39/37 Report of the United Nations High Commissioner for Human Rights on the rights of indigenous peoples
Document Type: Final Report
Date: 2018 Jul
Session: 39th Regular Session (2018 Sep)
Agenda Item: Item2: Annual report of the United Nations High Commissioner for Human Rights and reports of the Office of the High Commissioner and the Secretary-General, Item3: Promotion and protection of all human rights, civil, political, economic, social and cultural rights, including the right to development
GE.18-11214(E)
Human Rights Council Thirty-ninth session
10–28 September 2018 Agenda items 2 and 3
Annual report of the United Nations High Commissioner
for Human Rights and reports of the Office of the
High Commissioner and the Secretary-General
Promotion and protection of all human rights, civil,
political, economic, social and cultural rights,
including the right to development
Report of the United Nations High Commissioner for Human Rights on the rights of indigenous peoples
Summary
The present report is submitted pursuant to Human Rights Council resolution 36/14.
It contains information on relevant developments relating to human rights bodies and
mechanisms and outlines the activities undertaken by the Office of the United Nations High
Commissioner for Human Rights at Headquarters and in the field that contribute to the
promotion of, respect for and the full application of the provisions of the United Nations
Declaration on the Rights of Indigenous Peoples as well as of provisions in relevant
international human rights treaties. The report covers the period from 1 May 2017 to 31
May 2018.
United Nations A/HRC/39/37
I. Introduction
1. In its resolution 36/14 concerning human rights and indigenous peoples, the Human
Rights Council requested the United Nations High Commissioner for Human Rights to
continue to submit to it an annual report on the rights of indigenous peoples, containing
information on relevant developments in human rights bodies and mechanisms and on the
activities undertaken by the Office of the United Nations High Commissioner for Human
Rights (OHCHR) at headquarters and in the field, that contribute to the promotion of,
respect for and the full application of the provisions of the United Nations Declaration on
the Rights of Indigenous Peoples.
2. The present report focuses on some illustrative examples of OHCHR activities and
initiatives undertaken at the country, regional and headquarters levels that contribute to
realization of the rights of indigenous peoples. It also outlines recent developments within
United Nations human rights bodies and mechanisms pertaining to indigenous peoples.
II. General overview of OHCHR activities and recent developments in human rights bodies and mechanisms
3. During the period under review, important measures were taken to advance the
rights of indigenous peoples. However, progress remains fragile. Reports by United Nations
human rights mechanisms demonstrate that the United Nations Declaration on the Rights of
Indigenous Peoples and the outcome document of the World Conference on Indigenous
Peoples are far from being fully implemented, and that the shrinking democratic space in
many countries continues to be a challenge for indigenous human rights defenders,
organizations and movements, including those that cooperate with the United Nations.
Many countries where indigenous peoples live fail to meet indigenous peoples’ human
rights obligations and to ensure their meaningful engagement and effective participation,
including when elaborating development priorities and strategies that relate to extractive
industries and to the use of land, territories and resources.
4. To address these concerns, OHCHR continued to provide technical assistance and
guidance to Member States, indigenous peoples, civil society organizations and United
Nations bodies, and strengthened its efforts to involve indigenous peoples in all
international initiatives that affect them, including the implementation of the 2030 Agenda
for Sustainable Development.
5. During the reporting period, indigenous peoples’ rights were included in the
recommendations of several human rights treaty bodies, and in the reports and
communications and other activities of several special procedure mandate holders. These
United Nations mechanisms provided detailed, country-specific recommendations for the
implementation of indigenous peoples’ rights, including in relation to resources and support
to develop their capacities, in order for indigenous peoples to be able to claim their rights
and interact on an equal footing with the authorities, the private sector and human rights
mechanisms. These mechanisms also highlighted the need to ensure that all those whose
decisions impact indigenous peoples’ rights — from State authorities to business
enterprises and international financial institutions — are familiar with the standards set
forth in the United Nations Declaration on the Rights of Indigenous Peoples.
A. Requirements for free, prior and informed consent and for consultative
mechanisms, including in the context of business and extractive
industries
6. A key area of concern for OHCHR and United Nations human rights mechanisms
continues to be the development activities undertaken in indigenous lands and territories
with insufficient regard for the principle of free, prior and informed consent and for other
safeguards enshrined in the United Nations Declaration on the Rights of Indigenous
Peoples. OHCHR provided expert guidance to key stakeholders on the practical application
of indigenous peoples’ requirement for free, prior and informed consent in order to enable
meaningful participation by indigenous peoples in the context of large-scale projects and
economic interests over indigenous lands, territories and natural resources.
7. For example, the OHCHR Regional Office for Central America has played an
important role in the establishment of the national mechanism for consultation with
indigenous peoples in Costa Rica via a presidential decree issued in March 2018. OHCHR
provided technical advice to the Government and the eight indigenous peoples of Costa
Rica, in order to ensure compliance with the international standards on human rights and in
particular with the United Nations Declaration on the Rights of Indigenous Peoples and the
recommendations issued by international human rights mechanisms.
8. During the process that led to the establishment of the national mechanism, the
Regional Office, together with the International Labour Organization (ILO) and the United
Nations Development Programme (UNDP), supported the various phases of the process by
organizing workshops in the 24 territories of the country, helped generate broad
participation in all the indigenous territories, including by older people, women and young
people, and contributed to facilitating the dialogue between the Government and indigenous
peoples. The Regional Office also facilitated the organization of two national meetings that
were attended by more than 100 indigenous representatives, and contributed to the process
of drafting the decree to ensure that it complied with international human rights standards.
9. The OHCHR office in Colombia supported the elaboration and implementation of
protocols for consultation and negotiation with third parties and the realization of processes
for free, prior and informed consent, including with the Arhuaco people of the Sierra
Nevada de Santa Marta for the protection of their ecosystem; and with the Nasa people in
northern Cauca in relation to the La Salvajina hydroelectric dam as well as to the
demobilized members of the Revolutionary Armed Forces of Colombia — People’s Army
(FARC-EP) in the ancestral territory of the Nasa people.
10. The country office is also working on free, prior and informed consent processes
with the 15 indigenous peoples of the Putumayo region — 13 of whom have been
recognized by the Constitutional Court of Colombia as risking physical and cultural
extermination.
11. The OHCHR office in Guatemala monitored the case of the El Escobal mining
project, owned by the Canadian company Tahoe Resources. In June 2017, an injunction
issued by the Supreme Court of Justice suspended the mine’s activities and ruled that the
State must “restore the violated constitutional rights of the indigenous Xinca community of
the departments of Santa Rosa and Jalapa”. The injunction also instructed the Ministry of
Energy and Mines to carry out a consultation process within 12 months. The decision was
appealed to the Constitutional Court. In this context, the OHCHR office documented cases
of human rights violations and provided technical assistance to the communities concerned.
12. The country office expressed concern to the Government over a draft bill on
consultation, presented to Congress in April 2018, which focused only on the obligation to
comply with the Indigenous and Tribal Peoples Convention, 1989 (No. 169) without
referring to other relevant international standards. The bill was drafted without the
participation of indigenous peoples.
13. The OHCHR office in Mexico worked on emblematic cases relating to free, prior
and informed consent, providing technical assistance to indigenous communities,
authorities, civil society and private companies to monitor ongoing processes. It carried out
several missions to follow up on consultation processes, including in the central valleys of
Oaxaca where 16 indigenous communities were affected by a presidential decree limiting
their access to water. The office is also following up on similar consultation processes in
the community of Unión Hidalgo, Oaxaca, related to a wind park project; with Mayan
communities in the State of Campeche in relation to the planting of transgenic soy, in
collaboration with UNDP and the Food and Agriculture Organization of the United Nations
(FAO); and with other Mayan communities in the State of Yucatán for the construction of a
wind park and for a solar energy project. The office also participates as an observer in the
consultation process for the construction of a solar park in the indigenous community of
San José Tipceh.
14. The country office was also involved in several other processes during which
consultations were proving insufficient, for example in connection with the Otomí
community of Xochicuautla being affected by the construction of a highway in their sacred
forest. The office played an important role in the suspension of all construction operations
and in the establishment of a round table that resulted in agreements being reached between
the parties in May 2018.
15. The country office organized several capacity-building activities related to the
principle of free, prior and informed consent. For example, in June 2017 it trained
representatives of the Ministry of Energy, the Energy Regulatory Commission, the National
Hydrocarbons Commission and the National Commission for the Development of
Indigenous Peoples, among others.
16. As a result of a communication and a press statement issued in July 2017 by the
Special Rapporteur on the rights of indigenous peoples, on the ongoing negotiations
between oil companies and the Government in Peru, the Government began a dialogue with
the indigenous authorities prior to considering new licences for oil exploitation. A 30-year
contract for future extraction rights in the Amazon rainforest, in the country’s Loreto region,
was under negotiation.
17. In July 2017, the Special Rapporteur sent a communication to the Government of
Nepal regarding an ongoing Kathmandu Valley road improvement project, referring to
allegations of forced evictions and the destruction of cultural property, and to the lack of
consultation with and of free, prior and informed consent from the Newar indigenous
peoples affected. The Government halted the road project pending the decision of the
Supreme Court on the matter.
18. In April 2017, the Special Rapporteur was invited to undertake a working visit to
Honduras to provide advice on draft legislation regarding the obligation to consult with
indigenous peoples. Subsequent written commentaries on the draft law, made public by the
Special Rapporteur in June 2017, helped to make all actors aware of the international
human rights standards related to consultation and consent, while also encouraging the
inclusion of all actors in the discussion.
19. The Working Group on the issue of human rights and transnational corporations and
other business enterprises engaged with representatives of indigenous peoples during its
official country visits to Canada (May 2017), Peru (July 2017) and Thailand (March–April
2018), addressing specific human rights concerns related to indigenous peoples’ rights with
reference to the United Nations Declaration on the Rights of Indigenous Peoples and the
requirement of free, prior and informed consent.1
20. The Working Group addressed specific challenges faced by indigenous peoples in its
2017 report to the General Assembly, 2 and has also sent letters to States and private
companies, under the communications procedure, regarding the situation of indigenous
peoples affected by business activities.
21. Over the course of the reporting period, human rights treaty bodies consistently
raised issues related to the rights of indigenous peoples to consultation and to the principle
of free, prior and informed consent. 3 They recommended that States apply existing
protocols in consultation with indigenous peoples before creating new ones and stressed
that new protocols should be developed in accordance with the relevant international
human rights standards.
1 Reports to be presented to the Human Rights Council for its thirty-eighth session.
2 A/72/162.
3 In connection with Australia, Bangladesh, Cameroon, Canada, Chile, Colombia, Costa Rica, Ecuador,
Finland, Guatemala, Kenya, Mexico, Nepal, New Zealand, Norway, Panama, Paraguay and the
Russian Federation.
22. They also encouraged States parties to conduct independent studies into the potential
social and environmental impact on indigenous peoples of natural resource exploration and
development projects, and called for adequate remedies and reparation for groups
negatively affected by extractive activities.
23. The Committee on Economic, Social and Cultural Rights, in paragraphs 12 and 17
of its general comment No. 24 (2017) on State obligations under the International Covenant
on Economic, Social and Cultural Rights in the context of business activities, recommends
that States parties and businesses respect the principle of the free, prior and informed
consent of indigenous peoples in relation to all matters that could affect their rights.
24. Regarding existing national mechanisms for consulting indigenous peoples on
matters that concern them, treaty bodies also advised the allocation of greater resources to
ensure the mechanisms’ effective functioning4 and referred to initiatives for setting up new
relevant government structures.5
25. A recurrent recommendation arising from the universal periodic review during the
reporting period relates to the development or enhancement of procedures and mechanisms
that guarantee meaningful, effective and full participation of indigenous peoples in
decision-making processes relating to all development projects and legal or administrative
measures that directly or indirectly affect their communities. A total of seven countries
received recommendations to take further steps in this regard, often with direct reference to
the need for ratification, implementation or systematic application of the United Nations
Declaration on the Rights of Indigenous Peoples, the ILO Indigenous and Tribal Peoples
Convention, 1989 (No. 169), or the principle of free, prior and informed consent.
B. Land rights
26. During the reporting period, OHCHR actively engaged in activities promoting
indigenous people’s rights to land, in cooperation with relevant stakeholders.
27. In November 2017, the OHCHR office in Cambodia shared with the Ministry of
Rural Development, the Ministry of the Interior and the Ministry of Land Management,
Urban Planning and Construction — the three ministries responsible for the three-step
process allowing indigenous peoples to obtain communal land titles — a draft discussion
paper on the potential reform of the communal land titling process. The office held
consultation meetings with the relevant ministries at the technical level, as well as with
relevant non-governmental organizations, to complete the document for formal presentation
to the Government in 2018.
28. The country office received information from indigenous and other communities
that claim to have lost land due to land disputes or inconsistent implementation of
government policies. It received petitions from individuals and groups seeking its
intervention and legal advice on their disputes and concerns. It conducted field visits to
ascertain facts, engaged with the relevant authorities and dispute resolution mechanisms,
facilitated dialogue among the parties, and provided legal and procedural advice to
communities and the civil society organizations supporting them. In August 2017, it
organized a training workshop on national and international standards relating to the rights
of indigenous peoples for approximately 35 Chong indigenous representatives from Pursat
Province.
29. The country office also assisted the Government and business enterprises in
providing adequate remedies in cases of land and housing rights violations, in coordination
with a non-governmental organization, the Independent Mediation Group, in August 2017,
and in providing technical support to indigenous Bunong communities affected by an
Economic Land Concession in Busra, Mondulkiri Province, during the pre-mediation and
mediation phases of the dispute resolution accepted by the company concerned.
4 See CERD/C/AUS/CO/18-20, para. 19.
5 See CEDAW/C/CHL/CO/7, para. 47.
30. In May 2018, the country office supported the Ministry of Land Management, Urban
Planning and Construction in organizing a pilot training programme on dispute resolution
mechanisms for 13 indigenous communities located in Ratanakiri Province that had already
had communal land titles issued to them in previous years, to enable them to protect their
land against encroachment.
31. The country office continued to work closely with the three main ministries involved
in the communal land titling process as well as with local authorities, civil society
organizations and indigenous communities to support the issuance of collective land titles.
In October and November 2017, the office organized two regional seminars on the
communal land titling process for 140 local authorities and 20 indigenous peoples’
representatives.
32. The country office also supported the three ministries, their local departments and
the indigenous communities with specific communal land titling processes. Among other
results, two Bunong indigenous communities in Mondulkiri and Kratié Provinces adopted
community by-laws, in August 2017 and April 2018 respectively, as part of the second step
in the communal land titling process. In October, three Jorng communities in the Areng
Valley of Koh Kong Province — the site of a number of high-profile land disputes in recent
years — received their indigenous identity certificates. This experience was recorded, to
produce a video to help inform other communities about how they can use and benefit from
the communal land titling process.6
33. The OHCHR office in Guatemala organized a high-level training course for political
and legal advisers from 16 relevant government institutions, including the property registry
and the Presidential Commission on Discrimination and Racism against Indigenous Peoples,
on international standards related to land, a healthy environment and indigenous peoples.
34. With the financial assistance of the United Nations Voluntary Trust Fund on
Contemporary Forms of Slavery, the National Council of Displaced Guatemalans 7
implemented a project in the country’s Sayaxché region that provided social and legal
support to 300 Q’eqchi’ Maya victims of land dispossession and environmental
contamination generated by the palm oil industry.
35. The OHCHR presence in Kenya engaged with indigenous communities, as part of
the national steering committee developing the policy on business and human rights, to
collect their views on what the policy should contain regarding the land rights of
indigenous peoples, environmental rights, issues of forced evictions and access to remedies.
The information was included in a report on stakeholder consultations. In May 2017,
OHCHR facilitated a session on the Guiding Principles on Business and Human Rights, as
part of the steering committee.
36. The OHCHR presence in Kenya also supported the Ogiek community for its
engagement with the task force set up in November 2017 to implement the decision of the
African Court8 and give recommendations for a six-month period. Part of the task force’s
role is to engage with the Ogiek community. However, the task force’s mandate expired
before it could engage with stakeholders and there are ongoing discussions on allocating
more time for consultations.
37. The OHCHR presence in Kenya continued to monitor the various evictions of
members of the Sengwer community from the Embobut Forest between December 2017
and February 2018, consulting with stakeholders and providing information to the special
procedures of the Human Rights Council.
38. The Special Rapporteur on the rights of indigenous peoples, during her official
country visits undertaken in November 2017 at the invitation of the Government of Mexico
and in May 2018 at the invitation of the Government of Guatemala, focused on economic
6 See https://youtu.be/F7atg5Ps8q0.
7 Consejo Nacional de Desplazados de Guatemala.
8 African Commission on Human and Peoples’ Rights v. Republic of Kenya, Application No. 006/2012
(2017).
development projects that had led to land dispossession, harmful environmental impact and
social conflicts, and to the criminalization of indigenous community members opposing
them. In her report to the General Assembly,9 presented at its seventy-second session, she
identified the collective rights of indigenous peoples to their lands, territories and resources
as a priority area requiring urgent attention.
39. The Human Rights Committee, the Committee on Economic, Social and Cultural
Rights, the Committee on the Elimination of Discrimination against Women, the
Committee on the Elimination of Racial Discrimination and the Committee on the Rights of
the Child issued a number of recommendations to protect indigenous peoples’ land rights.
The Human Rights Committee, the Committee on the Elimination of Racial Discrimination
and the Committee on the Rights of the Child expressed concerns about cases of eviction of
indigenous peoples from ancestral lands. Human rights treaty bodies recommended that
States parties hold consultations with indigenous communities with a view to obtaining
their free, prior and informed consent before making any decisions that would have an
impact on them.10 The Committee on Economic, Social and Cultural Rights stressed the
importance of the demarcation and recognition of indigenous peoples’ lands in order to
reinforce the communities’ right to protect, develop and control it.11 The same Committee
recommended that guarantees of reparation, alternative housing and compensation should
be established.12 In paragraph 46 of its general comment No. 24 (2017) on State obligations
under the International Covenant on Economic, Social and Cultural Rights in the context of
business activities, the same Committee calls upon States parties to ensure that indigenous
peoples have access to effective remedies, both judicial and non-judicial, which should be
sensitive to indigenous cultures and accessible to indigenous peoples. The Committee on
the Elimination of Discrimination against Women recommended the enforcement of legal
and other measures to protect effectively women who are victims of harassment and
violence in the context of forced evictions.13
40. In order to effectively protect land rights and avoid land-related conflicts, the
Committee on Economic, Social and Cultural Rights recommended to various countries to
increase their national efforts related to the demarcation and titling of indigenous lands,
which should include stronger institutional capacity for the entities responsible for such
processes.14
C. Human rights defenders
41. A number of United Nations human rights mechanisms and various OHCHR field
presences raised issues related to the safety of those defending indigenous peoples’ rights.
42. During the Permanent Forum on Indigenous Issues, in April 2018, the Assistant
Secretary-General for Human Rights drew attention to widespread intimidation and
reprisals against indigenous peoples who cooperated with the United Nations. He stressed
the need to ensure that the experience of indigenous peoples who had been targeted for
claiming their rights by engaging with the United Nations was properly reflected in the
Secretary-General’s 2018 report on reprisals.15
43. The Expert Mechanism on the Rights of Indigenous Peoples shared the concerns
expressed by other United Nations human rights experts16 through a statement in March
2018 in support of indigenous human rights defenders in the Philippines, including the
9 A/72/186.
10 See CCPR/C/HND/CO/2, para. 47.
11 See E/C.12/MEX/CO/5-6, para. 68.
12 See E/C.12/RUS/CO/6, para. 49.
13 See CEDAW/C/GTM/CO/8-9, para. 41.
14 See A/HRC/37/5, A/HRC/36/11, A/HRC/36/7 and A/HRC/37/8.
15 Information can be sent to reprisals@ohchr.org.
16 See www.ohchr.org/EN/NewsEvents/Pages/DisplayNews.aspx?NewsID=22783&LangID=E and
www.un.org/development/desa/indigenouspeoples/news/2018/03/unpfii-indigenous-human-rights-
defenders-in-the-philippines/.
concerns about the recent terrorism accusations levelled against the Special Rapporteur on
the rights of indigenous peoples. The Expert Mechanism also expressed its support for Joan
Carling, a former member of the Permanent Forum on Indigenous Issues, and Jose Molintas,
a former member of the Expert Mechanism, who are the targets of similar accusations.
44. In the same vein, the Committee on the Elimination of Racial Discrimination
adopted its decision 1 (95) on the Philippines under its early warning and urgent action
procedures, expressing concern about claims that the list of more than 600 individuals
alleged to be affiliated with terrorist organizations, included in the court petition of
February 2018 filed by the Philippines State Prosecutor, is aimed at intimidating
“indigenous peoples defending their lands, and is part of a wider campaign by the State
party to narrow the democratic space and to target various groups of persons including
indigenous peoples, human rights defenders, and persons expressing dissenting opinions”.17
45. The OHCHR office in Colombia intervened rapidly with relevant authorities
regarding threats, kidnappings and the risk of assassination facing indigenous leaders in the
regions of Catatumbo, Putumayo, Chocó, Nariño, Cauca and Valle del Cauca.
46. The country office acknowledged the efforts made by the National Protection Unit
of the Ministry of the Interior to protect human rights defenders, and supported the
strengthening of collective protection measures in rural areas, such as using indigenous
guards as a means of individual and territorial protection.
47. In November 2017, the OHCHR office in Guatemala organized a workshop on the
protection of indigenous women human rights defenders, which focused on issues of
invisibility and of the normalization of violence. The office also documented cases of
criminalization of indigenous human rights defenders working on land rights and followed
up on cases with State authorities.
48. The country office monitored emblematic cases to ensure greater transparency and
due process, and supported the work of the Office of the Attorney-General, maintaining
close contact with a vast network of indigenous human rights defenders, visiting the
communities concerned and meeting with local authorities. Protection of human rights
defenders was further enhanced by the development of a public policy on this matter by the
Presidential Commission for Coordinating Executive Policy in the field of human rights,
with technical support from OHCHR.
49. The OHCHR office in Honduras continued to monitor the case of the killing of the
indigenous Lenca environmental defender Berta Cáceres in March 2016, allegedly linked to
her opposition to the Agua Zarca dam, run by the Desarrollos Energéticos hydroelectric
company in Honduras.
50. The Special Rapporteur on the rights of indigenous peoples has, together with other
special procedures, sent a string of communications on the case to the Government and to
financial investors supporting the dam project, and has highlighted the case in several of her
reports and speeches to the Human Rights Council and the General Assembly. Several
investors, including the Netherlands Development Finance Company, the Central American
Bank for Economic Integration and Finnfund, subsequently suspended funding for the dam
project.
51. Unprecedented prevention measures were taken by Mexican authorities, as a result
of a press release calling for an impartial and effective investigation, issued by the OHCHR
office in Mexico, after it had documented cases of violence against indigenous human
rights defenders in several Mexican states, including Oaxaca, the State of Mexico, Guerrero
and Chihuahua. In January 2018, the office carried out two field missions to the State of
Guerrero pursuant to reports of three extrajudicial killings of indigenous human rights
defenders, allegedly by the state police.
17 See http://tbinternet.ohchr.org/Treaties/CERD/Shared%20Documents/PHL/INT_CERD_EWU_PHL
_8679_E.pdf.
52. In February 2018, the office convened an event in Mexico City to showcase the
work of human rights defenders, with the participation of 500 representatives from different
indigenous communities. The event enjoyed extensive coverage from the national media.
53. The Special Rapporteur on the rights of indigenous peoples has taken action on
some 32 cases.18 In January 2018, the European Commission decided to suspend a climate
change project in the Embobut Forest in Kenya pending an assessment of the project’s
human rights compliance. Days before the decision, the Special Rapporteur on the rights of
indigenous peoples, together with the Special Rapporteur on the situation of human rights
defenders and the Special Rapporteur on the issue of human rights obligations relating to
the enjoyment of a safe, clean, healthy and sustainable environment had sent two requests
for urgent action to the Government of Kenya and the European Commission and had
issued a press release expressing concern over allegations of forced evictions and attacks
against the indigenous Sengwer people urging the authorities to investigate and the
European Union to suspend funding of the project pending compliance with human rights
standards.
54. In addition to following up on specific cases, the Special Rapporteur on the rights of
indigenous peoples focused her thematic work in 2017 and 2018 on an assessment of the
escalating problem of the criminalization of indigenous peoples who are defending their
rights.
55. In May 2018, the Special Rapporteur on the situation of human rights defenders
carried out an official visit to Honduras, where he met with numerous representatives and
organizations of indigenous peoples. In his end-of-mission statement, he noted that
indigenous people faced criminalization, stigmatization and judicial harassment, all of
which were linked to the defence of their lands and environments. He noted the lack or the
misuse of meaningful consultation with indigenous peoples, and the divisions and conflicts
generated by private companies seeking access to their lands.
56. During the reporting period, the Human Rights Committee, the Committee on
Economic, Social and Cultural Rights, the Committee on the Elimination of Discrimination
against Women and the Committee on the Elimination of Racial Discrimination provided
recommendations to several States on the protection of indigenous human rights defenders.
For example, the Committee on the Elimination of Discrimination against Women
addressed the protection of indigenous women human rights defenders, who are subjected
to different manifestations of violence, such as threats, sexual abuse and harassment,
including by non-State actors. It called for prompt and transparent investigation of all cases
of intimidation, harassment or attack against them.19
D. Early warning mechanisms and monitoring of human rights violations
57. Over the period under review, OHCHR continued to assist national authorities and
other relevant actors in taking steps to prevent or mitigate human rights violations,
including by supporting early warning mechanisms, risk assessments and rapid response
capacities.
58. The OHCHR office in Mexico plays an active role as a member of the Board of the
Federal Protection Mechanism for Journalists and Human Rights Defenders, to which it has
presented a number of recommendations regarding cases of indigenous human rights
defenders at risk.
59. Since March 2016, the country office has been actively participating in the
implementation of the contingency plan of the State of Chihuahua — a public policy
implemented by the Federal Ministry of the Interior and the local government to prevent
attacks against human rights defenders and journalists. This initiative resulted in a baseline
18 The cases were from Bangladesh, Brazil, Cambodia, Canada, Chile, the Democratic Republic of the
Congo, Ecuador, Egypt, Guatemala, Honduras, India, Kenya, Mexico, Nepal, Paraguay, Peru, the
Philippines, the United Republic of Tanzania and the United States of America.
19 See CEDAW/C/CHL/CO/7, para. 31.
study on the situation of internally displaced persons in the region and the implementation
of judicial decisions regarding the rights of indigenous peoples.
60. In January 2018, the country office, along with the International Organization for
Migration the United Nations Children’s Fund, UNDP and the Office for the Coordination
of Humanitarian Affairs, conducted an inter-agency mission to the Tzotzil indigenous
community in Chalchihuitán, in the State of Chiapas, where 5,000 members of the
community had allegedly been forcibly displaced. The office presented results of the fact-
finding mission to the Undersecretary for Human Rights of the Ministry of the Interior,
calling for urgent measures to be taken.
E. Access to justice and the legal protection of indigenous peoples’ rights
61. Access to justice is of particular importance given the gravity of the issues facing
indigenous peoples, which include discrimination in criminal justice systems, particularly
for indigenous women and young people. OHCHR sought to empower indigenous
organizations to amplify their demands for recognition of and respect for their rights
through legal means, such as litigation.
62. The United Nations Joint Human Rights Office in the Democratic Republic of the
Congo continued to support legislative developments in the country, in cooperation with a
parliamentary commission on indigenous peoples’ rights. In December 2017, in partnership
with parliamentarians and indigenous representatives, it supported the development of
legislation to protect the rights of the indigenous peoples in the Province of Mai-Ndombe,
which was adopted in May 2018.
63. The OHCHR office in Guatemala finalized the implementation of the second phase
of the Maya Programme. It provided technical assistance to the Government and indigenous
peoples on 11 strategic litigation cases and follow-up to 7 court rulings involving rights
related to transitional justice, land and resources and bilingual intercultural education. Six
of the 11 cases resulted in favourable rulings and 4 of them resulted in favourable and
definitive rulings from the Constitutional Court regarding ancestral land claims on behalf of
the Q’eqchi’, Ch’orti’ and Xinca peoples.
64. Through the Maya Programme, the country office collaborated with the Office of the
Attorney-General on the development of a policy on access to justice for indigenous
peoples. In May 2017, the Office of the Attorney-General presented its new 2017–2025
policy on access to justice for indigenous peoples,20 to help overcome linguistic, cultural,
geographic and economic barriers, and to provide access to justice for indigenous peoples
in the country. The policy, developed with the technical assistance of OHCHR, provides for
the creation of a secretariat on indigenous peoples within the Office of the Attorney-
General, which will play a major role in implementing policies developed in consultation
with indigenous authorities.
65. The country office also organized seminars and training sessions with international
experts on indigenous peoples’ rights, including training for judges on indigenous peoples’
rights and on indigenous women’s rights, in the context of transitional justice trials and
reparation measures.
66. The OHCHR office in Honduras continued to be an observer on the inter-
institutional commission for the implementation of the rulings handed down by the Inter-
American Court of Human Rights in the Punta Piedra v. Honduras and Triunfo de la Cruz
v. Honduras cases. The office is monitoring the implementation of the reparations ordered
by the court, with a special focus on land, natural resources and prior consultation rights.
67. The United Nations Voluntary Fund for Victims of Torture, managed by OHCHR,
supported a project implemented in Guatemala by the Community Studies and Psychosocial
Action Team to provide psychosocial support, using a traditional indigenous approach, to
indigenous women who became victims of torture and sexual violence during the internal
20 See A/HRC/34/3/Add.1, para. 25.
armed conflict. A total of 156 indigenous women, including women from the Mam, Chuj,
P’opti’, Kaqchikel, Ixil, K’iche’ and Q’eqchi’ peoples, received assistance during and after
strategic litigation cases, including 14 Q’eqchi’ Maya women who participated in the
landmark Sepur Zarco case.
68. In Peru, the United Nations Voluntary Fund for Victims of Torture financially
supported a project that provided legal support to about 650 indigenous Quechua people
seeking truth, justice and reparation for their lost family members. The project was
implemented by the National Association of Families of the Kidnapped, Detained and
Disappeared of Peru, an organization created by Quechua mothers, wives and families of
victims of arbitrary detention and enforced disappearance during the internal armed conflict.
69. During the reporting period, the United Nations Voluntary Trust Fund on
Contemporary Forms of Slavery, managed by OHCHR, financially supported one
organization exclusively assisting indigenous victims of contemporary forms of slavery. As
a result, about 300 indigenous victims of slavery received assistance in Guatemala.
70. Also during the reporting period, the Committee on the Elimination of
Discrimination against Women and the Committee on the Elimination of Racial
Discrimination made recommendations to increase and protect indigenous peoples’ rights
to access to justice, indicating the particular intersectional obstacles faced by indigenous
women when attempting to access justice systems,21 the scarcity of local points of access to
justice in rural and indigenous areas 22 and the financial obstacles involved. 23 The
Committee on the Elimination of Discrimination against Women recommended the
designing of a strategy which addresses language barriers and disseminates information
about effective legal remedies and procedures enabling women to claim their rights.24 The
Committee on the Elimination of Racial Discrimination recommended an increase in the
allocation of resources to existing national mechanisms established to provide legal services
for indigenous communities.25
71. The Committee against Torture expressed its concern about the use of punishment
devices such as the stocks, for the application of penalties in the administration of
indigenous justice. It urged the State party to take the measures necessary to ensure that
indigenous justice is administered with full respect for human rights.26
72. Issues related to improving access to justice and strengthening the legal protection of
indigenous peoples were addressed in a number of recommendations arising from the
universal periodic review. States were advised to intensify their efforts to eliminate
structural discrimination. Furthermore, recommendations were made to adopt and/or
implement policies that ensure thorough, impartial, independent and timely investigations
into all attacks, harassment and acts of intimidation against indigenous peoples’ human
rights defenders, journalists and/or social organizations.27
F. Indigenous peoples and the 2030 Agenda for Sustainable Development
73. The 2030 Agenda for Sustainable Development and its overall focus on reducing
inequalities and leaving no one behind are of particular relevance to indigenous peoples.
74. The OHCHR office in Guatemala held workshops on a human rights-based approach
to the implementation of the Sustainable Development Goals and human rights indicators,
for the Secretariat for Planning and Programming of the Office of the President, the
National Statistics Institute, the Ombudsman, indigenous peoples, members of civil society
and the United Nations country team.
21 See CEDAW/C/THA/CO/6-7, para. 10.
22 See CEDAW/C/GTM/CO/8-9, para. 12.
23 See CEDAW/C/CHL/CO/7, para. 14.
24 See CEDAW/C/CRI/CO/7, para. 9.
25 See CERD/C/AUS/CO/18-20, para. 26.
26 See CAT/C/PAN/CO/4, para. 46.
27 See A/HRC/36/11, A/HRC/37/9 and A/HRC/37/8.
75. The OHCHR office in Honduras, in partnership with OHCHR, the National Human
Rights Protection Mechanism and the Special Prosecutor for Ethnic Groups28 held a series
of workshops directed at local authorities, justice operators, public defenders and the police,
aimed at preventing the misuse of the criminal justice system against indigenous peoples
charged with land appropriation or other criminal offences, in the context of social protest
activities to assert their ancestral land rights.
76. The OHCHR office in Mexico collaborated with UNDP and FAO to provide
technical assistance in the implementation of the Agreement for the Sustainability of the
Yucatán Peninsula, signed by three Governors (of the States of Quintana Roo, Yucatán and
Campeche), aimed at developing policies and programmes that support the implementation
of Sustainable Development Goal 2 on ending hunger, achieving food security and
improved nutrition and promoting sustainable agriculture, and of Sustainable Development
Goal 15 on protecting, restoring and promoting sustainable use of terrestrial ecosystems,
sustainably managing forests, combating desertification, halting and reversing land
degradation and halting biodiversity loss.
77. During the reporting period, the Committee on the Rights of the Child referred to
target 16.2 of the Sustainable Development Goals when recommending the creation of
monitoring mechanisms and particular measures to prevent violence against children
belonging to indigenous communities.29
78. The Committee also drew attention to targets 1.3 and 11.1 of the Sustainable
Development Goals, recommending the adoption of strategies to “ensure that public
policies in the area of housing, safe drinking water and sanitation, health and education
adequately address the rights of children belonging to indigenous peoples”30 and guarantee
a good standard of living.
79. When addressing the issue of unequal access to education due to gender disparities,
the Committee on the Rights of the Child referred to target 4.5 of the Sustainable
Development Goals on eliminating gender disparities in education and ensuring equal
access to all levels of education and vocational training for the vulnerable, including
indigenous peoples.31
80. The Committee was also concerned at underregistration among indigenous peoples,
and encouraged the registration of children at birth, in accordance with target 16.9 of the
Sustainable Development Goals on providing legal identity for all, including birth
registration.32 The Committee on the Rights of the Child recommended the reinforcement of
measures to provide quality health care, including access to health care in indigenous
languages, in line with target 3.8 of the Sustainable Development Goals on achieving
universal health coverage.33
G. Data collection and data disaggregation
81. The OHCHR office in Guatemala promoted the collaboration between indigenous
peoples and national census authorities to ensure that indigenous peoples actively
participated in the census.
82. The Committee on the Elimination of Discrimination against Women, the
Committee on the Elimination of Racial Discrimination and the Committee on the Rights of
the Child urged States to systematically collect and provide statistical data through all
relevant ministries and departments, disaggregated by ethnic groups, including indigenous
peoples, to provide an empirical basis on which to evaluate the equal enjoyment of rights
under their respective Conventions. The Committee on the Rights of the Child expressed
28 Fiscalía de Etnias.
29 See CRC/C/ECU/CO/5-6, para. 25.
30 Ibid., para. 36.
31 See CRC/C/PLW/CO/2, para. 51.
32 See CRC/C/PAN/CO/5-6, para. 18.
33 Ibid., para. 29.
concern about the lack of disaggregated data on children belonging to indigenous peoples,
and of assessments of their situations, and encouraged the establishment of a system for
collecting such data.34
H. Indigenous peoples’ social and cultural rights
83. In November and December 2017, the OHCHR office in Mexico coordinated the
joint visit of the Special Rapporteurs on freedom of expression of the Human Rights
Council and of the Inter-American Commission on Human Rights, during which the
Special Rapporteurs met with a number of indigenous radio broadcasters who provided
information in their own language and drew attention to cultural and social issues in their
community which would otherwise not be covered by the media. The Special Rapporteurs
pointed to the need to adopt measures to expand the access of indigenous peoples to
community broadcasting, and to continue to improve access to broadband in areas lacking
reliable access.
84. The Committee on Economic, Social and Cultural Rights expressed concerned about
the extinction of indigenous languages and recommended the establishment of frameworks
to ensure that indigenous languages were taught in schools.35 The Committee on Economic,
Social and Cultural Rights, the Committee on the Elimination of Discrimination against
Women and the Committee on the Rights of the Child encouraged the dissemination of
indigenous cultures through education. 36 The Human Rights Committee recommended
increasing the recruitment and training of indigenous language teachers and increasing the
availability of language instruction in indigenous languages for indigenous children in
kindergarten. The Committee on the Elimination of Racial Discrimination affirmed that
multiculturalism included indigenous cultures and that national anti-racism strategies
should also protect indigenous communities from hate speech and violence.37
85. The Committee on Economic, Social and Cultural Rights, the Committee on the
Rights of Persons with Disabilities, the Committee on the Elimination of Racial
Discrimination and the Committee on the Rights of the Child addressed issues regarding the
right to health of indigenous peoples. The Committee on the Rights of Persons with
Disabilities addressed issues of prioritized accessibility to health care for indigenous
persons with disabilities. The Committee on the Elimination of Discrimination against
Women focused on indigenous women’s rights to health care, and their particular concerns,
including childbirth services, gynaecological services, contraception and basic health-care
services. The same Committee also pointed out the higher rates of maternal mortality, early
pregnancy and malnutrition among indigenous women and girls.38 The same Committee
recommended that information about health care, including contraception, should be
disseminated to indigenous communities to enable a gender-sensitive, consultative and
inclusive process.39
86. The issue of indigenous languages is pertinent in a number of sectors, including
health care, since the provision of health-care services in indigenous languages remains
insufficient in certain cases and thus limits access to such services by indigenous people.40
The Committee on the Rights of the Child highlighted the issue of adolescent health in
indigenous communities.
34 See CRC/C/GTM/CO/5-6, para. 43.
35 See E/C.12/AUS/CO/5, para. 58.
36 See E/C.12/URY/CO/5, para. 60.
37 See CERD/C/AUS/CO/18-20, para. 13.
38 See CEDAW/C/GTM/CO/8-9, para. 36.
39 See CEDAW/C/NOR/CO/9, para. 39.
40 See CERD/C/FIN/CO/23, para. 18.
I. Violence against indigenous women and girls
87. During the reporting period, indigenous women and girls in many countries
continued to face violence and multiple forms of intersecting discrimination impeding their
full and equal enjoyment of all human rights.
88. The OHCHR office in Guatemala registered cases of violence against indigenous
women and girls in the context of forced evictions — such as in the case of the forcibly
evicted Chabilchoch community in Izabal department — including allegations of excessive
use of force by the police.
89. The Human Rights Committee and the Committee on the Elimination of Racial
Discrimination expressed concerns about the lack of national mechanisms to address
intersectional discrimination and violence. The Human Rights Committee recommended
the strengthening of existing preventive measures 41 with mechanisms that specifically
report cases of violence against indigenous women. The Committee on the Elimination of
Discrimination against Women noted a number of issues of violence related to indigenous
women, in particular, such as obstetric violence in connection with childbirth services,42
insufficient capacity of law enforcement officials to investigate and prosecute cases of
gender-based violence,43 sexual violence,44 and lack of information about legal remedies for
gender-based violence.45 The same Committee also pointed out the issue of intersectional
discrimination against women and against indigenous people.46
90. The Committee on the Elimination of Discrimination against Women recommended
the dissemination of information about legal remedies available to indigenous women who
have suffered gender-based violence, and systematic training for the judiciary and law
enforcement officers on the rights of indigenous women.47 The Committee on Economic,
Social and Cultural Rights recommended the implementation of measures to combat
domestic violence against women, including indigenous women,48 especially as domestic
violence may result in homelessness. The Committee on Economic, Social and Cultural
Rights also recommended the development of national housing strategies, with adequate
funding. 49 The Committee on the Rights of Persons with Disabilities added a
recommendation to include women and girls in policies regarding violence against
indigenous people and people with disabilities, in order to ensure their intersectional
protection.50
91. The Committee on the Rights of Persons with Disabilities has adopted its general
comment No. 6 (2018) on equality and non-discrimination, which provides details on
intersectional discrimination.51 In paragraph 29 (c) of its general recommendation No. 35
(2017) on gender-based violence against women, updating general recommendation No. 19,
the Committee on the Elimination of Discrimination against Women calls upon States
parties to repeal, including in customary, religious and indigenous laws, all legal provisions
that are discriminatory against women and thereby enshrine, encourage, facilitate, justify or
tolerate any form of gender-based violence.
41 See CCPR/C/AUS/CO/6, para. 22.
42 See CEDAW/C/CRI/CO/7, para. 30.
43 See CEDAW/C/GTM/CO/8-9, para. 12.
44 See CEDAW/C/NOR/CO/9, para. 25.
45 See CEDAW/C/CHL/CO/7, para. 15.
46 See CEDAW/C/GTM/CO/8-9, para. 15.
47 See CEDAW/C/CHL/CO/7, para. 15.
48 See E/C.12/AUS/CO/5, para. 34.
49 Ibid., para. 42.
50 See CRPD/C/PAN/CO/1, para. 17.
51 See para. 19.
J. Development of national action plans
92. A significant commitment made by States at the World Conference on Indigenous
Peoples, and reflected in its outcome document, relates to the preparation of national action
plans to implement the United Nations Declaration on the Rights of Indigenous Peoples.
93. In 2017 and 2018, the OHCHR office in Mexico provided technical assistance to
several local governments — of Chihuahua, San Luis Potosí, Querétaro and Mexico City —
to define specific outputs and indicators related to the rights of indigenous peoples in their
local action plans.
94. The country office also provided assistance in the evaluation of the National Human
Rights Programme. On 19 May 2017, the office organized a meeting with the Ministry of
the Interior to ensure the inclusion of the right to prior consultation in the National Plan on
Business and Human Rights, advocating for effective consultation with indigenous peoples
for the elaboration of the plan.
95. The Committee on Economic, Social and Cultural Rights, the Committee on the
Elimination of Racial Discrimination and the Committee on the Rights of the Child
recommended the inclusion of formal monitoring mechanisms in national action plans on
business and human rights,52 and the enactment of a national action plan on violence against
women with special provisions to end the high rates of violence against indigenous women
and girls.53 These treaty bodies also recommended the adoption of a specific national action
plan on violence against indigenous women,54 as well as the development of a national
action plan for, and with the full and effective participation of, indigenous children, to
eliminate their vulnerability to violence and exploitation, and recommended that resources
be allocated for that national plan.55
III. Participation of indigenous peoples in United Nations processes
96. Pursuant to General Assembly resolution 71/321, the President of the General
Assembly convened an informal interactive hearing in April 2018 with indigenous peoples
to reflect on possible further measures to enhance the participation of indigenous peoples’
representatives and institutions in relevant United Nations meetings on issues affecting
them. In his opening statement, the Assistant Secretary-General for Human Rights
emphasized that indigenous peoples faced different realities around the world. While some
States recognized indigenous peoples’ governance institutions, others did not. He noted that
it was critical to ensure that indigenous peoples could participate at the United Nations
regardless of their status in their own countries. He also welcomed the call for regional
consultations, as an important opportunity to ensure that the views of as many indigenous
communities as possible, including of women and youth groups, were fully considered.
97. Every year, OHCHR supports indigenous people by improving their knowledge of,
and facilitating their participation, in the work of United Nations human rights bodies and
mechanisms.
98. During the reporting period, 33 representatives of indigenous peoples (20 women
and 13 men) from 24 countries 56 participated in the annual Indigenous Fellowship
Programme. Held in Geneva from 19 June to 14 July 2017, the programme was available in
Arabic, English, Russian and Spanish. Participants were introduced to the United Nations
52 See E/C.12/NLD/CO/6, para. 12.
53 See CERD/C/CAN/CO/21-23, para. 24.
54 See CERD/C/AUS/CO/18-20, para. 28.
55 See CRC/C/PAN/CO/5-6, para. 36.
56 Australia, the Plurinational State of Bolivia, Brazil, Burundi, Canada, Chad, Chile, Colombia, Congo,
Ecuador, Guatemala, India, Indonesia, Kenya, Mexico, Morocco, Nicaragua, Pakistan, the Russian
Federation, South Africa, Tuvalu, Ukraine, the United States of America and the Bolivarian Republic
of Venezuela.
human rights instruments and mechanisms, and explored issues of particular relevance to
indigenous peoples, such as climate change, human rights and business, women’s rights and
gender equality. The programme included training to develop specific skills in the areas of
lobbying and media advocacy, resource mobilization, and mainstreaming human rights
through human rights education. It culminated with the fellows’ participation in the tenth
session of the Expert Mechanism on the Rights of Indigenous Peoples, where they
organized their own side event celebrating the twentieth anniversary of the establishment of
the Indigenous Fellowship Programme. In addition, OHCHR published a booklet entitled
“Indigenous Fellowship Programme 1997–2017: 20 years, 20 stories”. The booklet
highlights the achievements and challenges of 20 former fellows, from each of the language
components, together with their achievements and the obstacles they face in their work.
99. OHCHR also hosted, at its headquarters, a senior indigenous fellow from Nicaragua
for a four-month in-depth training experience on the relevant international human rights
systems and mechanisms. She also had the chance to gain practical knowledge by
contributing to the activities of OHCHR.
100. In 2017, the United Nations Voluntary Fund for Indigenous Peoples allocated 78
grants to support the participation of indigenous peoples in the sessions of the Permanent
Forum on Indigenous Issues (24), the Expert Mechanism on the Rights of Indigenous
Peoples (20), the Human Rights Council (3), including its universal periodic review (4),
and in human rights treaty bodies (27).
101. The United Nations Voluntary Fund for Indigenous Peoples also provided support to
15 grantees in order to help them attend the General Assembly consultation process aimed
at enhancing the participation of indigenous peoples’ representatives in United Nations
meetings on issues affecting them. In addition, the Fund allocated resources to equip
indigenous people with the tools needed to make their participation in meetings more
effective.
102. Indigenous peoples’ representatives participated in the third regional consultation for
Latin America and the Caribbean on the implementation of the Guiding Principles on
Business and Human Rights within the framework of the 2030 Agenda for Sustainable
Development, at the Economic Commission for Latin America and the Caribbean in
Santiago on 12–14 December 2017. The meeting was jointly convened jointly by the
United Nations Working Group on the issue of human rights and transnational corporations
and other business enterprises and the OHCHR Regional Office for South America. One of
the key issues addressed was the protection of indigenous leaders from human rights abuse
perpetuated by private sector actors.57
103. To ensure that the voices of indigenous peoples are channelled to the United Nations
and its human rights bodies and mechanisms, the Special Rapporteur on the rights of
indigenous peoples regularly meets with representatives from indigenous peoples’ groups
and communities. At the seventeenth session of the Permanent Forum on Indigenous Issues,
she met with 26 groups from different regions.
104. The OHCHR office in Guatemala provided technical assistance to civil society
organizations and promoted indigenous women’s participation in the drafting of alternative
reports for the Committee on the Elimination of Discrimination against Women and the
Human Rights Committee, while supporting the participation of indigenous peoples’
representatives in the universal periodic review of Guatemala.
105. The office also provided technical assistance to the Presidential Commission on
Discrimination and Racism against Indigenous Peoples when drafting periodic reports
regarding Guatemala for the Committee on the Elimination of Racial Discrimination.
106. During the reporting period, the Committee on the Elimination of Racial
Discrimination reviewed 18 States parties and received a significant number of alternative
reports submitted by indigenous organizations. The dialogue involved numerous indigenous
57 See A/HRC/32/45/Add.4.
activists and human rights defenders from the countries in question. They benefited from
direct engagement with Committee members in public and private settings.
IV. Conclusions
107. During the reporting period, indigenous peoples in many parts of the world
continued to face numerous significant human rights challenges, as highlighted by
United Nations human rights mechanisms, which included intimidation and reprisals
against those cooperating with the United Nations. In order to address these human
rights challenges, OHCHR carried out a range of country and regional activities to
facilitate constructive dialogue and engagement between indigenous peoples, national
authorities, public officials and, when relevant, the private sector.
108. The lack of or insufficient access to justice for indigenous peoples in State legal
systems, along with the lack of statutory recognition and adequate protection of
indigenous land rights, contributed to the challenges experienced by indigenous
peoples worldwide. OHCHR assisted States in improving indigenous peoples’ access
to legal remedies so that indigenous peoples could better benefit from national legal
systems, advocate for the recognition of their own justice systems and participate in
the development and implementation of domestic policies and legislation to protect
their rights.
109. OHCHR also supported States in strengthening their capacity to protect
indigenous human rights defenders and to fulfil their duty to consult and cooperate
with indigenous peoples to obtain their free, prior and informed consent before
adopting and implementing measures that may affect them. Strengthening prevention
of, and addressing, intimidation and reprisals against those who cooperate with the
United Nations has also been a priority of OHCHR.
110. OHCHR continued to support States, national human rights institutions and
civil society in empowering individuals and communities to monitor deteriorating
situations, and establish systems to prevent and monitor conflicts, particularly
regarding their lands and resources.
111. Recognizing that the 2030 Agenda for Sustainable Development puts the
principles of equality and non-discrimination at its centre, OHCHR supported the
implementation of the Sustainable Development Goals and the associated targets
relevant to indigenous peoples. The collection of disaggregated data continues to be
essential for a comprehensive assessment of the extent and range of the challenges
confronting indigenous peoples today, and it remains, worldwide, largely insufficient.
112. As is evidenced in the present report, significantly enhanced efforts are needed
in order for States to ensure effectively the full and equal enjoyment of rights for all
indigenous peoples, through domestic laws, policies and strategies in line with the
United Nations Declaration on the Rights of Indigenous Peoples, relevant human
rights obligations and the outcome document of the World Conference on Indigenous
Peoples.