Pursuant to Human Rights Council resolution 33/25, during its fifteenth session in 2022, the Expert Mechanism confirmed its decision to prepare a study on the impact of militarization on the rights of Indigenous Peoples. Previously, at its fourteenth session, in 2021, the Expert Mechanism decided to prepare a report on the militarization of Indigenous land. At its fifteenth session, the Expert Mechanism postponed the report and decided to pursue the present study. The present study will focus on the impact of militarization on Indigenous Peoples’ rights more broadly, not just the right to land. Please note that inputs submitted in the context of the previous call for submissions will be considered. You are also invited to complement it due to the current broader scope.

Objectives

The purpose of this study is to assess the impact militarization has on the rights of Indigenous Peoples. The study will address the impact of militarization on the rights of Indigenous Peoples, including, but not limited to, rights contained within the Declaration, particularly, Article 30. Article 30.1 of UNDRIP states that “Military activities shall not take place in the lands or territories of Indigenous Peoples, unless justified by a relevant public interest or otherwise freely agreed with or requested by the Indigenous Peoples concerned.” Article 30.2 further explains that “States shall undertake effective consultations with the Indigenous Peoples concerned, through appropriate procedures and in particular through their representative institutions, prior to using their lands or territories for military activities.”  The purpose of this study is to assess the extent to which militarization has impacted the national implementation and consideration of the above and other Articles.

Key questions and types of input/comments sought

Submissions should be sent by e-mail to ohchr-expertmechanism@un.org no later than 31 January 2023, in English, French, Spanish or Russian, in WORD format and no longer than 5 pages. Submissions should focus on the themes contained in the below concept note

• Concept note: English | Français | Español | Русский

How inputs will be used

A draft study will be introduced by the Expert Mechanism at its 16th annual session, due to take place in July 2023, after which it will be finalized and presented to the Human Rights Council at its fifty-fourth session in September 2023. The Expert Mechanism hereby requests contributions from Indigenous Peoples, States, National Human Rights Institutions, academics, and other stakeholders for this study. Please note whether the submission is confidential and should not be shared publicly.