On September 25, 2024, Mattia Tosato, PCI International Representative at the UN in Geneva, attended several key events during the 57th session of the United Nations Human Rights Council.

These events included a side event on the situation of human rights for Indigenous Peoples in Colombia and a panel discussion on the implementation of the United Nations Declaration on the Rights of Indigenous Peoples (UNDRIP).

Side Event: The Situation of Human Rights for Indigenous Peoples in Colombia

This side event focused on the ongoing humanitarian crisis facing Indigenous communities in Colombia, with a particular emphasis on vulnerable groups, including women and LGTBI individuals.

Key Points from the Discussion:

  • Clara Ávila described the severe humanitarian situation noting the unique challenges faced by women and LGTBI individuals amid continuing violence.
  • Deyanira Soscué, an Indigenous leader, emphasized that despite the formal end of the armed conflict, violence persists, driven mainly by armed groups. She also pointed to the lack of reparations for the damage caused by extractive industries operating in Indigenous territories.
  • Ana Ochoa Arias discussed the progress in Colombia’s Special Jurisdiction for Peace (JEP), particularly in cases 9 and 5, but highlighted the need for greater action. She reminded attendees that over 63,000 people have disappeared, reflecting the deep scars of the conflict.
  • José Francisco Calí Tzay, UN Special Rapporteur on the Rights of Indigenous Peoples, condemned the presence of antipersonnel mines in Indigenous territories, which cause death and mutilation while serving as tools of intimidation. He stressed the importance of recognising Indigenous peoples as full citizens of Colombia, with their specific rights respected.

Half-Day Panel Discussion and Interactive Dialogue on the Rights of Indigenous Peoples

The panel discussion, focused on the implementation of UNDRIP, particularly Article 38, which requires States to take measures to achieve the ends of the Declaration through laws, policies, and judicial decisions.

Key Points from the Panel and Interactive Dialogue:

  • Ms. Ilze Brands Kehris, United Nations Assistant Secretary-General for Human Rights, called for a holistic, ongoing approach by States to ensure the full realisation of Indigenous rights, particularly in the face of climate change.
  • Ms. Valmaine Toki, Chair of the Expert Mechanism on the Rights of Indigenous Peoples, highlighted gaps in legislation and stressed the importance of meaningful consultations with Indigenous communities, particularly concerning land rights, cultural heritage, and environmental protections.
  • Mr. José Francisco Calí Tzay, Special Rapporteur on the Rights of Indigenous Peoples, discussed the global challenges Indigenous communities continue to face and the need for stronger legal protections.
  • Ms. Ana Manuela Ochoa Arias, Judge of the Special Tribunal for Peace (Colombia), addressed the role of transitional justice in safeguarding Indigenous rights during Colombia’s peace process.
  • Mr. Donald Nicholls, Director of Justice and Correctional Services of the Cree Nation Government (Canada), shared insights on Indigenous justice and governance systems in Canada.

Statements from Various Countries:

  • The European Union reaffirmed its commitment to promoting Indigenous rights in line with UNDRIP, particularly highlighting the disproportionate impact of climate change on Indigenous communities. The EU called for continuous efforts by States to meet their obligations under Article 38.
  • Ukraine raised concerns about the plight of the Tatar community in Crimea.
  • Spain discussed its cooperation on projects supporting Indigenous populations.
  • Canada issued an apology for the historical mistreatment of Indigenous peoples, reflecting on its ongoing efforts towards reconciliation.
  • The United States, referenced the publication of the second volume of the Federal Indian Boarding School Initiative Investigative Report, which focused on assimilationist boarding schools, and called for healing and redress. The United States also emphasized the importance of ensuring the inclusion of women, LGBTQI+, gender-diverse, and Two-Spirit Indigenous persons in policies related to Indigenous Peoples.
  • The Nordic-Baltic countries, represented by Estonia, cited legislative examples from their region, such as the Act on Greenland Self-Government (Denmark/Greenland), the 2022 Act on consultation with the Sami people (Sweden), the Sami Act (Norway), and a proposal to renew the Act on the Sámi Parliament (Finland). The Nordic-Baltic countries reaffirmed their support for UNDRIP and asked how States can raise awareness about the need for legislative measures to further achieve the ends of the Declaration.

The Expert Mechanism’s annual report (A/HRC/57/62) analysed constitutions, laws, legislation, policies, judicial decisions, and other mechanisms through which States have taken action to achieve the Declaration’s goals. The report also identified persistent challenges that hinder the full implementation of UNDRIP. The report reviewed recent legal frameworks and policy decisions and highlighted examples where States, in conjunction with Indigenous Peoples, have implemented measures to meet the goals of UNDRIP. It also identified significant challenges and barriers, including gaps in legislation, limited consultation with Indigenous communities, and a lack of comprehensive legal frameworks to safeguard Indigenous rights.

The Human Rights Council report (A/HRC/57/25) highlighted critical issues related to Indigenous Peoples’ rights. It raised concerns about the lack of free, prior, and informed consent (FPIC) in large-scale development projects affecting Indigenous territories, which continues to be a significant violation of Indigenous rights.

Some interesting issues:

  • Human rights mechanisms have repeatedly stressed the importance of FPIC for Indigenous Peoples when projects impact their lands and resources. Without proper legal recognition or respect for Indigenous self-identification, communities are often excluded from critical decision-making processes regarding their territories, cultures, and livelihoods.
  • Several cases were highlighted where States failed to recognise Indigenous communities within their borders, preventing them from exercising their collective rights. Discrimination, underrepresentation in public institutions, and intimidation of Indigenous representatives further exacerbated their exclusion.
  • The report raised alarms about the environmental degradation caused by large-scale projects conducted without FPIC. Examples included heavy metal contamination, air and water pollution, river diversions, and the destruction of forests, all of which disproportionately harm Indigenous health, livelihoods, and traditional ways of life.
  • In some instances, private companies continued operations in Indigenous territories despite official orders to halt activities, exacerbating environmental damage and undermining Indigenous rights.