Land is Life Brings Human Rights Concerns to the Universal Periodic Review in Geneva

While the UN climate negotiations of COP27 are under way in Sharm el-Sheikh, another notable event, the 41st session of the UN Human Rights Council’s Universal Periodic Review (UPR) is currently taking place in Geneva, Switzerland. Over this two-week session, 14 States have their human rights records examined.

The UPR is a UN process intended to improve the human rights situation in all Member States. The process, which held its first meeting in 2008, is based on a review system where States give recommendations to one another on how the human rights situation in each State should be improved. The 41st session, which is currently underway in Geneva, kicked off the UPR’s fourth cycle where States will share the actions they have taken to implement the recommendations received in the three previous review cycles.

Indigenous organizations, alongside other civil society actors and human rights institutions, have also contributed to the UPR process in order to have their perspectives included in the recommendations. Land is Life participated in several meetings prior to the 41st session, to address Indigenous rights violations of Ecuador, which is one of the 14 States under review in the current session. In its presentation at the UPR, the State of Ecuador was concealing its failure in fulfilling the human, social, cultural, economic, and collective rights of Indigenous peoples and the recommendations it had received in the previous cycles of the UPR.

Read the shadow report that CONFENIAE (the regional organization of Indigenous peoples in Ecuador) submitted to the UPR here.

Below you can find a summary of the recommendations regarding human rights of Indigenous peoples that Ecuador received from fellow States in its review.

Ensure the right of Indigenous peoples to participate in the decision-making process on matters that affect them through free, prior and informed consent (FPIC). So far, there are no cases in Ecuador where Indigenous peoples’ right to FPIC would have been properly implemented.

Put an end to the violence against Indigenous human rights defenders and establish a legal framework for their protection. Provide reparation measures for victims and their families. Indigenous defenders in Ecuador constantly face stigmatization, criminalization, repression, and violence for defending their territories. It was only a few weeks ago that a 24-year-old anti-mining activist and Indigenous defender lost her life.

Adopt effective measures to guarantee the rights of Indigenous Peoples Living in Voluntary Isolation (PIACI) over their lands, territories, natural resources and with regard to their culture and ways of life. PIACI are increasingly exposed to extremely high vulnerability. Ecuador’s two last known PIACI, the Taromenane and Tagaeri, are facing growing threats due to the expansion of extractive industries.

Adopt and implement effective policies to prevent and address the specific challenges of violence against Indigenous women and girls. Indigenous women, as leaders, knowledge-bearers and culture transmitters face discrimination and violence both for being women and for being Indigenous.

Advance the economic, social, and cultural rights of Indigenous peoples. Put an end to the extreme poverty of Indigenous peoples. Take effective measures to preserve Indigenous languages and traditions.

Take effective measures to combat all forms of discrimination, especially racism and racial discrimination against Indigenous peoples and Afro-Ecuadorians.

On Monday, it was the Philippines’ turn to have its human rights situation reviewed. According to Panaghiusa (Philippine Network to Uphold Indigenous Peoples Rights), the human rights situation of the Indigenous peoples of the Philippines has only worsened since the 3rd review cycle of the UPR. You can read Panaghiusa’s shadow report for the UPR here.

Photo: Windel Bolinget from the Cordillera Peoples’ Alliance presented Philippine Indigenous Peoples’ Recommendations to the Philippine government at a side event at the UPR. You can watch his speech here.

“The government, especially the National Task Force, continues to label our rights to land, territories, and free, prior and informed consent as ‘anti-development’ assertions. They brand Indigenous and Bangsamoro communities as ‘red and terrorist areas’, resulting in militarization, aerial strikes, and evacuation of communities. It persistently brands our leaders and organizations as terrorists. It also creates fake and false surrenders to support this ridiculous narrative. These lead to extrajudicial killings, trumped-up charges, threats, and harassment against members and leaders of national minority organizations.” – Beverly Longid, Igorot woman, Global Coordinator of IPMSDL

Below you can find a summary of the recommendations regarding human rights of Indigenous peoples that the Philippines received from fellow States in its review:

Take all necessary measures to protect the lives and rights of human rights defenders and journalists, and ensure that they can carry out their work safely, free from intimidation, harassment, red tagging, and other forms of violence. Ensure freedom of expression and media freedom. Global Witness has identified the Philippines as the third most dangerous country for human rights defenders globally.

Conduct in-depth, impartial, independent, transparent, and effective investigations of the deaths and human rights violations of human rights defenders and journalists. Take all necessary measures to prevent further extrajudicial killings, enforced disappearances or other human rights violations of defenders. Between 2016-2021, according to Panaghiusa, 126 Indigenous individuals lost their lives in extrajudicial killings, 227 were illegally arrested, 478 were illegally detained, 27 were tortured and 6 forcibly disappeared. Furthermore, 97,118 Indigenous people were forcibly evacuated from their territories.

Ensure full and meaningful participation of Indigenous peoples at all stages of development projects affecting them. Growing mining, dam construction, and agricultural plantations continuously violate Indigenous peoples’ rights to lands, self-determination, and FPIC.

Ratify the ILO Convention 169 on Indigenous and Tribal Peoples, and ensure that laws, policies, and programs aimed at protecting the rights of Indigenous peoples are effectively implemented.

Following the Philippines’ review, human rights defenders, activists, Indigenous leaders and lawyers held a protest to demonstrate that the State of Philippines had just grossly lied about its human rights situation.

“We are here to challenge the UN system and represent ourselves, our community, our people, and the real situation on the ground. The Philippine government is not representing us. Instead, they are representing the interests of the imperialists, the plunderers of Indigenous territories.” 
– Windel Bolinget, Chairperson of the
Cordillera Peoples’ Alliance