&Language=E&DeviceType=Desktop&LangRequested=False

^[3] UN OHCHR. “A/77/238: Protected areas and indigenous peoples’ rights: the obligation of States and international organizations – Report of the Special Rapporteur on the rights of indigenous peoples.” 19 July 2022, https://www.ohchr.org/en/documents/thematic-reports/a77238-protected-areas-and-Indigenous-peoples-rights-obligations-states

^[4] UN OHCHR. “Special Procedures of the Human Rights Council. Communications reports of special procedures.” https://www.ohchr.org/en/special-procedures-human-rights-council/communications-reports-special-procedures

^[5] UN OHCHR. “Communication report and search.” https://spcommreports.ohchr.org/Tmsearch/TMDocuments

^[6] See all press releases: UN. OHCHR.“OHCHR Latest News.” https://www.ohchr.org/en/latest?field_content_category_target_id%5B158%5D=158&field_content_category_target_id%5B162%5D=162&field_content_category_target_id%5B161%5D=161&field_content_category_target_id%5B159%5D=159&field_entity_target_id%5B1291%5D=1291

^[7] UN OHCHR. “General Recommendation No.39 (2022) on the rights of Indigenous women and Girls.” 26 October 2022, https://www.ohchr.org/en/documents/general-comments-and-recommendations/general-recommendation-no39-2022-rights-indigeneous

^[8] UN OHCHR. Special Procedures. “Amicus Curiae” 15 March 2022, https://www.ohchr.org/sites/default/files/2022-03/Amicus%20brief%20to%20IACHR_SR%20Indigenous%20peoples_EN.pdf

^[9] UN OHCHR. “Comments on legislation and policy. Special Rapporteur on the rights of indigenous peoples.” https://www.ohchr.org/en/special-procedures/sr-Indigenous-peoples/comments-legislation-and-policy

Tags: Global governance, Human rights