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Overview of the activities carried during the first three-year term of the mandate 2011, para. 241
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- We are committed to promote the equal access of women and girls to education, basic services, economic opportunities and health-care services, including addressing women's sexual and reproductive health, and ensuring universal access to safe, effective, affordable and acceptable modern methods of family planning. In this regard, we reaffirm our commitment to implement the Programme of Action of the International Conference on Population and Development and the key actions for the further implementation of the Programme of Action.
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Overview of the activities carried during the first three-year term of the mandate 2011, para. 238
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- We resolve to unlock the potential of women as drivers of sustainable development, including through the repeal of discriminatory laws and the removal of formal barriers, ensuring equal access to justice and legal support, the reform of institutions to ensure competence and capacity for gender mainstreaming and the development and adoption of innovative and special approaches to address informal, harmful practices that act as barriers to gender equality. In this regard, we commit to creating an enabling environment for improving the situation of women and girls everywhere, particularly in rural areas and local communities and among indigenous peoples and ethnic minorities.
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Violence against indigenous women and girls; rights of indigenous peoples in relation to extractive industries 2012, para. 21
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- The issue of violence against indigenous women and girls has arisen in the context of the Special Rapporteur's country visits, in particular to the United States, and in his examination of specific cases. It was also the subject of the expert seminar convened by Permanent Forum on Indigenous Issues referred to above, in which the Special Rapporteur participated (see para. 6). The expert seminar took as its point of departure article 22 of the United Nations Declaration on the Rights of Indigenous Peoples, under which States are to "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".
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Violence against indigenous women and girls; rights of indigenous peoples in relation to extractive industries 2012, para. 78
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- A holistic approach to combating violence against indigenous women and girls requires that both their rights as women and children, and their rights as indigenous peoples, be advanced. More broadly, the rights enshrined in the United Nations Declaration on the Rights of Indigenous Peoples, which are designed to remedy the continuing legacies of discrimination against indigenous peoples, should be advanced concurrently with programmes that are designed specifically to target violence against women and girls, to tackle the structural problems affecting indigenous peoples that contribute to violence against women and girls. Lastly, indigenous self-determination in particular must be enhanced, along with efforts that are designed to prevent and punish violence against indigenous women and girls.
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Violence against indigenous women and girls; rights of indigenous peoples in relation to extractive industries 2012, para. 33
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- Third, there is a need for indigenous peoples themselves to continue to strengthen their own organizational and local governance capacity, and their own justice institutions, to meet the challenges faced by their communities. Indigenous peoples have a responsibility to work to rebuild strong and healthy relationships within their families and communities, and to take concerted measures to address social ills where these exist. Within their households, their communities and the broader people of which they are a part, indigenous peoples must challenge and combat any existing patriarchal social structures, continued attitudes of superiority of men over women and supposed justifications based on culture for battering or discriminating against women. In this connection, indigenous peoples must make concerted efforts to strengthen their own traditional justice systems, where these fall short of providing effective remedies to punish and prevent violence against indigenous women and girls in accordance with relevant human rights standards.
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Violence against indigenous women and girls; rights of indigenous peoples in relation to extractive industries 2012, para. 28
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- Combating violence against indigenous women and girls therefore requires remedying the structural legacies of colonialism and discrimination that indigenous peoples have faced. This includes advancing the range of rights guaranteed for indigenous peoples, most prominently those enshrined in the United Nations Declaration on the Rights of Indigenous Peoples. The Special Rapporteur observes that the standards affirmed in the Declaration share an essentially remedial character, seeking to redress the systemic obstacles and discrimination that indigenous peoples have faced in their enjoyment of basic human rights. From this perspective, it is important to note that the Declaration does not seek to bestow indigenous peoples with a set of special or new human rights, but rather provides a contextualized elaboration of general human rights principles and rights as they relate to the specific historical, cultural and social circumstances of indigenous peoples, including the situation of indigenous women and girls.
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Violence against indigenous women and girls; rights of indigenous peoples in relation to extractive industries 2012, para. 23
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- Throughout his work, the Special Rapporteur has heard compelling stories of suffering of indigenous women and girls caused by violence, and inspiring stories of perseverance and of steps to overcome that suffering.
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Violence against indigenous women and girls; rights of indigenous peoples in relation to extractive industries 2012, para. 30
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- In this connection, the Special Rapporteur would like to mention three specific ways in which indigenous self-determination may be enhanced in the context of combating violence against women and girls. While the following points are, of course, not exhaustive, they provide some reflections on the measures needed by States and indigenous peoples themselves to address concerns in this regard.
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Violence against indigenous women and girls; rights of indigenous peoples in relation to extractive industries 2012, para. 29
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- A holistic approach to combating violence against women and girls therefore should include, in accordance with the United Nations Declaration on the Rights of Indigenous Peoples, advancing indigenous peoples' autonomy and self-governance (articles 5 and 18); strengthening indigenous peoples' traditional justice systems (articles 34 and 35); increasing indigenous peoples' access to justice (article 40); and improving indigenous peoples' economic and social conditions (article 21). Stated comprehensively, tackling violence against indigenous women must in some way go along with advancing indigenous peoples' self-determination. As Special Rapporteur and others have stressed, the right to self-determination, which is affirmed for indigenous peoples in article 3 of the United Nations Declaration on the Rights of Indigenous Peoples, is a foundational right, without which the full range of indigenous peoples' human rights, both collective and individual, cannot be fully enjoyed. Enhancing indigenous self-determination is conducive to successful practical outcomes; studies have shown that indigenous peoples who effectively manage their own affairs tend to fare better across a range of indicators than those who do not.
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Violence against indigenous women and girls; rights of indigenous peoples in relation to extractive industries 2012, para. 27
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- In a similar vein, combating violence against women and girls in the indigenous context must be achieved holistically; it cannot be addressed in isolation from the range of rights recognized for indigenous peoples in general. In this regard, violence against indigenous women and girls, which is distressingly all too common across the globe, cannot be seen as separate from the history of discrimination and marginalization that has been suffered invariably by indigenous peoples. This history manifests itself in continued troubling structural factors, such as conditions of poverty, lack of access to land and resources or other means of subsistence, or poor access to education and health services, which are all factors that bear on indigenous peoples with particular consequences for indigenous women. The history of discrimination against indigenous peoples has also resulted in the deterioration of indigenous social structures and cultural traditions, and in the undermining or breakdown of indigenous governance and judicial systems, impairing in many cases the ability of indigenous peoples to respond effectively to problems of violence against women and girls within their communities.
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Rights of indigenous peoples, including their economic, social and cultural rights in the post-2015 development framework 2014, para. 71
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- When looking at available socioeconomic data disaggregated by ethnicity and gender, there is no doubt that indigenous women experience particular and interrelated forms of discrimination because of their indigenous identity and their gender. Gender-based discrimination is a sad reality in most countries, and it is also found within some indigenous societies where, for example, women may not traditionally have participated in governance institutions or where girls are not encouraged to study. In short, many indigenous women still face additional gender-based discrimination, which leads to disadvantages, marginalization and, in extreme cases, to violence, physical mutilation, trafficking, prostitution and restricted access to justice. On the other hand, there is ample documentation of the strong and crucial roles played by indigenous women in many areas of life, including food production, biodiversity conservation, climate change adaptation, transmission of languages, culture and knowledge, conflict resolution and peacekeeping.
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Ongoing obstacles to the full realization of indigenous peoples’ rights; vision for the mandate 2014, para. 52
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- [Clearly, existing and future economic investment and trade agreements and treaties, as well as conventions on the environment and on culture, have a direct impact on the economic, social, environmental and cultural rights of indigenous peoples. There are numerous issues that merit thematic attention. Nevertheless, in order to maximize the impact of her investigations, the Special Rapporteur intends to focus her efforts over the next three years of her mandate on issues surrounding economic, social, cultural and environmental rights of indigenous peoples, which could include, but are not limited to, the following:] Economic and social rights and other human rights issues regarding indigenous women and children in various settings, such as migration, trafficking of women and girls, violent conflicts, the informal economy, child labour, etc.;
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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;
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Rights of indigenous women and girls 2015, para. 77g
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- [Recommendations to Member States] [With regard to economic, social and cultural rights, Member States should:] When developing initiatives to improve the economic, social and cultural rights, pro-actively engage with indigenous women and girls and other members of indigenous communities on how best to meet their needs; apply the principle of free, prior and informed consent to the development of all laws, policies and programmes;
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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;
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Rights of indigenous women and girls 2015, para. 48
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- The variety of forms of sexual violence reflects, to some extent, the different experiences of indigenous women and girls around the world. It also reflects the multidimensional ways in which indigenous women are vulnerable to violence and the severe threat of revictimization.
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Rights of indigenous women and girls 2015, para. 79g
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- [Recommendations to Member States] [With regard to violence against indigenous women and girls, Member States should:] Build the capacity of female indigenous leaders to advocate for the rights of women and girls to freedom from violence within indigenous communities;
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Rights of indigenous women and girls 2015, para. 78f
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- [Recommendations to Member States] [With regard to civil and political rights, Member States should:] Provide legal aid, interpretation and translation services, and culturally sensitive information about their rights and available remedies to all indigenous women and girls;
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Rights of indigenous women and girls 2015, para. 79f
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- [Recommendations to Member States] [With regard to violence against indigenous women and girls, Member States should:] In engagement with indigenous women and girls and building on existing good practice, develop more comprehensive anti-violence and recovery programmes within indigenous communities;
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Rights of indigenous women and girls 2015, para. 37
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- Indigenous women and girls experience racism and racial discrimination as members of indigenous communities. Such violations of their rights also increase their vulnerability to other human rights abuses, as they are part of the intersecting forms of discrimination and inequality that they face.
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Rights of indigenous women and girls 2015, para. 77c
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- [Recommendations to Member States] [With regard to economic, social and cultural rights, Member States should:] Pay particular attention to providing a range of sexual and reproductive health services to indigenous women and girls, with their free, prior and informed consent;
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Rights of indigenous women and girls 2015, para. 79h
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- [Recommendations to Member States] [With regard to violence against indigenous women and girls, Member States should:] Invest in research into the root causes of domestic violence against women in indigenous communities and design preventive and recovery programmes;
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Rights of indigenous women and girls 2015, para. 53a
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- [Examples of violence against women in a military context include the following:] In Colombia, indigenous women and girls are commonly subjected to patterns of rape, forced prostitution and exploitation in the context of occupation of indigenous land;
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Rights of indigenous women and girls 2015, para. 52
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- As noted by the Rapporteur on the Rights of Women of the Inter-American Commission on Human Rights, the situation of indigenous women and girls is particularly critical in the context of armed conflict, given that they are already exposed to multiple forms of discrimination. That again shows the impact that intersecting forms of inequality and discrimination can have on indigenous women.
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Rights of indigenous women and girls 2015, para. 79d
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- [Recommendations to Member States] [With regard to violence against indigenous women and girls, Member States should:] Ensure that all forms of violence against women, including female genital mutilation and child marriage, are included as violations within criminal law;
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Rights of indigenous women and girls 2015, para. 82
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- [Recommendations to United Nations organizations and mechanisms] In the context of this increasing attention to indigenous peoples, the Special Rapporteur recommends that the Committee on the Elimination of Discrimination against Women develop a general comment on the rights on indigenous women and girls.
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Rights of indigenous women and girls 2015, para. 85d
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- [Recommendations to United Nations organizations and mechanisms] [United Nations organizations and mechanisms should:] Ensure that the concerns of indigenous women and girls are included within the post-2015 framework;
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Rights of indigenous women and girls 2015, para. 10
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- 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.
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Rights of indigenous women and girls 2015, para. 35
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- Abuses of indigenous people's cultural rights are endemic, owing to a sustained unwillingness on the part of many States to celebrate indigenous culture or to promote the use of indigenous languages in schools as part of the cultural diversity of citizens within their borders. That has a cross-cutting effect on the rights of indigenous women and children. Lack of respect for indigenous cultures is evident across all violations of indigenous peoples and is a fundamental part of the experiences of indigenous women and girls. The commodification of the cultures and cultural heritage of indigenous peoples is a common experience for many indigenous peoples. For example, indigenous territories have been declared World Heritage Sites without their free, prior and informed consent, thereby turning them into tourist areas. In most cases, the people who reap the biggest benefits are foreign or national travel and tour agencies or hotel owners. In those cases, indigenous women often end up as menial employees or entertainers for tourists. At worst, prostitution is encouraged and criminal syndicates promote trafficking of indigenous women and girls.
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Rights of indigenous women and girls 2015, para. 54
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- As discussed by the Special Rapporteur on violence against women, its causes and consequences in her 2007 thematic report, culture-based identity politics can be used to justify violence against women in the name of traditional practices and/or values. Practices commonly carried out in the name of tradition, such as female gender mutilation and child marriage, impact some but not all indigenous communities. The fact that those traditional practices cut across religious, geographical and ethnic characteristics demonstrate that there are multidimensional causal factors and that no one factor attributed to the identity of women makes them vulnerable. Violations suffered by indigenous women and girls must be viewed within the context of the broad spectrum of violations experienced and their specific vulnerabilities as members of indigenous communities.
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