Having faced centuries of brutal conquest and colonisation many indigenous peoples worldwide live with a historical legacy – and ongoing forms – of discrimination, hostility and violence including undue restrictions on their spiritual and religious traditions, customs and ceremonies, ceremonial objects and religious and cultural sites that reportedly contravene international human rights standards. A number of State and non-State actors have led systemic and systematic efforts to forcibly remove or assimilate indigenous peoples into wider society, and/or otherwise further their experiences of inequality and exclusion, often failing or refusing to recognise their religions or spirituality,¹ including of those who see indigenous spirituality as a “worldview,” intricately tied to their environment and inseparable from their overall identities, well-being, cultures and livelihoods. “Indigenous spirituality” may refer to the diverse spiritual beliefs and practices that indigenous peoples identify as being integral to their identity as indigenous peoples, such as a distinctive spiritual relationship with traditionally owned or otherwise occupied and used lands, territories, waters and coastal seas and other natural resources. This may sometimes include or be practised in combination with other religions or belief systems.

Reports of indigenous peoples’ forced eviction from their lands or territories, frequently in the context of development and extractive projects, desecration and even destruction of their sacred sites and, in some parts of the world, violence against indigenous environmental and human rights defenders raise serious concerns for the right to freedom of religion or belief in Article 18 of the Universal Declaration of Human Rights (“UDHR”) and Article 18 of International Covenant on Civil and Political Rights (“ICCPR”) and other rights, including equality and non-discrimination.

15 years following the proclamation of the UN Declaration on the Rights of Indigenous Peoples ("UNDRIP”), even as States and civil society continue to grapple with their legacies of conquest and colonisation of indigenous peoples, this report presents a timely and important opportunity to reflect on how to better respect, protect, and promote the right of freedom of religion or belief of indigenous peoples, providing recommendations to this end. The Special Rapporteur aims to provide robust evidence-based analysis of the trends of obstacles that indigenous peoples have faced in exercising the right to freedom of religion or belief – a phenomenon that is underexplored and little understood in international human rights law – and good practices adopted by relevant stakeholders.

1- State recognition of a religion or belief is not a precondition for enjoying the right of religion or belief. However, several States have instrumentalised recognition via discriminatory and compulsory registration requirements for persons belonging to marginalised religion or belief communities, thereby infringing upon their freedom or religion or belief.

Objectives

The report shall focus on identifying both existing and emerging obstacles to the enjoyment of the right of freedom of religion or belief of indigenous peoples, often seen by indigenous peoples themselves as “spirituality,” and provide recommendations to overcome such obstacles, including measures at national, regional and international levels.

Noting the significance of the 2007 UN Declaration on the Rights of Indigenous Peoples as an instrument that articulates the rights of indigenous peoples including in relation to their spiritual and religious traditions, customs, ceremonies, and ways of life, the Special Rapporteur will examine trends, incidents and governmental actions that are incompatible with the right to freedom of religion or belief. The report will also focus on good practices by relevant stakeholders, including the positive contributions of indigenous peoples in advancing human rights and human capabilities globally. 

Using a human rights framework for his research, analysis and recommendations, he will explore cross-cutting themes and intersections with other human rights, including by adopting a gender perspective consistent with the human right framework.

Recognising the limited engagement between his mandate and indigenous peoples to date, a key objective of the report is to develop a framework for sustained engagement between indigenous peoples and the scope of work of the mandate.

Key questions and types of input/comments sought

Key Questions

The Special Rapporteur invites all interested parties (including individuals and organisations representing indigenous peoples, indigenous environmental and human rights defenders, civil society, lawyers, academics, policy experts, National Human Rights Institutions, UN agencies, international and regional organisations, and States) to provide input for this report in response to any of the questions below:

1. Engaging the human right to freedom of religion or belief:
   1. How would you describe the diverse systems of spiritual and religious traditions, customs, ceremonies and ways of life of indigenous peoples? This may include but is not limited to intersection and interplay between different religions or belief systems. Does the terminology make a difference?
   2. What is the relationship between freedom of religion or belief, as protected in Article 18 of the UDHR and Articles 18 and 27 of the ICCPR, and the UNDRIP especially but not limited to Article 12?
   3. In your opinion, is the “freedom of religion of belief” framework in international human rights law appropriate or adequate for respecting, protecting and promoting this right for indigenous peoples? How have international human rights law mechanisms, regional human rights courts and domestic courts interpreted the right of freedom of religion or belief with regards to indigenous peoples? Are there any protection gaps and, if so, how could they be overcome?
2. Mapping lived experiences of indigenous peoples:
   1. Are there laws, policies and practices that discriminate against indigenous peoples in enjoying their spiritual and religious traditions, customs and ceremonies, use and control of ceremonial objects including through repatriation, religious and cultural sites, contrary to a human right-based approach? They may include but are not limited to undue restrictions on the above; forced assimilation, forced conversion and forced removal of children; discriminatory and compulsory registration requirements; restrictions on the freedoms of association and movement; or restrictions on parents teaching their children. Are there reports of impunity for these practices?
   2. Is there any data or trends regarding other obstacles that indigenous peoples have faced based on their actual or perceived religion or spirituality? If not, why is this data not available? If so, provide details. This may include experiences of violence, hostility or discrimination (e.g. in education, employment, healthcare, housing, justice system, personal laws). How have historical injustices against indigenous peoples and external forces, such as the COVID-19 pandemic and climate change, exacerbated these challenges?
   3. Where such experiences are complex and intersectional, how do factors such as gender, sexual orientation, age, or disability or other status shape them? This may include but is not limited to violence and discrimination against Indigenous women, girls and LGBT+ persons in the name of a religion or belief system.
   4. Does commercialisation and/or homogenisation of certain indigenous peoples’ cultures, traditions, and histories affect their religion or spiritual practices?
   5. Are there any key trends or incidents of State-sponsored violence against indigenous peoples (e.g. genocidal activities, mass internment, reproductive control, forced displacement or other imposition without free, prior and informed consent, and killings)?
   6. Is there any data or trends related to the propagation of hate and hate crimes against indigenous peoples, whether online or offline, and the impact for their human rights? Examples may include: (a) specific acts of or incitement to violence or discrimination by individuals or political, vigilante, or paramilitary groups that target indigenous peoples; and (b) spreading of prejudice and negative stereotyping of indigenous peoples, including by the media, politicians, academics, and other public figures.
   7. Are there any human-rights based restrictions on traditional or cultural practices of indigenous peoples that are undertaken in the name of the religion or spirituality of indigenous peoples? 
3. Good practices:
   1. Are there any examples of good practice – whether at the international, national or local level – where State and non-State actors (including indigenous individuals, groups and organisations, the UN human rights system, international organisations, civil society organisations, religion or belief leaders and influencers) have taken effective measures to protect and promote freedom of religion or belief of indigenous peoples, including efforts to prevent, mitigate and respond to violations of the right and to revitalise their traditions and customs? Are there any positive measures to ensure effective participation of indigenous peoples in cultural, religious, social and public life, including but not limited to where indigenous peoples have organised themselves to this end and to bring an end to discrimination in all its forms.
   2. Are there any measures from international organisations, National Human Rights Institutions, civil society or others to (i) monitor and analyse practices or policies that unduly affect freedom of religion or belief of indigenous peoples; (ii) mitigate such practices and policies; and (iii) support indigenous peoples whose rights have been violated?
   3. What measures and tools have private companies, including but not limited to those in property development, extractive industries and digital technologies, adopted to ensure human rights due diligence with regard to Indigenous peoples?

How inputs will be used

All submissions will be used for the sole purpose of preparing this report. Upon completion of the report, all submissions will be published on the website of the UN Office of the High Commissioner on Human Rights, unless the submitter requests otherwise.