STATE OF THE WORLD's INDIGENOUs PEOpLEs - CINU

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EMBARGOED UNTIL 14 January 2010STATE OF THE WORLD’S INDIGENOUS PEOPLESNot for distributionThe principal human rights effects of these projects for indigenous peoples related to lossof traditional territories and land, eviction, migration and eventual resettlement, depletionof resources necessary for physical and cultural survival, destruction and pollution of thetraditional environment, social and community disorganization, long-term negative health andnutritional impacts as well as, in some cases, harassment and violence. 55In this particular discussion of large-scale development projects, there was also reference to the impact oflarge dam projects upon indigenous communities in Colombia. Unfortunately, in this case, the human rightsviolations became so grave as to include forcible removal from homes and lands, destruction of property as wellas assassinations and disappearances carried out by paramilitary forces.The Special Rapporteur has noted other similar dam projects and the resulting violations of indigenous peoples’human rights. Forced removal, clear-cutting of forests, military abuses, and deaths and disappearances aretaking place in India, the Philippines, Panama, the United States, Canada, Malaysia, Costa Rica and Chile. Thisis not an exhaustive list—such cases are only the known violations based upon communications to the SpecialRapporteur or the Office of the High Commissioner for Human Rights. It is highly likely that many other cases havenot been reported or communicated to the UN or any other agencies.Other development projects being imposed or forced upon indigenous communities include logging, mining,resort developments and highway construction, establishment of national parks and reserves as well as oil andgas exploration and exploitation. For example, in the Russian Far East, little or no consideration has been givento the indigenous peoples’ demands to safeguard their hunting, fishing and gathering territories in the face of oiland gas development. 56 These cases arise as urgent measures primarily due to the fact that state governmentshave not even established the ways and means for indigenous peoples to bring claims to gain any recognition oraffirmation of their distinct rights to own and control their lands, territories and resources.More recently, leaders of the Ardoch Algonquin First Nation (Canada) have had legal action taken against themfor their efforts to block uranium exploration and mining on lands that have been claimed by the Algonquins. 57The lack of procedures to identify and affirm indigenous land rights is exacerbated by the imposition of major,adverse developments that favour others, such as multinational corporations, and “criminalize” indigenouspeoples’ protests. The rampant actions of large economic and corporate forces often appear to go unrestrainedby governments, who are ultimately responsible for the prevention of violations and abuses of indigenous humanrights by third parties.Discrimination against indigenous peoplesIndigenous peoples frequently raise concerns about systemic discrimination and outright racism fromthe State and its authorities. This discrimination manifests itself in a number of ways such as frequentand unnecessary questioning by the police, condescending attitudes of teachers to students or rudenessfrom a receptionist in a government office. At their most extreme, these forms of discrimination lead togross violations of human rights, such as murder, rape and other forms of violence or intimidation. Theseforms of discrimination are often either difficult to quantify and verify or are simply not documented by theauthorities, or not disaggregated based on ethnicity.55Stavenhagen (2003), 2.56Stavenhagen (2003), para. 68.57“Ontario Algonquins suspend uranium site occupation”, Friday, October 19, 2007, CBCNews.ca.HUMAN RIGHTS | 205
EMBARGOED UNTIL 14 January 2010STATE OF THE WORLD’S INDIGENOUS PEOPLESNot for distributionThere are however some indicators of discrimination, which are documented and disaggregated, suchas disproportionately high incarceration rates. In 1991 indigenous peoples accounted for less than 2.0 percent of the total population of Australia, yet 14 per cent of all adult prisoners were indigenous. By 2001,this number had risen to 19.9 per cent, while the indigenous population had risen to just 2.4 per cent of thetotal population. Indigenous Australians were thus 8 times more likely than non-indigenous Australiansto be imprisoned in 1991. In 2001 the ratio was 9.6. 58 In Canada, indigenous offenders represented 16.6per cent of the federal prison population, while comprising only 3.38 per cent of the Canadian generalpopulation, making indigenous Canadians 5 times more likely to be imprisoned, than their non-indigenousfellow Canadians. 59 In the United States, in the state of Alaska, Native Alaskans are incarcerated at arate 3.2 times higher than that of white Alaskans, and Native Alaskan juveniles are 1.8 times as likely tobe adjudicated delinquent as white juveniles. 60 In New Zealand, of 10,452 cases resulting in a custodialsentence in 2005, 5,293, or just over 50 per cent, were Maori. Sixty-one per cent of women sentencedto prison in New Zealand in 2005 were Maori. 61 Ten years earlier, Maori women were 49.3 per cent ofsentenced inmates and Maori men were 45 per cent of sentenced inmates. 62 In 2006, the Maori were 14.6per cent of the total population, making them 3.4 times more likely to be imprisoned, than non-indigenousNew Zealanders.The overrepresentation of indigenous peoples in correctional institutions can be linked to discrimination inearlier stages of the justice process. For example, indigenous peoples are disadvantaged when their rightsare adjudicated in non-indigenous languages. The Special Rapporteur has reported that, for example, this“is often the case in some Asian countries, where legal texts and proceedings are written and carried outin English or a national language not understood by an indigenous community.” 63 He has also found thatinterpreters and public defenders for indigenous people may not be available, and if they are, may notbe adequately trained in indigenous culture. Moreover, court officials may be biased against indigenouspeople in their district.” 64Little systematic data on incarceration rates of indigenous peoples is available for most countries. Howeverthere is information available on the detention and imprisonment of indigenous peoples, and althoughthis information is not compiled by means of census data collection, a review of some reports submittedto the Special Rapporteur on the human rights and fundamental freedoms of indigenous peoples paints“a disturbing picture of the situation of indigenous people in detention, which in many cases violatesinternational principles for the treatment of prisoners.” 65Indigenous peoples are all too often held in overcrowded prisons, in substandard conditions and withinadequate access to basic health and other services, and far from their communities, which makes itdifficult for them to maintain contact with their families. Restrictions on religious rights have also beenreported. 66 In Canada, the Special Rapporteur has reported that, not only are indigenous women held indisproportionately high numbers in federal prisons, they are also singled out for segregation more often58Wijeskere (2001), 6.59Welsh (2008), 492.60Stavenhagen (2004), para. 29.61New Zealand Ministry of Justice (2006).62New Zealand Ministry of Justice (1996)63Stavenhagen (2004), para. 37.64Stavenhagen (2004), para. 37.65Stavenhagen (2006a), para. 22.66Stavenhagen (2006a), para. 22.206 | CHAPTER VI
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STATE OF THE WORLD's INDIGENOUs PEOpLEs - CINU

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