H.89 - Restitution of indigenous rights and protection against all forms of violence

H.89 - Restitution of indigenous rights and protection against all forms of violence
Adopt, in conjunction with indigenous peoples, the measures needed to ensure that indigenous women, boys, girls, adolescents and young people enjoy protection from and full guarantees against all forms of violence and discrimination, and take measures to ensure the restitution of rights.
Priority measure number
89

Comments

The design of actions must take into account: (i) the conceptualization of violence from the perspective of indigenous women, including such concepts as structural violence, spiritual violence, violence against Mother Earth, and healing processes; (ii) the formulation of diagnostic studies and programmes defined by indigenous women and peoples, incorporating indigenous girls, boys and young people, and work with the ancestral and traditional community authorities; (iii) the processes of empowering indigenous women, who are central to addressing situations of violence, preserving practices and beliefs that they deem positive, and challenging those they consider harmful; and (vi) the intersection between individual rights and collective rights, and indigenous and State justice systems, and the construction of legal pluralism.

Related instruments, forums and mechanisms

This matter is covered by the instruments on minimum standards of rights of indigenous peoples (United Nations Declaration on the Rights of Indigenous Peoples and ILO Convention 169), for which specialized mechanisms exist as described under priority measure 85.

In the outcome of the World Conference on Indigenous Peoples, States undertook to intensify their efforts, “in cooperation with indigenous peoples, to prevent and eliminate all forms of violence and discrimination against indigenous peoples and individuals, in particular women, children, youth, older persons and persons with disabilities, by strengthening legal, policy and institutional frameworks” (article 18), for which purpose a plan of action is being prepared.

 At the national level, this topic is covered in part by the Regional Conference on Women in Latin America and the Caribbean: article 80 of the Santo Domingo Consensus makes explicit mention of indigenous women.

Notwithstanding the foregoing, the following priority measures explicitly include the particular situation of indigenous persons: priority measure 16 on guaranteeing a life free from violence for boys, girls, adolescents and young people; priority measures 22 and 23 (chapter C on ageing), the first calling for eradication of all forms of discrimination that affect older persons, including all forms of violence, and the second dealing with the establishment of programmes to tackle violence against older persons in the public and private spheres, and the priority measures of chapter E on gender equality —measures 56, 57, 58 and 65—, which call for various actions to eradicate all forms of violence against women.

Topic
H. Indigenous people