A pending debt: the effective protection of indigenous peoples
The rights of indigenous peoples have been systematically violated for centuries. This situation condemns them to marginalisation and discrimination. Making up only 6% of the world’s population, indigenous peoples account for around 19% of the extremely poor population. According to the United Nations, it is estimated that their life expectancy can be up to 20 years less than non-indigenous people worldwide.
On 23 December 1994, the United Nations General Assembly, through resolution A/RES/49/2014, considering the need for improvement of the economic, social and cultural situation of indigenous people and convinced that the development of indigenous people would contribute to the socio-economic, cultural and environmental advancement of all countries of the world, established a permanent forum for indigenous people at the United Nations, and proclaimed 9 August as the International Day of the World’s Indigenous People. The date was established as it commemorates the first meeting in 1982 of the Working Group on Indigenous Populations of the Sub-Commission on Prevention of Discrimination and Protection of Minorities. This year the commemoration will take place through a virtual event and the theme will be “Protecting the rights of indigenous peoples in voluntary isolation and initial contact”.
However, despite advances in their rights, indigenous peoples often lack formal recognition of their lands. They are often the last to receive public funding for basic services and infrastructure, their access to justice is hindered, as is their ability to take part in political processes and decision-making.
Centuries of marginalisation deepen the vulnerabilities of these groups and limit their access to education, health care and digital communications. In addition, the rapid growth of agriculture, mining, tourism and the plundering of natural resources is affecting their territories, leaving areas deforested, polluted and ultimately destroying their natural environments. Indigenous peoples have a very close and dependent relationship with their ecological environment, both physical and spiritual, and changes in, or destruction of, their natural habitat can have a very negative impact on their way of life and survival.
Among the most vulnerable groups are women, girls and boys. In particular, women have the highest rate of maternal mortality, teenage pregnancy, sexually transmitted diseases and a higher likelihood of violence. According to data provided by Amnesty International, indigenous women living in Panama or Russia are up to 6 times more likely to die in childbirth, Maasai women in Kenya are twice as likely to go without prenatal care, and in Namibia, they are up to 10 times more likely to give birth without the necessary skilled care.
Indigenous peoples, along with activists, have been demanding respect for their human rights for decades, but it was not until 2007 that the United Nations adopted the UN Declaration on the Rights of Indigenous Peoples. After decades of negotiations between states and indigenous peoples, this document established a series of collective and individual rights to ensure full equality. It should be noted that the Declaration of Human Rights was adopted in 1948, and it took 59 years for the rights of indigenous peoples to be fully recognised.
It seems that in recent years there is, at least, a claim for the protection of these minorities, although the current data show a need for increased protection and respect for their human rights.
In the regional sphere, in recent years and as a result of the struggle of indigenous peoples, legal documents for international protection have been developed. The Inter-American System for the Protection of Human Rights has contributed to the right to identity of indigenous peoples, the protection of indigenous communal property, the development of indigenous consultation and participation in the political process. For its part, the African Commission on Human Rights has generated pioneering jurisprudence in the field of indigenous peoples’ rights, establishing, among other things, the African Charter on Human and Peoples’ Rights.
From FIBGAR, we are faithfully committed to respecting the human rights of minorities and the effective fulfilment of the 2030 Agenda and its Sustainable Development Goals, effectively ensuring that no one is left behind in the process. Therefore, during the year 2023 we developed a free online course called “Guardians of the planet: the rights of indigenous peoples” trying to fill the existing gap in matters related to the current situation of indigenous peoples. The course features interviews with people from indigenous communities, as well as 6 modules that analyse the history, the evolution of their rights and their current challenges and achievements. The course is available here.
Carmen Coleto Martínez, Junior Project Manager.
9 August 2024
