A stand for land and water results in threats, violence, murder against Indigenous communities

Indian Country Today

A new UN report highlights the drastic increase in violence and legal persecution that Indigenous Peoples face in protecting their lands.

The report was written by UN Special Rapporteur on the Rights of Indigenous Peoples Victoria Tauli-Corpuz.

The report cites Standing Rock as an example of increased violence against Native people.

" Thousands of people, including Native Americans, protested against the Dakota Access Pipeline at the border of North and South Dakota, close to the Standing Rock Sioux Reservation, " the report said. " While Sioux leaders advocated for protests to remain peaceful, state law enforcement officials, private security companies, as well as the North Dakota National Guard employed a militarized response to the protests. More than 400 people were allegedly arrested, about 90 percent of them from the Standing Rock Sioux tribe, including Chairman Dave Archambault II. Civil society organizations reported the use of excessive violence and humiliation during the arrests. "

This is not the first time the UN weighed in on the events of Standing Rock. In November, 2016, the United Nations ' special rapporteur on the rights of freedom of association and peaceful assembly released a forceful statement, calling out U.S. security forces for using violence against protesters peacefully opposing the construction of the Dakota Access pipeline in North Dakota, as well as what he called “ the inhuman and degrading conditions ” those arrested faced in detention.

Special Rapporteur Tauli-Corpuz was one of 600 people labeled a terrorist in a legal petition in her native Philippines earlier this year without formal charges being filed, a classic example of the " criminalization " that many leaders of indigenous communities confront. Just this month, shortly before her report was due out, she and only three others were removed from the petition.

This criminalization extends not only to Indigenous Peoples but also to their advocates.

Alfred Brownell of Liberia, a lawyer helping Indigenous People and local communities defend their lands from deforestation and palm oil plantations, was accused of unspecified crimes and forced to flee the country. He describes how Indigenous Peoples and communities — who are protecting their lands and protecting the planet — are treated as arrested on trump-up charges, sometimes flogged and beaten, and then immediately arrested on new charges if lawyers manage to get them out on bail.

Much of the violence — legal and physical, is never reported. Brownell explains: “ In recent weeks we have read reports from several organizations related to the mass murders of rights defenders across the globe, most of them Indigenous Peoples and local land rights defenders. Even though those who defend the planet and its peoples are now becoming statistics, I know for certain that there are thousands of others whose names will never appear. They are the faceless and nameless heroes and heroines of our struggle. ”

Brownell ’ s efforts exposed how a multinational company, Golden Veroleum, violated community rights and destroyed important forests; the company has since quit a sustainable trade group (the RSPO) when these violations were verified. Brownell, however, is still living abroad, afraid to return home after multiple threats of arrest. Just this month, his home was broken into.

In support of the Special Rapporteur ’ s report, a new website brings together audio and written testimony provided by indigenous leaders on this pervasive problem worldwide. The report and supplementary materials describe a systematic attack on indigenous land and human rights defenders around the world, an effort to silence those who oppose development projects on their lands.

The report ' s conclusions: Attacks and criminalization of Indigenous Peoples defending their lands and rights

Nations must adopt measures to protect Indigenous Peoples. Crucial in this regard is holding perpetrators accountable: all violent attacks against indigenous defenders must be promptly and impartially investigated. States should adopt a zero-tolerance approach to the killing and violence of indigenous human rights defenders.

Nations must publicly support the rights of Indigenous Peoples, particularly their rights to self-determination over their lands, territories, and resources. States should consult in good faith with Indigenous Peoples and obtain their free, prior, and informed consent for any project affecting their lands.

Nations should ensure legislation creates due diligence obligations for companies where there is a risk of human rights violations, and repeal legislation that criminalizes indigenous livelihoods.

Enabling a safe environment for Indigenous Peoples to advocate for their rights is key. Law enforcement officials should be trained on human rights standards and refrain from criminalizing Indigenous Peoples who are peacefully defending their rights. Some countries have adopted legislation and policies to provide protection for human rights defenders, including Colombia, Mexico, Brazil, Guatemala, and Honduras.

Criminalization raises sensitivities for foreign governments, international organizations, and multilateral institutions, which generally seek to avoid interfering in domestic legal processes. However, when supporting companies or governments engaging in these practices, international actors such as multilateral development banks, development financial institutions, or climate funds, risk contributing to and exacerbating criminalization.

On July 3, 2018, the European Parliament adopted a resolution on violations of the rights of Indigenous Peoples which denounces the continuing criminalization. The Special Rapporteur welcomes the strong public stance taken by the European Union, which can play an important role in preventing violations.

Private companies should exert human rights due diligence in all operations and adopt clear policy commitments to that effect.

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