United Nations Permanent Forum on Indigenous Issues (UNPFII) session focuses on the criminalization of Indigenous land defenders

Published by Brent Patterson on April 19, 2024April 19, 2024

The Mongabay web-news portal reports:

“[The] rise in criminalization [was] the key focus of a report released this week at the UN Permanent Forum on Indigenous Issues, or UNPFII, the largest gathering of Indigenous activists, policymakers, and leaders in the world.

‘It’s a very serious concern because the Indigenous people who have been resisting the taking over of their lands and territories, they are the ones who most commonly face these charges and criminalization,’ Victoria Tauli-Corpuz, former United Nations Special Rapporteur on the Rights of Indigenous Peoples told a packed panel on the topic on Tuesday.

The report ‘Criminalization of Indigenous Peoples’ human rights’ lays out the mechanisms by which Indigenous peoples around the world are increasingly facing criminalization and violations of their rights with impunity. Indigenous land, subsistence and governance rights are often poorly implemented if at all, leading to violations when they intersect with government and third party interests, especially in extractive industries and conservation. In addition to historical discrimination, a lack of access to justice for Indigenous rights holders—including environmental and human rights defenders, journalists, and communities—leads to higher rates of arrests and incarcerations. The report provides recommendations for UN bodies, states, and other relevant actors to better address this growing threat.

The use of criminal law to punish and dissuade people from protesting or speaking out is typically the way people understand criminalization, said Fergus Mackay, a Senior Legal Counsel and Policy Advisor to Indigenous Peoples Rights International (IPRI), an organization that works to protect Indigenous peoples’ rights. But the bulk of criminalization Indigenous peoples face actually stems from the inadequate recognition or non-recognition of their rights by governments.

Criminalization comes with serious consequences. In 2021, of the 200 land and environmental defenders killed worldwide, more than 40% were Indigenous. According to IPRI, which was founded in part to address the growing concern over criminalization of Indigenous peoples, despite representing only 6% of the global population, Indigenous defenders suffered nearly 20% of attacks between 2015 and 2022 and were much more likely to experience violent attacks.

Indigenous journalists were included in this year’s report as being increasingly at risk of criminalization.”

The full article can be read at UN puts spotlight on attacks against Indigenous land defenders (by Sarah Sax, April 18, 2024).

Examples from Canada noted in the Mongabay article:

– “In Canada, First Nations fishermen are being arrested and harassed by federal fisheries officers for fishing–rights protected by treaty.” Further reading: Treatment of Mi’kmaw fishers by federal DFO officers compared to Starlight Tour violence by Saskatoon police (PBI-Canada article)

– “In Canada, dozens of members of the Wet’suwet’en First Nation, who have long protested the creation of the Coastal GasLink pipeline that will cross their unceded territory, have been arrested and await trial in Canada. That trial is currently on hold because of allegations of excessive force and harassment by the police.” Further reading: Twelve concerning things we learned about the RCMP C-IRG during the first week of the abuse of process hearing (PBI-Canada article)

– “Brandi Morin, an award-winning Cree/Iroquois/French journalist from Treaty 6 territory in Alberta was arrested while covering an Indigenous-led homeless encampment in Edmonton.” Further reading: Charges withdrawn against journalist arrested at Edmonton homeless encampment protest (Edmonton Journal)

This week, APTN also reported: “Representatives of the Wolastoqey Nation in New Brunswick [were at the United Nations in New York for the 23^rd session of the UN Permanent Forum on Indigenous Issues and] said the criminalization of Indigenous Peoples in Canada and around the world must be addressed. ‘One of the topics here is the criminalization of Indigenous rights so it’s perfect timing we want to bring attention to it,’ said Nicholas Paul. ‘We shouldn’t have to go to court to have make the government obey its own courts.’” Further reading: Crown asks New Brunswick judge to stay charges against Indigenous lobster fisherman (Canadian Press article)

APTN further noted: “United Nations delegates take aim at Canadian government, mining companies: According to Amazon Watch, 37 Canadian mining companies operating in nine countries have human rights complaints and destroyed the environment”.

And the Williams Lake Tribune reported: “Tŝilhqot’in mark 10th anniversary of title win at UN forum in New York”.

In this new United Nations report ‘Criminalization of Indigenous Peoples’ human rights’ examples from Canada are referenced in points 6, footnote 24; 13, footnote 42; 14, footnote 45; and 28, footnote 85.