STATE OF THE WORLD's INDIGENOUs PEOpLEs - CINU

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EMBARGOED UNTIL 14 January 2010STATE OF THE WORLD’S INDIGENOUS PEOPLESNot for distributionupon the Declaration for purposes of context and interpretation of indigenoushuman rights standards.There has been a blossoming of United Nations initiatives, ranging fromthe establishment of the UN Permanent Forum on Indigenous Issues to theappointment of the Special Rapporteur on the situation of human rights andfundamental freedoms of indigenous people and of the Expert Mechanism onthe Rights of Indigenous Peoples. This groundswell of positive progress hashad a contagious effect upon other international and regional instruments aswell as inter-governmental institutions, and bodies including the World Bank,the Asian Development Bank, the Inter-American Development Bank, the WorldIntellectual Property Organization, the Commission for Sustainable Developmentand numerous other fora.Indigenous Peoples’ human rights—on the groundDespite all the positive international human rights standard-setting developments,indigenous peoples continue to face serious human rights abuses on a dayto-daybasis. Issues of violence and brutality, continuing assimilation policies,marginalization, dispossession of land, forced removal or relocation, denialof land rights, impacts of large-scale development, abuses by military forcesand armed conflict, and a host of other abuses, are a reality for indigenouscommunities around the world. Examples of violence and brutality have beenheard from every corner of the indigenous world, most often perpetrated againstindigenous persons who are defending their rights and their lands, territoriesand communities.despite all the positiveinternational humanrights standard-settingdevelopments, indigenouspeoples continue to faceserious human rightsabuses on a day-to-daybasisViolence against indigenous womenAccording to a United States Department of Justice study on violenceagainst women, more than one in three American Indian and AlaskaNative women will be raped during her lifetime. A comparable figure forthe United States as a whole is less than one in five. Furthermore, half ofNative American women reported suffering physical injuries in additionto the rape, while the comparable figure for women in the United Statesas a whole is 30 per cent.Amnesty International reports that between 2000 and 2003, AlaskaNative people in Anchorage were 9.7 times more likely to experiencesexual assault than others living in the city, and a medical professionalresponsible for post-mortem examinations of victims of rape and murdertold Amnesty International in 2005 that of the 41 confirmed cases in Alaskasince 1991, 32 involved Alaska Native women.HUMAN RIGHTS | 203
EMBARGOED UNTIL 14 January 2010STATE OF THE WORLD’S INDIGENOUS PEOPLESNot for distributionFollowing a history of discrimination against indigenous peoples by nationaljudicial systems, indigenous peoples frequently distrust formal justicesystems. “When an emergency call comes in, the sheriff will say ‘but thisis Indian land.’ Tribal police will show up and say the reverse. Then, theyjust bicker and don’t do the job. Many times, this is what occurs.” Victimsoften do not report incidents of sexual violence to the police because theybelieve they will be met with indifference and inaction, or even blamed forthe incident. As a result, this non-reporting creates a climate of impunitywhere sexual violence is seen as normal.Source: Amnesty International (2007), 2-36.In 2005, Mapuche leaders in Chile were jailed, threatened and had their homesburned down solely because they were working in defence of their land rights. 51The Special Rapporteur, in his analysis of 15 different countries ranging fromMyanmar to the Russian Federation to Australia, identified this unfortunatedynamic in the context of indigenous human rights violations:In many countries, indigenous people are persecuted becauseof their work in defence of their human rights and fundamentalfreedoms, and are the victims of extrajudicial executions,arbitrary detention, torture, forced evictions and many formsof discrimination. 52there are a myriad ofexamples and testimonyat the international levelof the forced relocationof indigenous peoplesand dispossession oftheir landsThere are a myriad of examples and testimony at the international level of theforced relocation of indigenous peoples and dispossession of their lands. Fora number of years now, the San (formerly known as Bushmen) living in theirtraditional hunting grounds in the Central Kalahari of Botswana have beenstruggling with forced relocation from their homelands, without any substantiveaddress of their fundamental human rights. 53 For over two decades, the conflictsbetween indigenous peoples and gold miners, cattle ranchers and other outsidershave been raging throughout Brazil with little international notice or attention.Though legislation to demarcate lands has been adopted, the reality on theground is dramatically different from the laws of the nation-state. For example,the Special Rapporteur has received Urgent Appeals from the Guarani-Kaiowain the State of Mato Grosso do Sul, Brazil concerning eviction notices receiveddespite the fact that their lands were demarcated as indigenous lands in 2004. 54In regard to large-scale or major development projects, the Special Rapporteurhas summarized some of their effects on the human rights of indigenous peoplesby stating that:51Stavenhagen (2006), para. 20.52Stavenhagen (2006), para. 6.53Stavenhagen (2006), para. 77.54Stavenhagen (2006), 8.204 | CHAPTER VI
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STATE OF THE WORLD's INDIGENOUs PEOpLEs - CINU

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