Background

Over recent decades, the rights of Indigenous Peoples have become a significant element of international law and policy. The coming together in solidarity with Indigenous Peoples, by civil society, international mechanisms and States at the domestic, regional and international levels, led to the adoption of the United Nations Declaration on the Rights of Indigenous Peoples, by the UN General Assembly in 2007. Despite the adoption of the afore-mentioned Declaration, Indigenous Peoples around the World, continue to be subjected to human rights violations, ranging from displacement and dispossession of their lands, territories and resources, often as a result of activities related to the extraction industry. Women and children are disproportionately impacted in such cases. The report of the Independent Expert will aim to understand Indigenous concepts and practices of solidarity and to what extent they enjoy the right to express solidarity with other tribes and groups, as well as with the environment. It will also seek to highlight examples of good practice in this regard.

The Independent Expert welcomes as much information as possible including concrete examples relating to the issues highlighted in the questionnaire with the link below in English French and Spanish.

Please provide information on the following issues/topics:

To Indigenous Peoples, CSOs and academics

1. Please indicate whether Indigenous persons belonging to your people express international solidarity and engage in networks with other Indigenous Peoples? If so, which other Indigenous Peoples do they interact with and, in which context: for example, international/regional forums and alliances (please name them and explain the mechanism for your participation); on social media/through media outlets (which ones), or other. Is there solidarity between Indigenous Peoples in the Global North and the Global South or is there fragmentation? Please explain the strengths and weaknesses of pursuing a strategy of global Indigenous solidarity.
2. Please provide information as to whether Indigenous persons express international solidarity with non-Indigenous, marginalized groups or vulnerable groups in situations of vulnerability, for example minority ethnic, religious, or political groups, and if so please name them and explain where this solidarity is expressed (e.g. through digital media, political forums, etc.)
3. Please provide information on whether Indigenous Peoples in your country express international solidarity with the environment? If so, please indicate how this is expressed and in which forums?
4. Please indicate whether Indigenous Peoples are able to present solidarity claims to international corporations that have operations in their territories? If so, please provide information on whether there are there transparent, accessible mechanisms within business mechanisms or the State?
5. Please indicate whether the State has provided recognition of Indigenous People’s collective rights to the territories and resources which they have traditionally owned, occupied, or otherwise used or acquired. Are there mechanisms to ensure the protection of Indigenous Peoples’ collective land rights, including for registration, demarcation, titling and restitution? Do Indigenous Peoples have their free, prior, and informed consent guaranteed in relation to activities in their territories or any other decisions or legislation that may affect them? Have there been any decisions by the judiciary upholding or denying Indigenous People’s collective land, other forms of collective property (such as intellectual property) related to self-determination?
6. Please indicate whether Indigenous Peoples enjoy rights to health care, education, adequate housing, and an adequate standard of living in comparison with the non-Indigenous persons within your country?
7. Would Indigenous persons from your community support the creation of an International Indigenous University to support historical, legal, political, health, or environmental studies to Indigenous Peoples from around the world?
8. Is there a solidarity relationship between local communities, peasants, and Indigenous Peoples in your country or are there divisions? What is the perceived role of the state in relation to inter-group communications. Would you have suggested solutions to improve policies? Do Indigenous persons from your community participate in a solidarity economy?
9. Do Indigenous Peoples enjoy access to Artificial Intelligence to support the protection of Indigenous Peoples’ individual and collective property (including, intellectual property to traditional knowledge and cultural expressions, including genetic resources, Indigenous medicines and others.). If so, is access to legal aid available to enforce these rights? Are Indigenous Peoples defenders in your country able to express international solidarity in the form of public protests, or are such public protests penalized?
10. Are Indigenous People subject to hate speech, stereotyping, and discrimination within the society?

To States:

1. Please indicate whether the State facilitates participation of Indigenous Peoples in regional or international forums to engage in international solidarity networks? Would the State be willing to support increased participation of Indigenous Peoples in international/regional forums?
2. Please describe how the State facilitates Indigenous Peoples with access to adequate housing, health care, and employment opportunities, as well as opportunities to engage in solidarity economies?
3. Please indicate whether the State provides Indigenous Peoples with scholarships to pursue higher education within the country or abroad? Would the State consider supporting the creation of an International Indigenous University for Indigenous Peoples to pursue history, politics, law, health, or environmental studies?
4. Please indicate whether the State has afforded Indigenous Peoples solidarity compensation for historic violations linked to colonization or structural discrimination?
5. Please describe how the State provides Indigenous Peoples with recognition of their right to collective property (real and intellectual property) as part of their enjoyment of the right to self-determination? Are legal limits placed on their enjoyment of collective land and territorial rights (such as sub-soil natural resources, security operations, etc.). Please indicated whether the judiciary has issued decisions upholding or denying Indigenous claims to collective land territorial rights? Does the State uphold the principle of free, prior, and informed consent of the Indigenous People regarding activities in their territories or any other decisions that may affect them? Does the State provide redress through effective mechanisms, which may include restitution, developed in conjunction with Indigenous Peoples, with respect to their cultural, intellectual, religious and spiritual property taken without their free, prior and informed consent or in violation of their laws, traditions and customs?
6. Please indicate whether the State provides transparent accessible measures for presentation by Indigenous Peoples of solidarity demands regarding extractive mining or other type of operation in their territories?
7. Please indicate whether the State supports solidarity between Indigenous People and the environment in policy and practice?
8. Does the State consider there to be solidarity or competition between Indigenous Peoples and local communities or peasants? Which policies has the State pursued to improve communications between societal groups and Indigenous Peoples?
9. Has the State provided transitional justice mechanisms to provide compensation for atrocity crimes and other violations of human rights in the past?
10. Please indicate whether the State respects the right of Indigenous Peoples to express international solidarity in the form of public protests or is participation in such protests penalized?
11. Please describe any measures that have been taken by the State to supports the dissemination of non-discrimination campaigns to promote solidarity with Indigenous Peoples and to prevent incitement to discrimination, hostility or violence.