International Day of the World's Indigenous Peoples: Challenges in Securing Indigenous Women's Rights

11-08-2023

Roza Cseby

Women’s Rights Researcher, 

Global Human Rights Defence.

Since 1994, every 9th of August, the global community observes the International Day of the World's Indigenous People, established through a resolution by the United Nations General Assembly. The date marks the first gathering of the UN Working Group on Indigenous Populations in 1982 (United Nations, 2023/a). This year’s International Day is dedicated to indigenous youth, recognised as “the agents of change for self-determination” and revendicates the role that indigenous youth must occupy in decision-making while acknowledging their committed endeavours in addressing climate change, seeking justice for their communities, and fostering intergenerational bonds that safeguard their cultural heritage and traditions (United Nations, 2023/b). 

On this day, the international community always reiterates the special measures required to be taken to protect indigenous women’s and girls’ rights, calling them the most disadvantaged and vulnerable people in the world since they are even more disproportionately affected by discrimination and violence and human rights violations than their male counterparts. For example, they face disproportionately high rates of poverty, domestic violence and sexual abuse, including in the contexts of trafficking and armed conflict, and suffer from the lack of access to education, health care and ancestral lands (UNFPII, 2010). Moreover, despite numerous international and regional conventions defending their rights, indigenous women more frequently encounter obstacles when seeking justice than their male counterparts or non-indigenous women due to biases, societal labels, language challenges, intersectional forms of discrimination and the distress of potential retraumatization. The high level of impunity and the reluctance of many states to adopt international human rights conventions poses a significant obstacle in addressing indigenous women’s rights violations (UNPFII, 2010; Human Rights Council, 2022)

International and Regional Frameworks on Indigenous Women’s Rights

At the international level, the two major legal instruments addressing Indigenous women’s rights are the Indigenous and Tribal Peoples Convention (No. 169), adopted in 1989 by the International Labour Organization (ILO) and the United Nations Declaration on the Rights of Indigenous Peoples (UNDRIP), adopted in 2007. Both emphasise the special protection of indigenous women and girls against violence and discrimination and the importance to provide them equal opportunities and equal treatment in employment (UNGA, 2007, Art. 21(2), 22; ILO, 1989, Art. 20(3)). 

At the regional level, the American Declaration on the Rights of Indigenous Peoples (2016) explicitly focuses on the rights of Indigenous women, compelling States to combat and eliminate violence and discrimination targeting Indigenous women and children (OAS, 2016, Art. 7, 22, 30, 32). The Escazú Agreement in Latin America and the Caribbean (2018) indirectly safeguards the rights of indigenous women by necessitating States to uphold international commitments pertaining to indigenous rights (ECLAC, 2018, Art. 5(4), 7(15). Furthermore, by recognizing the compatibility of the UN Declaration on the Rights of Indigenous Peoples with the African Charter, the African Commission on Human and Peoples’ Rights passed a resolution in 2011 to safeguard the rights of Indigenous women in Africa. This resolution urged the collection of data, formulation of laws, development of policies, and establishment of programs to champion and uphold the rights of indigenous women (ACHPR, 2011).

Challenges in Securing Indigenous Women’s Rights 

Securing the rights of indigenous women is a complex and multifaceted challenge that arises from a combination of historical, cultural, socio-economic, and political factors. One of the key challenges is the limited understanding of the complex ways in which they encounter violations of human rights at the intersection of their individual and collective identities. This strong interconnection between their individual and collective rights intensifies their vulnerability to abuse and violence. For instance, the denial of culturally sensitive sexual and reproductive health rights, alongside enforced assimilation policies, adversely affects their collective rights (Human Rights Council, 2022). 

Another key challenge in securing indigenous women’s rights is the disproportionate effect of violence they face. They encounter a spectrum of gender-based violence encompassing domestic abuse, sexual harassment, sexual violence, human trafficking, forced marriages, genital mutilation, "honour" killings, and forced displacement. These acts are committed by different actors, ranging from state representatives, private corporations, and criminal organizations to even members of indigenous communities, including family members. 

The following challenges are common to both sexes of indigenous peoples but women are usually disproportionately affected by them. These include the lack of access to education and health care, inadequate political representation, lack of legal recognition and protection, or land and resource dispossession which is the most frequent violation of their rights. Indigenous communities depend on their ancestral lands and natural resources for their livelihoods, however, these lands are often targeted for resource extraction and development projects, leading to displacement and loss of cultural identity. Indigenous women are disproportionately affected by these changes (Human Rights Council, 2022). 

Recommendations on Protecting Indigenous Women’s Rights

The Committee on the Elimination of Discrimination against Women in its General recommendation No. 39 (2022) on the rights of indigenous women and girls highlighted the following recommendations:

• Develop anti-discrimination policies with the collaboration of indigenous peoples. These policies should address intersectional discrimination of indigenous women
• Repeal and amend all legislative and policy instruments that directly or indirectly discriminate against Indigenous women and girls
• Ensure equality before the law for Indigenous women and their capacity to conclude contracts, inherit property, and administer property
• Adopt legislation to fully guarantee Indigenous women and girls' rights to land, water, natural resources, and a clean environment
• Adopt measures to eliminate and prevent forced assimilation policies and denials of Indigenous peoples' cultural and other rights. Investigate, hold accountable, and provide justice and reparations for past and present assimilation policies and practices

Sources and further readings:

United Nations (2023/a). We need indigenous communities for a better world. Retrieved on 11 August, 2023 from: https://www.un.org/en/observances/indigenous-day/background 

United Nations (2023/b). Indigenous youth as agents of change for self-determination. Retrieved on 11 August 2023 from: https://www.un.org/en/observances/indigenous-day 

United Nations Permanent Forum on Indigenous Issues, UNPFII (2010). Gender and Indigenous Peoples: Overview. Briefing Note No. 1, Gender and Indigenous Peoples. Retrieved on 11 August 2023 from: https://www.un.org/esa/socdev/unpfii/documents/BriefingNote1_GREY.pdf

Human Rights Council, HRC (2022). Violence against indigenous women and girls. Report of the Special Rapporteur on violence against women, its causes and consequences, Reem Alsalem. UN Doc. A/HRC/50/26. Retrieved on 11 August 2023 from: https://www.ohchr.org/en/documents/thematic-reports/ahrc5026-violence-against-indigenous-women-and-girls-report-special 

Committee on the Elimination of Discrimination against Women (2022). General recommendation No. 39 (2022) on the rights of Indigenous women and girls. UN Doc.  CEDAW/C/GC/39. Retrieved on 11 August 2023 from: https://www.ohchr.org/en/documents/general-comments-and-recommendations/general-recommendation-no39-2022-rights-indigeneous 

International Labour Organization, ILO (1989). Indigenous and Tribal Peoples Convention, (No. 169). Art. 20(3). Retrieved on 11 August 2023 from: https://www.ilo.org/dyn/normlex/en/f?p=NORMLEXPUB:55:0::NO::P55_TYPE,P55_LANG,P55_DOCUMENT,P55_NODE:REV,en,C169,/Document 

United Nations General Assembly, UNGA (2007). United Nations Declaration on the Rights of Indigenous Peoples. Art. 21(2). Retrieved on 11 August 2023 from: https://www.un.org/development/desa/indigenouspeoples/wp-content/uploads/sites/19/2018/11/UNDRIP_E_web.pdf 

Organization of American States, OAS (2016). American Declaration on the Rights of Indigenous Peoples. Art. 7, 22, 30, 32. Retrieved on 11 August 2023 from: https://www.oas.org/en/sare/documents/DecAmIND.pdf 

Economic Commission for Latin America and the Caribbean, ECLAC (2018). Regional Agreement on Access to Information, Public Participation and Justice in Environmental Matters in Latin America and the Caribbean. Art. 5(4), 7(15). Retrieved on 11 August 2023 from: https://repositorio.cepal.org/bitstream/handle/11362/43583/S2300531_en.pdf?sequence=4&isAllowed=y 

African Commission on Human and Peoples’ Rights, ACHPR (2011). Resolution on the Rights of Indigenous Women in Africa. ACHPR/Res.190(XLIX)11. Retrieved on 11 August 2023 from: https://achpr.au.int/index.php/en/adopted-resolutions/190-resolution-rights-indigenous-women-africa-achprres190xlix11