AFTERNOON - Human Rights Council Hears that It Is Crucial to Respect the Rights of Indigenous Peoples when Infrastructure, Development, and Natural Resource Extraction Projects in or near their Territories Are Undertaken
Council Continues General Debate on Human Rights Situations that Require the Council’s Attention
The Human Rights Council this afternoon held its annual panel discussion on the rights of indigenous peoples with a focus on the impact of certain development projects on the rights of indigenous peoples, in particular the impact on indigenous women. The Council also continued its general debate on agenda item four on human rights situations that require the Council’s attention.
Ilze Brands Kehris, United Nations Assistant Secretary-General for Human Rights, opening the panel discussion, said it focused on examining the impact of development projects on indigenous peoples' rights, especially indigenous women; sharing indigenous peoples’ initiatives addressing these impacts; and identifying best practices to prevent and address the implications of development projects on indigenous peoples. The panel aimed to shed light on the challenges, explore opportunities for positive change, and emphasise the importance of inclusive, sustainable development that fully respected the rights and dignity of indigenous peoples.
Ms. Brands Kehris said while development projects could offer substantial societal benefits, they could also pose significant challenges and disruptions to the lives of indigenous peoples. These projects often intersected with crucial issues, including land rights, environmental conservation, cultural preservation, and economic empowerment. Indigenous women were often disproportionately affected by the adverse outcomes of development projects. It was crucial to respect the rights of indigenous peoples when infrastructure, development, and natural resource extraction projects in or near their territories were undertaken.
Sheryl Lightfoot, Chair-Rapporteur of the Expert Mechanism on the Rights of Indigenous Peoples, panellist, said for many indigenous peoples, their right to self-determination had advanced little since the adoption of the Declaration on the Rights of Indigenous Peoples. Mass evictions and the dispossession of land for use in conservation projects or infrastructural development or by extractive industries, and the privatisation of indigenous lands for investment negatively affected their livelihoods, economic resources, social and cultural identity, and their self-determination.
Anabela Carlón Flores, Lawyer for the Yaqui People, Mexico, panellist, said in the last 10 years, two major projects had impacted the Yaqui people, an aqueduct (2010) and a gas pipeline (2014), both which were undertaken without their consultation. There had been an increase in violence, disappearances, stigmatisation and criminalisation, and failure to recognise the efforts and leadership of women in defending their land. When the World Bank financed projects, it demanded the verification of respect for human rights, especially when the project impacted indigenous territories. It would be excellent to have a department that had knowledge of indigenous rights and was responsible for verifying compliance.
José Francisco Calí Tzay, Special Rapporteur on the rights of indigenous peoples, panellist, said indigenous women were disproportionately impacted by the effects of extractive industries on their lands. Their knowledge was devalued when the natural resources they stewarded were exploited without their free, prior and informed consent. It was true that there was no one solution for all those challenges, one size could not fit all. The international community needed to keep bringing indigenous peoples on board, especially women, and listen to them. By giving them a voice and leadership opportunities, the international community would ensure that their scientific and technical knowledge was preserved, transmitted, and applied towards the sustainable development of the global village.
Adriana Quiñones, Head of Human Rights and Development at the United Nations Women Geneva Office, panellist, said indigenous women were entitled to the basic rights afforded to all women under the Convention on the Elimination of Discrimination against Women, as well as collective rights. United Nations Women’s work with indigenous women was carried out in close partnership with the civil society advisory groups. Indigenous women led, and United Nations Women scaled, documented, and developed normative commitments that sustained their visionary approaches. United Nations Women worked to highlight and sustain the inclusion, participation and organisation of indigenous women.
In the discussion, some speakers said that in the context of development, discrimination against indigenous peoples, particularly indigenous women, hindered equal access to lands, resources and to participation in decision making. This in turn led to loss of their scientific and technical knowledge which was urgently needed in the climate and biodiversity crisis. Effective measures must be taken to fully implement the rights of indigenous peoples and address the root causes of violence against indigenous women and girls. It was of crucial importance, a speaker said, to enhance consultation with indigenous peoples, particularly indigenous women, to ensure their free, prior and informed consent as well as their full and effective participation in the development and implementation of projects and programmes that may affect their rights and interests.
Speaking in the discussion were Brazil, Spain, Finland on behalf of a group of countries, European Union, Ecuador, Mexico, Ukraine, Guatemala, United Nations Development Programme, Bolivia, International Development Law Organization, Armenia, Russian Federation, Tanzania, Venezuela, Iran, Vanuatu, Malaysia, Cuba, Indonesia, Costa Rica, China and South Africa.
Also speaking were International Indian Treaty Council, Franciscans International, International Volunteerism Organization for Women, Education and Development – VIDES, Grupo intercultural ALMACIGA, Consultoria Para Los Derechos Humanos y el Desplazamiento, Edmund Rice International Limited and Women's Spirit (Ruach Nashit) – Financial Independence for Women Survivors of Violence.
At the beginning of the meeting, the Council continued its general debate on agenda item four on human rights situations that require the Council’s attention.
In the discussion, some speakers regretted increased restrictions on freedom of expression of civil society, particularly non-governmental organizations that were critical of the policies of the authorities. One speaker said the Council must do its utmost to ensure the rights of indigenous peoples were protected. Speakers also pointed to specific violations in many countries and territories.
Speaking in the general debate were Tumuku Development and Cultural Union, Meezaan Centre for Human Rights, Réseau Unité pour le Développement de Mauritanie, International Human Rights Association of American Minorities, "ECO-FAWN" (Environment Conservation Organization - Foundation for Afforestation Wild Animals and Nature), Association for Defending Victims of Terrorism, Union of Arab Jurists, International Organization for the Elimination of All Forms of Racial Discrimination, Institute for Reporters' Freedom and Safety, Centre for Gender Justice and Women Empowerment, Asian Dignity Initiative, India Water Foundation, Human Rights Now, Promotion du Développement Economique et Social – PDES, and Interfaith International.
Speaking in right of reply were Cuba, Japan, India, Cyprus, Belarus, Lebanon, Azerbaijan, Russian Federation, Sudan, Malaysia, United States and Lithuania.
The webcast of the Human Rights Council meetings can be found here. All meeting summaries can be found here. Documents and reports related to the Human Rights Council’s fifty-fourth regular session can be found here.
The Council will next meet at 10 a.m. on Thursday, 28 September, when it will continue to hear right of reply’ statements. It will then hold an interactive dialogue with the Expert Mechanism on the Rights of Indigenous Peoples, followed by an interactive dialogue with the Special Rapporteur on the rights of indigenous peoples.
General Debate on Human Rights Situations that Require the Council’s Attention
The general debate on agenda item four on human rights situations that require the Council’s attention started in previous meetings and summaries can be found here and here.
General Debate
Some speakers regretted increased restrictions on freedom of expression of civil society, particularly non-governmental organizations that were critical of the policies of the authorities.
The Human Rights Council must promote the admissibility of petitions to the General Assembly and the United Nations Decolonisation Committee to address acts of omission that led to apartheid, crimes against humanity and genocide. The Council must do its utmost to ensure the rights of indigenous peoples were protected.
Although today all States and international bodies emphasised the need to counter terrorism as an important issue threatening global peace and security, and as the most important violator of the fundamental rights of innocent people around the world, some States continued to ignore approved moral and humanitarian rules and supported terrorist groups. The limited and temporary actions of some States against terrorist groups had, however, undermined the weak fundamentals of terrorism and prevented the spread of these heinous acts.
A speaker expressed deep concern about governments prompting other States or overseas actors to arbitrarily arrest or disappear persons in their jurisdiction and to hand them over, calling upon the international community to take measures to help prevent governments from prompting extraterritorial arbitrary arrests, detentions, disappearances or abductions. Speakers also pointed to specific violations in many countries and territories.
Panel Discussion on the Rights of Indigenous Peoples
Opening Statement
ILZE BRANDS KEHRIS, United Nations Assistant Secretary-General for Human Rights, said the panel discussion focused on examining the impact of development projects on indigenous peoples' rights, especially indigenous women; sharing indigenous peoples’ initiatives addressing these impacts; and identifying best practices to prevent and address the implications of development projects on indigenous peoples. The panel aimed to shed light on the challenges, explore opportunities for positive change, and emphasise the importance of inclusive, sustainable development that fully respected the rights and dignity of indigenous peoples.
The United Nations Declaration on the Rights of Indigenous Peoples recognised indigenous peoples' right to determine and develop priorities and strategies for exercising their right to development and laid a solid foundation for the dialogue today. While development projects could offer substantial societal benefits, they could also pose significant challenges and disruptions to the lives of indigenous peoples. These projects often intersected with crucial issues, including land rights, environmental conservation, cultural preservation, and economic empowerment.
Indigenous women served as the backbone of their communities, playing pivotal roles in preserving cultural heritage, transmitting traditional knowledge, and ensuring the sustainability of their societies. They were often disproportionately affected by the adverse outcomes of development projects. It was crucial to respect the rights of indigenous peoples when infrastructure, development, and natural resource extraction projects in or near their territories were undertaken. It was also imperative to prioritise the rights of indigenous women, while recognising that land rights were inherently intertwined with gender considerations. Laws and policies should protect indigenous peoples from the risk of State encroachment on their land.
In October 2022, the Committee on the Elimination of Discrimination against Women adopted general recommendation no. 39 on the rights of indigenous women and girls. The Committee recommended that States prevent and regulate activities of businesses and corporations that may undermine the rights of indigenous women and girls to their lands, and underlined the need to ensure that economic activities were only implemented in indigenous territories with the effective participation of indigenous women.
Indigenous knowledge and practices often held the key to sustainable environmental stewardship and biodiversity conservation: traditional indigenous territories coincided with areas that held 80 per cent of the planet’s biodiversity and were crucial for the planet's survival. Only through collective efforts, meaningful discussions, and concrete actions could a world be created where the rights of indigenous peoples, especially indigenous women, were fully honoured, where their voices were heard, and where the future was secured.
Statements by the Panellists
SHERYL LIGHTFOOT, Chair-Rapporteur of the Expert Mechanism on the Rights of Indigenous Peoples, said there were many examples of indigenous peoples in all regions expressing their self-determination by dissenting or refusing to consent to development projects on their land, often availing themselves of the national courts. For many indigenous peoples, their right to self-determination had advanced little since the adoption of the Declaration on the Rights of Indigenous Peoples. Mass evictions and the dispossession of land for use in conservation projects or infrastructural development or by extractive industries, and the privatisation of indigenous lands for investment negatively affected their livelihoods, economic resources, social and cultural identity, and their self-determination.
The Expert Mechanism had emphasised that States should recognise the lands, territories, participation, and consultation rights of indigenous peoples and that they should harmonise legislation to make it consistent with the right to self-determination of indigenous peoples and their right to their lands, territories, and resources, including laws on development projects. States should also ensure that contentious issues between indigenous peoples, States and business enterprises arising in the implementation of major development projects were never handled primarily as a problem of national security or law and order, as that often led to military or police action that may violate indigenous peoples’ human rights, in particular the rights and special needs of indigenous women, as they were disproportionately affected by the failure to implement land rights.
Ms. Lightfoot said States should ensure that indigenous women had access on an equal basis with indigenous men to ownership and/or use of and control over their lands, territories and resources, including by revoking or amending discriminatory laws, policies and regulations. States should also ensure protection for them against discrimination and dispossession, and by supporting them, where necessary, in the management of their lands. Indigenous women were agents of change and peacemakers, they were food producers; they carried sustainable development. And that needed to be at the front and centre in addressing indigenous peoples’ rights in the context of development projects.
ANABELA CARLÓN FLORES, Lawyer for the Yaqui People, Mexico, said in the last 10 years, two major projects had impacted the Yaqui people, an aqueduct (2010) and a gas pipeline (2014), both which were undertaken without their consultation. There had been an increase in violence, disappearances, stigmatisation and criminalisation, and failure to recognise the efforts and leadership of women in defending their land. Yaqui women had started to seek more information, especially regarding the gas pipeline, because they had only heard about the positive benefits in an attempt to convince them, like setting up businesses on their land, however, this was actually a type of colonisation. Construction had begun in the territory without them providing consent, so the women had appealed to the federal justice system. The judge did not support the Yaqui people, saying that they had signed the papers although they had not been informed about the projects. The women were threatened.
In the state of Chihuahua in the Raramuri territory, the development projects were the airport and a gas pipeline. The community also went to court as there had not been a consultation, but the projects were being implemented. They were also ignored in court as they did not have land titles. Finally, the court said they had ancestral possession and a trust was set up to produce projects that benefitted the community. While constructing a sewing project, members of the community were threatened and 50 people were arrested. Currently the sewing workshop was back in operation, but criminalisation attempts continued. The gas pipeline was built without consultation, without information and without consent. The Chichimeca women became aware of the project when the work began, which affected the only natural water body in the region. The women went out to prevent the installation of the gas pipeline and some were arrested for this.
Ms. Flores concluded by stating that when the World Bank financed projects, it demanded the verification of respect for human rights, especially when the project impacted indigenous territories. It would be excellent to have a department that had knowledge of indigenous rights and was responsible for verifying compliance.
JOSÉ FRANCISCO CALÍ TZAY, Special Rapporteur on the rights of indigenous peoples, said indigenous women were often the custodians of a collective accumulation of scientific knowledge and technical skills related to food and agriculture, health and medicine, natural resource management, weather patterns, language, textiles, arts and crafts. Women’s knowledge was critical to maintaining cultural identity, managing the risks and impacts of climate change, protecting biodiversity, and achieving sustainable development. However, indigenous women were disproportionately impacted by the effects of extractive industries on their lands. Their knowledge was devalued when the natural resources they stewarded were exploited without their free, prior and informed consent. Loss of access to and ownership of lands disempowered indigenous women. Moreover, climate change gave new urgency to the recovery and preservation of indigenous women’s scientific knowledge.
With women often leading the efforts to protect their lands and resources from external threats, such as development projects, the criminalisation of indigenous environmental defenders had been well documented. In the absence of legal recognition, indigenous knowledge was often considered to be in the public domain to be utilised, commodified, commercialised, exploited and benefited from through appropriation, reproduction and imitation; without free, prior and informed consent. Indigenous art and culture had been exploited for tourism. Pharmaceutical or agricultural companies had taken indigenous scientific knowledge and marketed it without permission or with no recognition given to the indigenous owners. For indigenous peoples, there were as many challenges as opportunities ahead. In the path towards sustainable development, no one should be left behind, and this included indigenous women.
It was true that there was no one solution for all those challenges, one size could not fit all. The international community needed to keep bringing indigenous peoples on board, especially women, and listen to them. By giving them a voice and leadership opportunities, the international community would ensure that their scientific and technical knowledge was preserved, transmitted, and applied towards the sustainable development of the global village.
ADRIANA QUIÑONES, Head of Human Rights and Development at the United Nations Women Geneva Office, said United Nations Women believed that indigenous women were entitled to the basic rights afforded to all women under the Convention on the Elimination of Discrimination against Women, as well as collective rights. Last year, the Committee on the Elimination of Discrimination against Women adopted general recommendation nº 39 on the rights of indigenous women and girls. United Nations Women’s work with indigenous women was carried out in close partnership with the civil society advisory groups. Indigenous women led, and United Nations Women scaled, documented, and developed normative commitments that sustained their visionary approaches.
United Nations Women worked to highlight and sustain the inclusion, participation and organization of indigenous women, including through Voz das Mulheres Indígenas, in Brazil, which started a sustainable partnership with grass-root indigenous women building their organizations and institutional capacities; in India, trafficking had been able to be prevented with the help of indigenous women; in Viet Nam the project EmPower had benefited 114 indigenous women, who started using solar systems to dry their food; and the Indigenous Women’s Platform in Guatemala, which brought together more than 300 leaders from different professional backgrounds.
Discussion
In the discussion, some speakers recalled that indigenous peoples, those of African descent and the poorest had been most affected by the COVID-19 pandemic. Indigenous peoples suffered the worst average conditions of the people in the country where they lived, and indigenous women suffered most. Indigenous women possessed scientific and medical knowledge in many areas, acquired and handed down from generation to generation, and this was recognised internationally. They had a key role in producing food, protecting the environment, and ensuring food security, and yet their role must be protected and promoted when it came to participation. These efforts urgently needed to be supported with increased funding for locally led actions.
In the context of development, discrimination against indigenous peoples, particularly indigenous women, hindered equal access to lands, resources and to participation in decision-making. This in turn led to loss of their scientific and technical knowledge which was urgently needed in the climate and biodiversity crisis. Such discrimination only intensified when there was intersection with characteristics such as disability or sexual orientation and gender identity. For development projects to be truly sustainable, governments and other stakeholders needed to fully commit to the United Nations Declaration on the Rights of Indigenous Peoples and respect the right to self-determination for indigenous peoples. Policies which ensured a seat and a say at the table for indigenous women in development processes were necessary. The rule of law was a powerful tool in ensuring the implementation of the Declaration.
It was a concern that indigenous women's well-being and cultural identity faced serious challenges. Development projects could significantly affect their lives, leading to the displacement of communities, disruption of cultural practices, and changes in traditional roles and responsibilities. Moreover, in advocating for their land and territorial rights and opposing non-consensual development projects, indigenous women human rights defenders were subject to severe threats, violence, killings, harassment, arbitrary detentions and the criminalisation of their work.
Social disadvantages and violence against women had increased due to the consequences of climate change as well as due to the degradation of natural resources and abusive exploitation by extractive industries, which affected indigenous peoples in general, and indigenous women and girls even more. Effective measures must be taken to fully implement the rights of indigenous peoples and address the root causes of violence against indigenous women and girls. It was of crucial importance, a speaker said, to enhance consultation with indigenous peoples, particularly indigenous women, to ensure their free, prior and informed consent as well as their full and effective participation in the development and implementation of projects and programmes that may affect their rights and interests.
Some speakers expressed deep concern that development projects ignoring the free, prior, and informed consent of indigenous peoples could disproportionately affect indigenous women, who played vital roles as caregivers and environmental protectors. This impact included the loss of their traditional livelihoods, traditional knowledge, and spiritual connection to their land. Moreover, such projects could lead to displacement, environmental damage, biodiversity loss, and ecological degradation. Indigenous peoples had a unique perspective on development, emphasising harmony between the environment and development projects, and when they were involved, these projects were more likely to be equitable and sustainable.
One speaker said the adoption of general recommendation no. 39 by the Committee on the Elimination of Discrimination against Women, focusing on the rights of indigenous women and girls, could serve as an important guidance on how to promote free, prior and informed consent. The Human Rights Council had the opportunity to take concrete measures and lead the way in enabling indigenous peoples’ representatives and institutions to participate under their own status at the Council in discussions on issues affecting them.
Speakers asked the panellists how to ensure participation of indigenous women in decision-making on development projects? Could the panellists elaborate on opportunities to scale up best practices in successful development initiatives which involved and improved the situation of indigenous women?
Concluding Remarks
SHERYL LIGHTFOOT, Chair of the Expert Mechanism on the Rights of Indigenous Peoples, said the right of indigenous peoples to development was extensively captured within the United Nations Declaration on the Rights of Indigenous Peoples. The recognition of this right was not only contextual but substantive, and recognised the deep connection between self-determination and free, prior and informed consent. Around the world, indigenous peoples were increasingly developing their own consent and consultation protocols, which typically involved elders, youth and women. States and other third parties needed to utilise these protocols where they existed. Where they did not exist, States should provide capacity building for their development. Ms. Lightfoot drew attention to several studies which included good practices around the world and advice.
ANABELA CARLÓN FLORES, Lawyer for the Yaqui People, Mexico, said States still faced a big challenge in guaranteeing the rights of indigenous peoples, especially women, when programmes were being implemented. It was important to guarantee free determination. When companies respected rights, they needed to seek communication channels with the legitimate authorities. It was necessary for countries to respect the rights of indigenous persons. Women played a crucial role which was often not visible, under the excuse of protecting them. This meant their interests were not taken into account.
JOSÉ FRANCISCO CALÍ TZAY, Special Rapporteur on the rights of indigenous peoples, said States as well as the private sector should take measures to ensure that indigenous peoples were consulted and participated equally in projects and programmes that affected their interests. The gender perspective should be ensured by State funding, and the participation of women ensured both before and during development projects, guided by experts and part of the process of prior and informed consent. Part of the funding of development projects should be allocated to indigenous peoples to ensure they could preserve their land and be empowered, in particular women, through capacity building and other empowerment measures. There should be inter-cultural commitment and cooperation with indigenous organizations in order to develop technical capacities. Indigenous peoples had their own skills for the management of environmental resources and their development. Indigenous lands were of crucial importance to the physical and cultural survival of indigenous persons as peoples.
ADRIANA QUINOÑES, Head of Human Rights and Development at the United Nations Women Geneva Office, said institutions should be supported that were dedicated to indigenous peoples at the national level. Indigenous women must be included in decision-making processes, and development partners should ensure that the consultation and decision-making processes did so. Investing in the translation into indigenous languages of general recommendation 39 would aid considerably, as it was a valuable instrument.
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HRC23.129E