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Historical and ongoing discrimination threatens spiritual, cultural and physical survival of indigenous peoples says UN report

25 October 2022

NEW YORK (25 October 2022) – Historical and ongoing discrimination, violence and hostility threaten the spiritual, cultural and even physical survival of indigenous peoples and violate their right to freedom of religion or belief, a landmark UN report concluded today.

“Severe, systematic, and systemic discrimination and marginalisation affect indigenous peoples’ ability to survive, let alone thrive—by exercising their innermost religious or belief convictions,” said the report presented to the General Assembly by the UN Special Rapporteur on freedom of religion or belief.

It explored "indigenous spirituality" as a typically nature-based "way of life," documented experiences of affected rights-holders—from forced displacement to environmental destruction—and proposed recommendations to protect and promote the freedom of religion or belief of indigenous peoples, consistent with international law.

While States restrict their sacred ceremonies, languages and transmission of traditional knowledge, beyond this, indigenous people face challenges for exercising their freedom of religion or belief by their forced assimilation and displacement, violence against indigenous environmental and human rights defenders and destruction of sacred sites, the report said.

“Given their inextricable relationship between the land and the sacred, many indigenous peoples believe that restricting access to and use of ancestral territories is tantamount to prohibiting spiritual experiences,” the report said.

It also observed that while indigenous peoples are disproportionately vulnerable to environmental crises, including climate change, many are uniquely positioned as traditional custodians of nature to use their spiritual and traditional knowledge to sustain it.  

“While Article 18 of the International Covenant on Civil and Political Rights protects followers of every religion or belief system, a frequently recurring question […] is whether its application has been adequate or appropriate for indigenous peoples,” the report said.   

The report was guided by the UN Declaration on the Rights of Indigenous Peoples and extensive consultations with rights-holders worldwide in developing “a framework for productive, sustained exchange.” It delivers practical recommendations to States and other key actors to better protect the right to freedom of religion or belief of indigenous peoples. 

The report was pioneered and produced by Professor Ahmed Shaheed as his final report to the UN General Assembly as Special Rapporteur on freedom of religion or belief and presented to the General Assembly by his successor, Dr. Nazila Ghanea.   

ENDS

In July 2022, the Human Rights Council appointed Dr. Nazila Ghanea of the Islamic Republic of Iran as the Special Rapporteur on freedom of religion or belief, and she took up the mandate on 1 August 2022. Dr. Ghanea is Professor of International Human Rights Law and Director of the MSc in International Human Rights Law at the University of Oxford. She has researched and published widely in international human rights law, including on freedom of religion or belief, and served as consultant to numerous agencies.

The Special Rapporteurs are part of what is known as the Special Procedures of the Human Rights Council. Special Procedures, the largest body of independent experts in the UN Human Rights system, is the general name of the Council's independent fact-finding and monitoring mechanisms that address either specific country situations or thematic issues in all parts of the world. Special Procedures experts work on a voluntary basis; they are not UN staff and do not receive a salary for their work. They are independent from any government or organisation and serve in their individual capacity.

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