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Implementation of the United Nations Declaration on the Rights of Indigenous Peoples and the work of the Special Rapporteur on the rights of indigenous peoples 2017, para. 59
- Paragraph text
- Without consideration of these potential barriers, indigenous peoples face violations of due process when they do not understand legal procedures and when courts are inaccessible. Persistent racism, including in the judicial system, is clearly an obstacle to obtaining justice. This is undoubtedly a factor in the concerning overrepresentation of indigenous persons, including women and young people, in jail. Aggressive litigation, particularly by private parties who seek access to indigenous lands and resources, can be used as a way to hinder effective justice or remedy.
- Body
- Special Rapporteur on the rights of indigenous peoples
- Document type
- Special Procedures' report
- Topic(s)
- Civil & Political Rights
- Equality & Inclusion
- Governance & Rule of Law
- Person(s) affected
- Ethnic minorities
- Women
- Youth
- Year
- 2017
Paragraph
Rights of indigenous women and girls 2015, para. 10
- Paragraph text
- To contribute to addressing any continuing gaps in monitoring and implementing the Declaration on the Rights of Indigenous Issues, the Special Rapporteur dedicates the present report to the issue of indigenous women and girl's rights. While recognizing the great diversity in the experiences of indigenous women, she will take a global approach, focusing on common themes and patterns experienced by indigenous women across regions. The Special Rapporteur will highlight examples of specific rights violations and issues from different countries, which are illustrative but not exhaustive. In analysing the situation of indigenous women, she will consider both the gendered forms of violations against indigenous women and the gendered effects of human rights abuses that target indigenous communities as a whole. In that way, the Special Rapporteur hopes that the forms of oppression, discrimination and violence that indigenous women face -because they are women and because they are indigenous - can be better understood.
- Body
- Special Rapporteur on the rights of indigenous peoples
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Gender
- Person(s) affected
- Ethnic minorities
- Girls
- Women
- Year
- 2015
Paragraph
Rights of indigenous women and girls 2015, para. 12
- Paragraph text
- When examining the rights of indigenous women and girls, it is vital to consider the unique historical experiences of indigenous communities. Many forms of violence and abuse against indigenous women and girls have a strong intergenerational element. Violations of the broad right to self-determination of indigenous peoples are historically and currently endemic. Those have included gross and sustained assaults on the cultural integrity of indigenous peoples; denigration and non-recognition of customary laws and governance systems; failure to develop frameworks that allow indigenous peoples appropriate levels of self-governance; and practices that strip indigenous peoples of autonomy over land and natural resources. Those patterns of violations are vividly exemplified by colonization, but have also been perpetuated by post-colonial power structures and State practices. Those violations of the right to self-determination have been highly detrimental to the advancement of the rights of indigenous women and girls in a number of ways.
- Body
- Special Rapporteur on the rights of indigenous peoples
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Social & Cultural Rights
- Person(s) affected
- Ethnic minorities
- Girls
- Women
- Year
- 2015
Paragraph
Rights of indigenous women and girls 2015, para. 69
- Paragraph text
- Another way in which neo-liberalism has affected indigenous peoples and women are related to the structural adjustment policies of the International Monetary Fund and the World Bank. Such policy interventions, which are based on neo-liberal doctrines, prescribe harsh fiscal austerity programmes as a remedy for economic underdevelopment and a high ratio of indebtedness in relation to gross domestic product. Dramatic decreases in government spending routinely result in cuts to vital services, which disproportionally impact the most vulnerable, including indigenous women.
- Body
- Special Rapporteur on the rights of indigenous peoples
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Person(s) affected
- Ethnic minorities
- Women
- Year
- 2015
Paragraph
Rights of indigenous women and girls 2015, para. 71
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- Indigenous systems of governance and power structures are often highly gendered and may exclude women and their perspective from administration of justice and control over the development of social standards and decisions, which impacts women's vulnerability to abuses of their human rights. Indigenous communities tend to be tight-knit, which can serve to protect perpetrators and silence women, and there is also often a high level of stigma associated with being a victim of violence so that indigenous women are often afraid to report violence for fear of being ostracized within the community. Furthermore, the close-knit nature of indigenous communities and the social stigma of violence may restrict women's ability to seek justice within other jurisdictions.
- Body
- Special Rapporteur on the rights of indigenous peoples
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Gender
- Person(s) affected
- Ethnic minorities
- Women
- Year
- 2015
Paragraph
Rights of indigenous women and girls 2015, para. 72c
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- [Despite the significant constraints facing them, there are many instances where indigenous women having successfully mobilized to fight for their rights. Those successes have led to the development of promising practices in relation to the respect and protection of indigenous women. The following examples of good practice are illustrative and not exhaustive:] The Working Group on Discrimination against Women in Law and in Practice reported that some Latin American States formally recognize indigenous laws and courts in their constitutional laws, but that devolution of power was conditional on respect for and enforcement of women's rights by the indigenous legal system;
- Body
- Special Rapporteur on the rights of indigenous peoples
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Gender
- Governance & Rule of Law
- Person(s) affected
- Ethnic minorities
- Women
- Year
- 2015
Paragraph
Rights of indigenous women and girls 2015, para. 62b
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- [Gaps and weaknesses in some human rights and development monitoring mechanisms include:] Failure to discuss the role that intersecting forms of vulnerability and discrimination plays in violations of the rights of indigenous women and girls;
- Body
- Special Rapporteur on the rights of indigenous peoples
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Person(s) affected
- Ethnic minorities
- Girls
- Women
- Year
- 2015
Paragraph
Rights of indigenous women and girls 2015, para. 80b
- Paragraph text
- [Recommendations to Member States] [With regard to monitoring and accountability, Member States should:] Invest in research and data collection systems to collect data disaggregated by gender, ethnicity or race, religion, language and territory or geographical area. Such data collection and research should include information on human rights violations, with particular focus on the situation of women and girls;
- Body
- Special Rapporteur on the rights of indigenous peoples
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Person(s) affected
- Ethnic minorities
- Girls
- Women
- Year
- 2015
Paragraph
Rights of indigenous women and girls 2015, para. 7
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- All the provisions of the Declaration apply equally to indigenous women and indigenous men. Article 22 (2) specifically provides that States shall take measures, in conjunction with indigenous peoples, to ensure that indigenous women and children enjoy the full protection and guarantees against all forms of violence and discrimination. In the outcome document of the high-level plenary meeting of the General Assembly known as the World Conference on Indigenous Peoples, which focused on indigenous women, the participating Heads of State and Government, ministers and representatives of Member States invited the Human Rights Council to consider examining the causes and consequences of violence against indigenous women and girls, in consultation with the Special Rapporteur on violence against women, its causes and consequences, the Special Rapporteur on the rights of indigenous peoples and other special procedures mandate holders.
- Body
- Special Rapporteur on the rights of indigenous peoples
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Gender
- Governance & Rule of Law
- Violence
- Person(s) affected
- Children
- Ethnic minorities
- Girls
- Women
- Year
- 2015
Paragraph
Rights of indigenous women and girls 2015, para. 31
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- Against the backdrop of growing physical and mental health concerns, non-indigenous health systems often do not take into account the indigenous concept of health, and therefore create barriers to access by indigenous people. Epidemiological data often fails to capture information on indigenous communities and the socioeconomic determinants of health, thereby making them "invisible". If data is included, it is generally not disaggregated, so that the specific needs of indigenous women are not understood in the context of national healthcare policy and planning. In addition, there are often no clear integration mechanisms for health care personnel, communities, traditional healers, policy makers and government officials. Furthermore, the facilities available to indigenous communities and women are also often not suitable to their specific needs and cultural preferences.
- Body
- Special Rapporteur on the rights of indigenous peoples
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Health
- Person(s) affected
- Ethnic minorities
- Women
- Year
- 2015
Paragraph
Rights of indigenous women and girls 2015, para. 33
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- A grave gender-specific health concern is the issue of indigenous women's sexual and reproductive health. Indigenous women face many barriers to sexual and reproductive rights, such as a lack of culturally appropriate sexual and reproductive health advice, geographical access to facilities and lack of supplies, such as contraceptives, poor quality care and, in some cases, legislation banning abortion services, even in cases of pregnancy following rape. That leads to higher-than-average maternal mortality rates; disproportionate representation of indigenous girls in teenage pregnancy indexes; low voluntary contraceptive usage; and high rates of sexually transmitted diseases and HIV/AIDS.
- Body
- Special Rapporteur on the rights of indigenous peoples
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Gender
- Health
- Person(s) affected
- Ethnic minorities
- Girls
- Women
- Year
- 2015
Paragraph
Rights of indigenous women and girls 2015, para. 39
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- Female indigenous human rights defenders have faced particular challenges when exercising their right to participate in public life. Female human rights defenders play a vital role in protecting women in indigenous communities and can be valuable resources to States in the context of balancing their duty to protect all women and the need to respect the right to self-determination and autonomy of indigenous communities. However, in a number of countries, the activities of female human rights defenders from indigenous communities have been criminalized and they have been subjected to severe forms of violence. For example, in Oaxaca, Mexico, female human rights defenders were reported to have been killed recently.
- Body
- Special Rapporteur on the rights of indigenous peoples
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Social & Cultural Rights
- Person(s) affected
- Activists
- Ethnic minorities
- Women
- Year
- 2015
Paragraph
Rights of indigenous women and girls 2015, para. 60c
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- [Compelled by economic need, armed conflict and denial of self-determination and land rights in the context of major economic development projects, many indigenous peoples migrate from their home communities in rural areas to urban centres. Indigenous women and girls who leave their communities are highly vulnerable to trafficking, which can lead to multiple violations of their human rights, including severe economic and sexual exploitation and sexual violence. There are also cases of indigenous women being targeted by organized traffickers within their own communities. Reports of trafficking of indigenous women and children include the following:] Trafficking of indigenous women for the purpose of exploitation has been reported in Mexico;
- Body
- Special Rapporteur on the rights of indigenous peoples
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Violence
- Person(s) affected
- Children
- Ethnic minorities
- Girls
- Women
- Year
- 2015
Paragraph
Rights of indigenous women and girls 2015, para. 65
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- The effects of those gaps and weaknesses in monitoring are compounded by systemic weaknesses in national data collection systems in relation to understanding indigenous peoples. There is the lack of disaggregated population data, which includes statistics on indigenous women within these groups. In addition, specific information on human rights violations, including those perpetrated against women, is rarely available. That has impeded understanding and comparison of situations of indigenous women and girls, as well as the development of clear accountability structures. Deficiencies in understanding and accountability are powerful barriers to effective strategies for combatting violations of indigenous women's rights.
- Body
- Special Rapporteur on the rights of indigenous peoples
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Person(s) affected
- Ethnic minorities
- Girls
- Women
- Year
- 2015
Paragraph
Rights of indigenous women and girls 2015, para. 72d
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- [Despite the significant constraints facing them, there are many instances where indigenous women having successfully mobilized to fight for their rights. Those successes have led to the development of promising practices in relation to the respect and protection of indigenous women. The following examples of good practice are illustrative and not exhaustive:] In Latin America, the use of quota systems to ensure the political representation of women has had some success. Bolivia (Plurinational State of), Colombia, Nicaragua, Panama and Peru, among others, have adopted electoral laws that include ethnic and gender quotas aimed at increasing indigenous women's participation in political processes. For example, the Act on Equal Opportunities for Women and Men of Peru specifically refers to the participation of indigenous women in public decision-making;
- Body
- Special Rapporteur on the rights of indigenous peoples
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Gender
- Person(s) affected
- Ethnic minorities
- Women
- Year
- 2015
Paragraph
Rights of indigenous women and girls 2015, para. 21
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- Indigenous women are directly affected by poverty and weaknesses in programmes designed to tackle it, as well as by unemployment trends and wage-related discrimination. The multiple forms of discrimination, based on gender, age, socioeconomic situation and ethnic origin, experienced by indigenous women make them highly vulnerable to poverty. In addition, the overall poverty experienced by indigenous peoples tends to have a disproportionate impact on women, due to their role as caregivers and managers of resources.
- Body
- Special Rapporteur on the rights of indigenous peoples
- Document type
- Special Procedures' report
- Topic(s)
- Economic Rights
- Equality & Inclusion
- Poverty
- Person(s) affected
- Ethnic minorities
- Women
- Year
- 2015
Paragraph
Rights of indigenous women and girls 2015, para. 5
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- Indigenous women experience a broad, multifaceted and complex spectrum of mutually reinforcing human rights abuses. That spectrum is influenced by multiple and intersecting forms of vulnerability, including patriarchal power structures; multiple forms of discrimination and marginalization, based on gender, class, ethnic origin and socioeconomic circumstances; and historical and current violations of the right to self-determination and control of resources.
- Body
- Special Rapporteur on the rights of indigenous peoples
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Gender
- Social & Cultural Rights
- Person(s) affected
- Ethnic minorities
- Women
- Year
- 2015
Paragraph
Rights of indigenous women and girls 2015, para. 81
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- [Recommendations to United Nations organizations and mechanisms] While the Special Rapporteur appreciates the attention given to the rights of indigenous peoples within the work of other United Nations mechanisms, more consistent and geographically comprehensive analysis of the fulfilment of human rights among indigenous women and girls is urgently needed. United Nations human rights mechanisms should direct additional attention to the nexus between individual and collective rights and how that impacts indigenous women and girls, as well as how intersecting forms of discrimination and vulnerability impact human rights violations.
- Body
- Special Rapporteur on the rights of indigenous peoples
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Governance & Rule of Law
- Person(s) affected
- Ethnic minorities
- Girls
- Women
- Year
- 2015
Paragraph
Rights of indigenous women and girls 2015, para. 78d
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- [Recommendations to Member States] [With regard to civil and political rights, Member States should:] Ensure protection of the activities of all female human rights defenders;
- Body
- Special Rapporteur on the rights of indigenous peoples
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Person(s) affected
- Activists
- Ethnic minorities
- Women
- Year
- 2015
Paragraph
Rights of indigenous peoples on the impact of international investment and free trade on the human rights of indigenous peoples 2015, para. 77d
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- [Concerning the reform of investment and free trade practices, the Special Rapporteur recommends that:] Member States ensure that gender considerations are adequately integrated into the development of such human rights impact assessments and that its intersecting relationship with other sources of discrimination be analysed so that the specific vulnerability of indigenous women to the effects of investment practices is considered;
- Body
- Special Rapporteur on the rights of indigenous peoples
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Gender
- Person(s) affected
- Ethnic minorities
- Women
- Year
- 2015
Paragraph
Rights of indigenous women and girls 2015, para. 79b
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- [Recommendations to Member States] [With regard to violence against indigenous women and girls, Member States should:] In the context of affording indigenous people legal jurisdiction that is compatible with their rights to self-determination, develop mechanisms that allow indigenous women and girls to pursue other means of recourse against violence if they are unable to obtain support and access to justice within indigenous communities;
- Body
- Special Rapporteur on the rights of indigenous peoples
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Gender
- Violence
- Person(s) affected
- Ethnic minorities
- Girls
- Women
- Year
- 2015
Paragraph
Rights of indigenous women and girls 2015, para. 32
- Paragraph text
- Women acutely feel the low levels of health within indigenous communities. They are disproportionately affected by illness owing to reduced coping capacity caused by the denial of broader rights. Women also play a primary role in overseeing the health and well-being of their families and communities, and can be particularly affected by the suffering of children and other family members. Their gender and role as child-bearers also make them vulnerable to specific health difficulties.
- Body
- Special Rapporteur on the rights of indigenous peoples
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Health
- Person(s) affected
- Children
- Ethnic minorities
- Families
- Women
- Year
- 2015
Paragraph
Rights of indigenous women and girls 2015, para. 42
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- Indigenous women may also be more vulnerable than non-indigenous women once they are in detention. There have been reports of a lack of women's facilities to accommodate indigenous women, which means that they could be housed with men. That leaves them vulnerable to violence and unable to access gender-specific programmes and support. There have also been reports of racism and discrimination against indigenous women in prisons, as well as inadequate access to health services.
- Body
- Special Rapporteur on the rights of indigenous peoples
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Gender
- Health
- Person(s) affected
- Ethnic minorities
- Women
- Year
- 2015
Paragraph
Rights of indigenous women and girls 2015, para. 85b
- Paragraph text
- [Recommendations to United Nations organizations and mechanisms] [United Nations organizations and mechanisms should:] Work with Member States to develop research into underdeveloped areas which particularly impact the rights of indigenous women and girls. Research should be developed on intersecting discrimination and vulnerability and the relationship between individual and collective rights;
- Body
- Special Rapporteur on the rights of indigenous peoples
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Health
- Person(s) affected
- Ethnic minorities
- Girls
- Women
- Year
- 2015
Paragraph
Rights of indigenous women and girls 2015, para. 8
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- Despite the progress made, systematic attention to the specific vulnerability of indigenous women has remained limited in relation to the scale of abuses against them. Furthermore, what international attention has been given to the issue has not sufficiently focused on the nexus between individual and collective rights, nor on how intersecting forms of discrimination and vulnerability contribute to ongoing abuses of indigenous women's rights. That has created a gap that has contributed to ongoing widespread impunity in relation to the rights of indigenous women and girls.
- Body
- Special Rapporteur on the rights of indigenous peoples
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Health
- Person(s) affected
- Ethnic minorities
- Girls
- Women
- Year
- 2015
Paragraph
Rights of indigenous women and girls 2015, para. 9
- Paragraph text
- There have been some promising signs of progress towards closing that gap, such as the efforts taken by indigenous women to empower themselves by establishing their own organizations and networks, and making their issues more visible at national and global levels. Indigenous women's participation in the United Nations world conferences on women has increased with time, the highlight being the conference in Beijing in 1995, where participants ensured references to indigenous women and achieved the adoption of the Beijing Declaration of Indigenous Women, which has served as a guiding framework in many of their subsequent efforts to build and strengthen their organizations. It must be recognized that the United Nations has established a solid gender equality and women's rights regime, which has opened up more possibilities for indigenous women to engage in debates on gender issues. Several Special Rapporteurs, including the previous rapporteurs on indigenous peoples' rights, have contributed through raising awareness of issues facing indigenous women and have made relevant recommendations.
- Body
- Special Rapporteur on the rights of indigenous peoples
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Gender
- Person(s) affected
- Ethnic minorities
- Women
- Year
- 2015
Paragraph
Rights of indigenous women and girls 2015, para. 60d
- Paragraph text
- [Compelled by economic need, armed conflict and denial of self-determination and land rights in the context of major economic development projects, many indigenous peoples migrate from their home communities in rural areas to urban centres. Indigenous women and girls who leave their communities are highly vulnerable to trafficking, which can lead to multiple violations of their human rights, including severe economic and sexual exploitation and sexual violence. There are also cases of indigenous women being targeted by organized traffickers within their own communities. Reports of trafficking of indigenous women and children include the following:] Indigenous women in Canada are reported to be at a greater risk of trafficking for the purposes of sexual exploitation than non-indigenous women.
- Body
- Special Rapporteur on the rights of indigenous peoples
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Violence
- Person(s) affected
- Children
- Ethnic minorities
- Girls
- Women
- Year
- 2015
Paragraph
Rights of indigenous women and girls 2015, para. 72a
- Paragraph text
- [Despite the significant constraints facing them, there are many instances where indigenous women having successfully mobilized to fight for their rights. Those successes have led to the development of promising practices in relation to the respect and protection of indigenous women. The following examples of good practice are illustrative and not exhaustive:] As observed by the Special Rapporteur on violence against women, its causes and consequences, the tribal justice system of the Eastern Band of Cherokee Indians in the United States has an effective infrastructure to provide safety of women within their jurisdiction, including dedicated codes to address domestic violence and training for personnel of tribal law enforcement authorities, tribal courts, prosecutors and probation officers. Furthermore, tribal courts have ordered that offenders enrol in re-education programmes and tribes support programmes to encourage boys and young men to respect women;
- Body
- Special Rapporteur on the rights of indigenous peoples
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Gender
- Violence
- Person(s) affected
- Boys
- Ethnic minorities
- Girls
- Women
- Youth
- Year
- 2015
Paragraph
Rights of indigenous women and girls 2015, para. 78e
- Paragraph text
- [Recommendations to Member States] [With regard to civil and political rights, Member States should:] Consider the development of the special tribunals to ensure access to justice for indigenous women following abuses of their human rights. Such special provisions would allow for the individual needs of indigenous women to be met, the development of focal points to establish effective links with indigenous justice systems, greater recognition of specific cultural needs, as well as the accumulation of a systemic view of rights violations;
- Body
- Special Rapporteur on the rights of indigenous peoples
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Governance & Rule of Law
- Person(s) affected
- Ethnic minorities
- Women
- Year
- 2015
Paragraph
Rights of indigenous women and girls 2015, para. 78g
- Paragraph text
- [Recommendations to Member States] [With regard to civil and political rights, Member States should:] Within the context of the implementation of the Guiding Principles on Business and Human Rights and the development of national action plans on human rights and business, ensure that judicial mechanisms are the primary means by which corporate violations of the rights of women and girls are remedied; and avoid legitimizing voluntary, private forms of remedy that do not provide effective access to justice for violations of the rights of women;
- Body
- Special Rapporteur on the rights of indigenous peoples
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Gender
- Governance & Rule of Law
- Person(s) affected
- Ethnic minorities
- Girls
- Women
- Year
- 2015
Paragraph