communications, Author at Franciscans International

As we mark World Water Day and UN representatives, civil society, and other stakeholders gather for the Water Conference in New York, we must confront a dire reality: like UN Secretary-General Antonio Guterres recently stated, “the world is woefully off-course to achieve our goal of water and sanitation for all by 2030.”

In regions already experiencing water scarcity, which is now increasingly exacerbated by the triple-planetary crisis, corporate interests are further driving and aggravating the situation. Indeed, in 2021, the UN Special Rapporteur on human rights and the environment reported that businesses are “a major contributor to water pollution, water overuse, and degradation of freshwater ecosystems […]” While often cloaked in the language of development, these projects frequently lead to human rights violations, including when free, prior, and informed consent is not given by Indigenous Peoples.

One such example can be seen in Guatemala, where Franciscans International works closely with Indigenous Q’eqchi communities, who have taken a stand against hydro-electric projects that divert their sacred rivers. Already, this has destroyed much of the plant and marine life that traditionally sustained these communities. Those demanding their right to meaningful consultation and to consent about the project have instead been criminalized and, in some cases, jailed on spurious charges.

“The Cahabón Riveris sacred, it’s a source of food and life,” says sixteen-year-old Nikte Caal, a Q’eqchi environmental defender, who recently spoke at an event during the UN Human Rights Council about her activism and her father who was jailed for his human rights work. “It is our duty to defend the ecosystems and biodiversity and to fight for the life of our Mother Earth, to fight for our life and that of the next generations. We cannot be observers of the destruction of our environment. We must inform ourselves of what is happening and act.”

This is not an isolated phenomenon: Franciscans International has worked with communities facing similar violations in numerous countries, from Brazil to the Solomon Islands, where extractive industries and large-scale agricultural projects, amongst other sectors, deprive people of their right to water.

So how can we heed Nikte’s call?

Acting requires international efforts, including by the United Nations and its Member States. While the Water Conference is an important step, States must move beyond voluntary commitments and political declarations. The time for action and for States to fulfill their obligations under international law is long overdue. This includes implementation of the right to a clean, healthy and sustainable environment at national level. We also call on States to negotiate on and adopt a treaty to regulate and hold to account transnational corporations and other businesses to adequately address violations of the rights to water and to sanitation in the context of by business activities.

Accordingly, businesses should also answer Nikte’s call, including through implementing human rights and environmental due diligence. In this area, we are encouraged by some valuable initiatives, such as the development of the mega-project cycle by Leo Heller, the former UN Special Rapporteur on water and sanitation, as a tool that can help strengthen the resilience of affected communities as they claim their rights and seek to prevent the risks stemming these projects. Similarly, Pedro Arrojo, the current Special Rapporteur, has identified sustainable practices in managing water systems by Indigenous Peoples, that serve as a template for others.

We must continue to hear from Nikte and other voices from the ground. While water is a universal necessity, it is clear that the impacts of climate change, as well as other causes of water scarcity and pollution, are inequitable. We must finally act upon “leaving no one behind.”

Events co-sponsored by Franciscans International during UN Water Conference

Scoping Solidarity: Societal Dialogues for Water Justice
21 March 2023, 15:00-17:00 EST, in-person.
Extractives on Water and the Environment: Protecting and Accountability through a Human Rights Framework, 23 March 2023, 14:00-15:00 EST, online.

Hearing the Unheard: Human Rights to Water & Sanitation
23 March 2023, 15:00-16:30 EST, online.

The Human Rights Council will convene from 27 February to 4 April. During the session, we will raise various human rights situations and concerns shared by our partners at the grassroots.

You can find all our statements below. This page will be updated throughout the session.

• • •

End of Session: Key outcomes and missed opportunities (4 April)

In a final join statement, we reflected on the key outcomes and challenges of the 52nd session of the Human Rights Council. Among other issues, we welcomed the adoption by consensus of a resolution on the right to a clean, healthy and sustainable environment. Nevertheless, we also expressed our concerns over ongoing attempts by some States to question whether this is indeed a universal right, despite its recognition by the Human Rights Council and the General Assembly. We further raised the role of civil society in the Council’s deliberations, which continue to be restricted after the emergency measures adopted because of Covid-19. In particular, we called for the continuation of hybrid modalities, allowing for remote participation for those that are unable to travel to Geneva.

• Full statement (English)

Item 6: Universal Periodic Review – Brazil (28 March)

During the adoption of Brazil’s UPR, we welcomed the support of all recommendations related to the right to a healthy environment, the right to water, and those related to mining activities. This is a key step considering the regressive measures, laws, and policies adopted in recent year. However, we also called on the government to take quick and proactive action to implement them, while ensuring that victims of human rights violations, especially those resulting from business activities, are guaranteed an effective remedy.

• Full statement (English and Portuguese)

Item 6 Universal Periodic Review – the Philippines (27 March)

In a joint statement, we welcomed the acceptance of important recommendations regarding the protection of human rights defenders and the commitment to investigate cases of extra-judicial killings. However, despite the change of narrative by the new administration, we remain concern about the gap between public discourse and the reality on the ground. During the adoption of the UPR, we raised several recent cases from the Philippines and reiterated our call to establish an international mechanism to investigate cases related to the “war on drugs” policy.

• Full statement (English)

Item 6: Universal Periodic Review – Indonesia (27 March)

Although Indonesia accepted five recommendations related to the human rights situation in West Papua, five others were only noted, including one regarding a visit by the High Commissioner for Human Rights. In a joint statement, we called for the swift implementation of recommendations relating to the protection of human rights defenders and to ending impunity for human rights violations. We reiterated that the human rights situation urgently needs a sustainable solution that can only be achieved through a peaceful and inclusive dialogue and by ensuring accountability for all perpetrators of all human rights violations.

• Full statement (English)

Item 4: General Debate – Guatemala (22 March)

Attacks against human rights defenders in Guatemala have doubled in 2022. These aggressions against justice operators, journalists, Indigenous communities, and organizations and individuals who defend the right to land, territory, and a healthy environment are carried out with impunity and threaten democracy in the country. In a joint statement, we reiterated our call to the Council to use its preventive role before the human rights situation in Guatemala reaches a point of no return.

• Full statement (English and Spanish)

Item 4: General Debate – Sri Lanka (22 March)

Nearly four years after 269 people were killed in the Easter Sunday bombings in Sri Lanka, victims are still waiting for justice. Several official reports have not been fully published and none of the major recommendations that were published have been implemented. There has been no prosecution for criminal negligence of any state officials and no prosecution of the master minds responsible for the crimes. In a joint statement, we called on the Sri Lankan government to hold the perpetrators accountable. We further urged the UN High Commissioner for human rights to support international justice initiatives related to the Easter Sunday Bombings.

• Full statement (English)

Item 4: General Debate – Brazil (22 March)

While acknowledging the creation of the Ministry of Indigenous Peoples by the new administration in Brazil, we alerted the Council that Indigenous Peoples still suffer serious threats and attacks on their fundamental rights, lives, and territories. It is essential that the new government immediately resumes a demarcation policy to protect Indigenous lands and turns its promises into action. In a joint statement, we asked the Council to remain a vigilant attitude toward Brazil to ensure that the new administration makes concrete progress in guaranteeing the territorial rights of Indigenous Peoples.

• Full statement (Spanish)

Item 3: General Debate – Mozambique (17 March)

A violent conflict and the slow onset of climate change have displaced more than 1 million people in Northern Mozambique. This multifaceted crisis has created acute food-insecurity with the situation especially dire in camps for internally displaced persons, where there is limited land and food aid available while housing has been destroyed by extreme weather events. We urged the Government of Mozambique and other UN Member States to comply with their international obligations, as well as to provide immediate humanitarian assistance in Cabo Delgado and the surrounding provinces.

• Full statement (English)

Item 3: Interactive Dialogue with the Special Rapporteur on human rights and the environment (10 March)

With our local partners, we witness that discrimination impairs women and girls’ enjoyment of the right to a healthy environment, as well as a range of other human rights. In turn, this deprives humanity of the potential and steward ship of half the population. In this statement, we brought two specific cases from the Solomon Islands and Mozambique to the attention of the Special Rapporteur. To protect the powerful role of women and girls as agents of change, we also called on the Council to acknowledge the recently recognized right to a healthy environment in its annual resolution on the topic, as well as in all relevant UN resolutions in the future.

• Full statement (English)

Item 3: Interactive dialogue with the Special Rapporteur on the right to food – Guatemala (9 March)

In Guatemala, government policies mostly benefit agrobusinesses and extractive companies, while negatively impacting vulnerable populations. In a joint statement, we raised our concern over the implementation of extractive projects without prior consent of Indigenous Peoples, even though they are directly and negatively affected. We also raised the issue of plant biodiversity and loss of ancestral knowledge. Considering all this, we called the Council to urge Guatemala to adopt policies that address and alleviate threats to adequate food and promote food sovereignty.

• Full statement (English and Spanish)

Item 3: Interactive Dialogue with the Special Rapporteur on the right to adequate housing – Guatemala (9 March)

Guatemala is at risk of extreme weather events, aggravated by the climate change. In 2020, hurricanes Eta and Iota left hundreds of people homeless or with severely damaged house. In a joined statement, we raised our concerns over forced evictions that are often carried out violently and without prior notification, without accommodating for resettlement measures. This situation disproportionately affects Indigenous Peoples. During the Interactive Dialogue, we called on States to scale up the resources available to mitigate the impacts of climate change and to refrain from evictions that put people in even greater vulnerability.

• Full statement (English and Spanish)

Item 2: General Debate – Guatemala (8 March)

Guatemala is facing a human rights and rule of law crisis, aggravated by the weakening and co-optation of public institutions. There is widespread harassment and criminalization of human rights defenders, with more than 2.000 attacks documented in 2022. In a joint statement we called on the Council to use its preventive role before the situation reaches a point of no return and to urge Guatemala to guarantee judicial independence, to prevent and investigate attacks against human rights defenders and justice operators, and to guarantee a transparent electoral process.

• Full statement (English and Spanish)

_{Thumbnail: UN Photo / Pierre Albouy}

As Franciscans we know that violence and war must never be tolerated. We join the Ministers General of the Franciscan First Orders in their call for peace and stand in solidarity with the people of Ukraine and our brothers and sisters that remain in the affected regions.

“These fact sheets are an important tool to support the work of indigenous people and human rights defenders’ activities. With these, they familiarize themselves with the vocabulary, design and formulation of recommendations emanating from different United Nations human rights mechanisms.”
Francisco Cali Tzay, UN Special Rapporteur on the rights of indigenous peoples

Our fact-sheets aim to support the work of indigenous activists and human rights defenders working on issues related to Indigenous Peoples. Franciscans International also hopes that they will serve as a tool to become familiar with the vocabulary, design and formulations coming from the different United Nations human rights mechanisms and that they will facilitate advocacy work at the national, regional, and international levels.

Each fact-sheet is dedicated to a different theme and contains a general description of the problem, some general and specific recommendations, and a section dedicated to other authoritative sources related to each issue.

While the recommendations are related to the COVID-19 pandemic, many of them can be adapted to address human rights situations more generally.

You can download the combined fact-sheets here. They are also available in Spanish, Portuguese and Q’eqchi, and cover the following topics:

Covid-19_and_Indigenous_Peoples Download

With Covid-19 and the “triple planetary crisis” (biodiversity, climate and pollution), the world is alerted to the urgency of acting to care for and preserve the planet. But while humanity has been called to this realization, it seems that the vast majority of governments are again bowing to financial and economic interests and are privileging short-sighted solutions.

In parallel, given how the pandemics has exposed and exacerbated inequalities, respecting the rights and dignity of everyone, without discrimination and against impunity, should be more than ever the priority. Yet, we are currently witnessing a clear backlash on human rights such as the rights to safe drinking water, to education or to freedom of expression and peaceful assembly across the globe.

In this context, Franciscans International is focusing a part of its international advocacy towards linking rights and environment, and thus demands for more environmental justice. In doing so, FI is echoing not only concrete concerns of Franciscans and other partners living and working with local communities but is also following key Franciscan values and spiritual teachings: the care for our planet.

Two specific global processes currently debated at the UN actively receive our attention.

The first is about the creation of a new UN mandate that should see an independent expert leading the work on climate change and human rights. Such a so-called “Special Rapporteur” should analyze and advise on the impacts of climate change but also on the impacts of climate responses on the rights of people, especially the most marginalized and disadvantaged.
The second concerns the call to recognize at the global level the human right to a safe, clean, healthy and sustainable environment (in short, the right to a healthy environment). Such a right is currently recognized in domestic and regional laws at various degrees and in different forms but because the threats to this right don’t know borders, progress is needed globally.

On both processes, this year has been and will still be extremely important with decisions to be taken by States under the UN auspices. FI is actively involved in civil society efforts to weigh in on these decisions bringing the real-life experiences and the voices of those who are the most affected by climate change and by the lack of recognition and protection of the right to a healthy environment.

Have a look at some of recent work on these issues:

Publications

“A UN Special Rapporteur on Human Rights and Climate Change? Regional Perspectives” (25-01-2021)

Calls to actions

An Open Letter by Global Civil Society and Indigenous Peoples for the Establishment of a new UN Special Rapporteur on Human Rights and Climate Change (22-06-2021)
The time is now! Recognize the right to a safe, clean, healthy, and sustainable environment (14-09-2020)
Call to action: Realizing the rights of the child through a healthy environment (07-02-2020)

Articles

“UN Human Rights Council shies away from appointing expert on climate” – Geneva Solutions (25-06-2021)
“Faith groups back call for UN special rapporteur for climate and human rights” – New Catholic Reporter (18-06-2021)
“Indigenous people’s lives depend on their lands, but threats are growing worldwide” – New Catholic Reporter (12-05-2021)
Sister Water calls us to the people of El Salvador (30-03-2021)
COVID-19: Extreme poverty and environmental justice (30-04-2020)

Events

“Justice and Accountability in the Context of Extractive Industries”, with indigenous human rights defenders from Bangladesh, Brazil, Guatemala and Indonesia (29-04-2021)
New York – Geneva dialogue on the Sustainable Development Goals and climate action in times of Covid-19 recovery (29-04-2021)
“Urgently Addressing Climate Change as a Human Rights Issue”, with small island states, indigenous peoples, and youth and faith perspectives (26-03-2021)
“Water Sources have a Woman’s Face” on access to water in Central America (12-03-2021)
“The responsibility of business on human rights: Franciscan action at the UN from the perspective of Laudato Si’.” (13-11-2020)
“Human rights abuses and environmental degradation – what the treaty can bring,” during the 6th session of the Open-Ended Intergovernmental Working Group on Transnational Corporations (29-10-2020)
“Privatization and the rights to water and sanitation,” a conversation with former UN Special Rapporteur Léo Heller (16-10-2020)
“Walking the talk: Exploring concrete steps towards human rights-aligned policies in a world in crisis,” linking sustainable development, climate policies, and human rights compliance (14-07-2020)
“Ten years on the human rights to water and sanitation,” on a transformative pathway for the SDGs and Covid-19 response (20-07-2020)
“The impact of megaprojects on the human rights to water and sanitation,” with the Special Rapporteur on water and testimonies from Colombia, Guatemala, and Zambia (12-09-2019)
“Inclusive national policies in the face of climate change,” with a sharing of first-hand testimonies from Vanuatu (15-06-2019)

UN statements and submissions

48th Session of the Human Rights Council

Item 4: General Debate, statement on a Special Rapporteur on climate change (24-09-2021)
Item 2: Oral update by the High Commissioner, interfaith statement on the right to a healthy environment and a Special Rapporteur on climate change (14-09-2021)
Item 2: Oral update by the High Commissioner, statement on a Special Rapporteur on climate change (14-09-2021)
Item 2: Oral update by the High Commissioner, statement on the right to a healthy environment (14-09-2021)

47th Session of the Human Rights Council

End of session statement (14-07-2021)
Panel discussion on the adverse impact of climate change, statement on a Special Rapporteur on climate change (30-06-2021)
Item 2: Interactive Dialogue, statement on a Special Rapporteur on climate change (22-06-2021)

46th Session of the Human Rights Council

End of session statement (24-03-2021)
Item 4: General Debate, statement on a Special Rapporteur on climate change (11-03-2021)
Item 3: General Debate, statement on a Special Rapporteur on climate change (10-03-2021)
Item 3: General Debate, statement on the right to a healthy environment (09-03-2021)
Item 3: Interactive Dialogue with the Special Rapporteur on the environment (04-03-2021)
Annual full-day meeting on the rights of the child (01-03-2021)

45th Session of the Human Rights Council

End of session statement (0 7-10-2020 )
Item 6: UPR outcome of Kiribati (29-09-2020)
Item 4: General Debate, statement on a Special Rapporteur on climate change (25-09-2020)
Item 3: General Debate, statement on the right to a healthy environment (22-09-2020)

44th Session of the Human Rights Council

Item 3: Interactive Dialogue with the International Expert on international solidarity (09-07-2020)

43rd Session of the Human Rights Council

Item 6: Universal Periodic Review (14-06-2020)
Item 4: General Debate, statement on a Special Rapporteur on climate change (11-03-2020)

Universal Periodic Review

Joint stakeholders’ submission for the UPR of the Solomon Islands (15-10-2020)
Joint stakeholders’ submission for the UPR of Kiribati (18-07-2019)

In the context of the 103th Session of the United Nations Committee on the Elimination of Racial Discrimination (CERD) – and its follow-up letter to the Mexican government – our organizations join the Committee’s findings on the lack of implementation and the insufficient implementation of some of the recommendations made in 2019. In particular, after almost two years, the implementation of recommendations related to migrants, asylum seekers and those requiring complementary protection is inadequate and the current situation is, in fact, a regression.

The lack of implementation of the CERD recommendations by Mexico is framed in the context of migration policies towards militarization, criminalization, systematic detentions and use of force that incite discrimination against migrants and asylum seekers. This context has been aggravated after the implementation of measures to control the Covid-19 pandemic.

We have witnessed an increased number of security forces, including the military and the National Guard Forces (NGF), in migratory verification and control tasks. From June 2019 to December 2020, the military and the NGF detained 152.000 migrants in the southern border. The National Defence Ministry (SEDENA) – and not the NGF – conducted 67% of these detentions, including the detention of 27.000 children.

We have identified an excessive, arbitrary, and indiscriminate use of force during the “caravans” with multiple human rights violations. The same pattern has been identified against protests inside migration detention centers when migrants tried to fight for their rights and better conditions during their detention. Sometimes these protests occur with irreparable consequences, like the death of a Guatemalan migrant in the Migrant Detention Center in Tenosique in April 2020.

CERD_Mexico_English Download

We have also documented how the National Institute of Migration (INM) has denied access to the asylum-seeking procedure for those needing international protection. Those who have expressed the those who have expressed the intention to access this proceeding have on many occasions been sent to detention centers without appropriate revision of their requests. Our organizations have even documented that people with their asylum-seeking requests, or with their recognized refugee status, have been detained and deported to countries where their lives are at risk.

Furthermore, with the arrival of African and Asian migrants, as well as from Haiti, the Mexican government has not adopted an integral migration policy to respond to their needs, such as adequate interpretation and enough human rights information.

The racism against people and families from Haiti – for those who have been victims of violence, trauma and family separation – is institutional. One of these cases is Maxene André who died on the 6th of August 2019 inside the Migration Centre “Siglo XXI” in Tapachula, Chiapas. André was sick and isolated for 15 days out of the 20 days that he was in detention.

The response by the Mexican government and institutions has incited xenophobia and discrimination against migrants entering through the southern border, particularly by deploying the INM at the borders in collaboration with the NGF and members from the SEDENA to stop migrants and asylum seekers to enter, especially through the southern border. These practices have been documented and published in different press-releases and reports, in which the criminalization of people entering to Mexico in “irregular” migration status, and allegedly carriers of a disease, is evident. This situation was more evident with the sanitary measures implemented in the context of the Covid-19 pandemic, which have been not only discriminatory but also with the purpose to deter migration.

On the other hand, there are around 1500 peoples, mainly from Central America, in vulnerable and risk situations in the camp installed since the 18th of February 2021 in Tijuana city, known as “El Chaparral”. In this camp there are inappropriate sanitary, hygienic, and secure conditions, and a lack of health services and adequate food. In addition, the spread of racists, discriminatory and xenophobic messages and actions creates stressful and tense environments in the camp. Until now, the local and federal authorities have not implemented any humanitarian assistance or preventive measures to address these acts of discrimination.

We also raise awareness of the particular situation of non-accompanied children. On the 11th of November 2020, a Decree was officially published, which modified and reform several articles on migrant children of the Migration Law and the Law on Refugees, Complementary Protection and Political Asylum. However, in practice, the detention of non-accompanied children continues, particularly detentions in inadequate places; being separated from their families, the lack of access to the right to request asylum for themselves. Until now, there are no adequate regulations, protocols, or operative manuals that would effectively implement the reforms.

Lastly, in addition to the widespread context of strengthening migratory policies, our organizations have witnessed intense months of hostilities, harassment, surveillance, defamation and aggressions against human right defenders, shelters and spaces attending migrants. On the 19th of January 2021, during a human rights monitoring activity carried out by the “Colectivo de Observación y Monitoreo de Derechos Humanos del Sureste Mexicano”, human right defenders were followed and kept under surveillance by members of the NGF, SEDENA and the Marine. This happened in a context were human right defenders, shelters and civil society organizations are the ones providing humanitarian assistance and protecting migrants.

During Covid-19, and in addition to acts and statements that criminalize human right defenders, there has been a use of the health emergency to falsely argue that accompanying migrant and defend human rights pose a “risk” of contamination to the local communities. This has been the case in various shelters and for human right defenders such as in the “El Chaparral” camp in Tijuana. For this reason, we are concerned that Mexico did not provide information to the CERD on the implementation of the recommendations related to the protection of human right defenders working with people on the move.

The lack of governmental actions to implement the Committee’s recommendations is just a sign of the systemic denial of the fundamental rights of thousands of migrants and asylum seekers who are discriminated against because of their nationality.

We call on Mexico to comply with its international obligations and particularly to implement the recommendations that various human rights mechanisms have made in the context of the protection of human rights of migrants, asylum seekers and human right defenders that work with them.

Signed by

Centro de Derechos Humanos Fray Matías de Córdova A. C.
Franciscans International
Programa de Asuntos Migratorios, Universidad Iberoamericana Ciudad de México
Red Franciscana para Migrantes en Centroamérica, México y Estados Unidos
Red Franciscana para Migrantes en México
Red Jesuita con Migrantes Centroamérica y Norteamérica
Servicio Jesuita a Refugiados México

On 29 April 2021, Franciscans International and the International Movement ATD Fourth World held a virtual NYC-Geneva dialogue on implementation of the Sustainable Development Goals (SDGs) and climate action in times of Covid-19 recovery.

The dialogue brought together UN Member State representatives in New York and Geneva, United Nations (UN) agencies, and NGOs to informally share concrete recommendations and discuss ways in which the international community can effectively reach out to those living in extreme poverty. The event opened with interventions from Member States and individuals affected by climate change. Break-out sessions were held to discuss three main subsets of questions:

How do the contributions shared today by our keynote speakers resonate with your personal or work experience? For example, what would be the priorities for you to address in policy or in advocacy?
What difference can human rights-based approaches to climate action and sustainable development make for people living in extreme poverty? Do you have any success stories in your work where you were able to ensure that human rights were at the center of climate or development projects or policy?
How can we ensure better policy coherence between Geneva and New York on issues related to climate action, SDG implementation and human rights in times of Covid-19 recovery?

Participants underscored the severe impacts of Covid-19 and climate change on communities, especially those already living in extreme poverty. The importance of addressing climate change and poverty eradication holistically was stressed. Discussions also addressed the essential role of the human rights framework in empowering affected communities and ensuring better outcomes in terms of advancing the implementation of the Paris Agreement on climate change and the 2030 Agenda for Sustainable Development. By prioritizing human rights, States can ensure an equitable road to recovery and accelerate achievement of the SDGs.

Today, the Escazú Agreement enters into force coinciding with International Mother Earth Day. This ground-breaking multilateral treaty is the first binding document of this kind in the Latin America and Caribbean region following the steps of the Aarhus Convention. Its importance lies with its innovative content as it binds States to provide access to environmental information, fosters public participation in environmental decision-making, and offers measures for the protection of environmental activists.

FI particularly welcomes this Agreement as it is the world’s first treaty with positive States’ obligations to take measures to protect and promote all the rights of human rights defenders in environmental matters, and to prevent, investigate and punish attacks, threats or intimidations against them (see article 9 of the Agreement). In turn, this has the potential to reduce their targeting, an issue of great importance in the world’s deadliest region for environmental activists.
Like every international treaty, its implementation comes with many challenges, one of them being that its efficiency and impact will depend on the good faith of States parties to properly enforce it. In this matter, civil society organizations will continue to play a prominent role by monitoring its fulfillment. Moreover, countries where environmental human rights defenders are the most at risk (for example Colombia, Guatemala, and Brazil) have not ratified this Agreement.

FI is also marking this day by launching the first of a series of fact-sheets that aspires to support the work of indigenous human rights advocates, especially during this pandemic. Starting with the fact-sheet on Human Rights Defenders, FI aims to make monitoring and advocacy easier for activists all over the world. In these fact-sheets, activists will be able to find several recommendations from UN documents on a given subject, see their source, and get familiar with the specific language of these subjects in order to use it in their own advocacy work. It is our hope that these fact-sheets will become tools for anyone willing to advocate for human rights in national, regional, and international arenas.

Stay tuned as more fact-sheets, including on the right to adequate food, access to COVID-19 information, and gender-based issues, will be released in the next couple of weeks. While they will be immediately available in English, Spanish, and Portuguese, we hope to also have them available in a number of indigenous languages in the future.

HRD_recommendations_ENG Download

On 26 April 2021, Franciscans International and ESCR-Net organized the side event, “Justice and Accountability in the Context of Extractive Industries: Indigenous Women Human Rights Defenders from Guatemala, Brazil, Indonesia, and Bangladesh.” The event was co-sponsored by the Permanent Mission to Finland, and civil society partners CIMI, Codeca, AIPP, Swiss Lenten Fund, and Sinode Gereja Kemah Injil (Kingmi). Alongside the human rights defenders, the panel also included Assistant Secretary General, Ilze Brands Kehris, and the Special Rapporteur on toxic wastes, Marcos Orellana.

The women indigenous human rights defenders highlighted some of the issues they faced in the context of extractive industries and the appropriation of indigenous lands for other commercial activities. One issue in common is the intimidation and harassment that women human right defenders face.

Additional issues noted by the speakers included:

Guatemalan indigenous women are marginalized and kept in poverty despite working on agriculture lands owned by transnational companies.
Indigenous women in Bangladesh are exposed to sexual exploitation and other threats as their lands are confiscated for the tourism industry.
Lack of demarcation of indigenous territories in Brazil and the imposition of megaprojects including hydroelectrics and nuclear energy projects has put in risk livelihoods along the San Francisco river.
The new Omnibus Law in Indonesia will adversely impact indigenous peoples in West Papua, including by likely prioritizing commercial interests over the protection of forests and local livelihoods.

Assistant-Secretary General Brands Kehris underscored the role of businesses in human rights abuses, and the need for States to take action to monitor and hold corporations accountable.

Background of the side eventIndigenous peoples face numerous challenges in their quest for justice. From a lack of meaningful consultation and consent to inadequate or absent mechanisms that should guarantee their participation in decision-making processes, they are not only left behind but usually left outside.

As the Special Rapporteur on the rights of indigenous peoples has reported, “extractive activities within indigenous peoples’ lands and territories undertaken without adequate consultation or consent are the main source of serious violations of their human rights, including violence, criminalization and forced displacement.” Such situations have not only continued during the current Covid-19 pandemic, but States have also moved to facilitate and expedite the enactment of laws detrimental to indigenous peoples and their territories, while rolling back legislation related to environmental protection.

For example, in November 2020, while struggling with the consequences of the COVID-19 pandemic, Indonesia’s President officially enacted the job creation law, widely known as the Omnibus Law. The Omnibus Law is projected to negatively affect the ways in which indigenous peoples living in West Papua and around forests can access their land, and puts them at a disadvantage in relation to corporations with commercial interests. In Bangladesh, due to the lack of effective laws and policies, Indigenous peoples land has been used or taken away in the name of development including tourism without free, prior and informed consent. Non-implementation of the CHT Accord 1997 has also been leading to a destruction of the land, forest and natural resources, as well as an insecure situation to the rights activists in CHT Bangladesh.

Similar situations are seen globally, where private actors also increasingly resort to physical violence and crimes in order to take control over and exploit land and territories for their private interests. In most cases, States have been unwilling or unable to hold them accountable.

The pandemic has also revealed and amplified severe social inequalities, structural racism, prejudice, and gender violence. This situation has been more evident in countries such as Brazil where the government has also dismantled public health policies, while instituting other policies, which exacerbated the pandemic’s effects.¹ During the pandemic, the federal government in Brazil declared mining an essential activity that should continue during the lockdown. Mining companies kept up production levels even while putting their workers and neighboring communities and indigenous peoples at risk. This has proven to be especially true in areas where mines are isolated with little infrastructure and services and far from the oversight of any environmental authorities.²

Based on documentation from 2019, Front Line Defenders found that “land, environmental and indigenous peoples’ rights remained the most dangerous sector of human rights defense due to the profit-driven exploitation of natural resources, combined with rampant corruption, weak governments and systemic poverty.” This situation is particularly alarming in Latin America where in recent years it has registered the highest number of attacks and murders against environmental human right defenders, indigenous leaders and members of indigenous peoples. In Guatemala – in 2020 alone, and while Covid-19 measures were imposed – 1,034 aggressions have been registered, 53% of these were against male defenders, 33% against women defenders and 14% against human rights organizations, institutions and/or communities, in addition to 17 murders and 22 attempted murders.³

In order to ensure full respect for and protection of human rights, and implementation of SDG 16, there must be equal access to justice for indigenous peoples and full and equal participation in public affairs. Indigenous leaders and human right defenders must be able to challenge the policies of both State and non-State actors that impact them, and their land and resources, without fear of reprisal.

Moreover, as Covid-19 has disproportionately impacted indigenous and other already marginalized groups, States must consider how recovery plans take into account and redress prior discriminatory policies and practices, including those that have served to benefit extractive and other industries, and ensure inclusive, equitable societies with accountable institutions. State obligations to respect, protect, and fulfill human rights are an essential foundation for the implementation of the SDGs and at the core of recovery plans.

CONIC. “Um Brasil sufocado e orientado para uma política de morte: nota do Conselho Nacional de Igrejas Cristãs do Brasil” (A Brazil suffocated and oriented toward a death politics: a note from the National Council of Christian Churches in Brazil), 16 January 2021. Available here.
Franciscans International Statement, “COVID-19: Extreme poverty and environmental justice”, Available here.
UDEFEGUA (Unit for Protection of Human Rights Defenders of Guatemala), 2021.

_{Photo by Tomas Munita/CIFOR under CC license}

The 46th session of the Council was held from 22 February to 24 March 2021 in a mostly virtual format. We continue to work closely with Franciscans and other grassroots partners to ensure that urgent human rights issues are raised, even now that representatives are unable to travel to Geneva themselves.

End of session statement (24 March)

In a joint final statement, 16 civil society organizations highlight key takeaways from the 46^th Session. This included a number of key priorities for FI, including the support expressed by a number of States for the creation of a new Special Rapporteur on human rights and climate change and the recognition of the right of all to a clean, healthy and sustainable environment.

• Full statement (English)

Item 10: Technical assistance and capacity building – the Philippines (23 March)

Despite the adoption of Council Resolution 45/33, which provides for technical cooperation and capacity-building in the Philippines, impunity remains the norm for human rights violations and abuses. The government has continued to try to limit space for civil society and educational institutions through intimidation tactics such as ‘red-tagging’ critics as communists and leveling other baseless accusations. On 7 March 2021, nine unarmed activists were murdered after the President made a statement endorsing the killing of alleged communist rebels. In a joint statement, we called on the Council to ensure accountability in the country, including through “independent, impartial and effective investigations into the killings” and by taking concrete and measurable steps to implement previous Council resolutions on the Philippines.

• Full statement (English)

Item 4: General Debate – Indigenous human rights defenders in Guatemala (15 March)

Human rights defenders in Guatemala face systematic repression, discrimination and criminalization. Indigenous defenders, especially those who oppose mega-projects, have been particularly vulnerable. In 2020 alone, 1,034 aggressions were registered, including 17 assassinations and 22 attempted assassinations. At the Council, Fastenopfer and FI drew attention to the case of Bernardo Caal Xol, who has been sentenced to 7 years and 4 months in prison over his opposition to Oxec hydroelectric projects. We were joined by 137 organizations and 147 individuals in our call on the Government of Guatemala to adopt and implement a comprehensive Public Protection Policy to prevent further attacks against defenders and ensure a justice system with independent courts and impartial judges.

• Full statement (Spanish, English)

Item 4: General Debate – Indonesia (15 March)

In a joint statement, FI called attention to the information it continues to receive about new human rights violations in West Papua and expressed concern about escalating violence and shrinking space for civil society. While acknowledging the establishment of a “Special Team” by Indonesian authorities to deal with 13 cases of alleged gross human rights violations, we also noted the lack of a clear timeframe. We called on Indonesia, a member of the Council, to guarantee respect and protection of human rights, and a prompt and effective investigation, prosecution, and remedy the cases of gross human rights violations in West Papua, in conformity with its obligations under international human rights law.

• Full statement (English)

Item 4: General Debate – Guatemala (15 March)

The already precarious situation of human rights defenders in Guatemala is further exacerbated by attacks and defamation of judges, prosecutors and magistrates who seek to fight impunity and corruption. Rather than developing effective prevention and protection policies, the government intends to reduce the budget for the administration of justice. Meanwhile, several legislative initiatives threaten to further shrink civic space. In a joint statement, we called on the Council to closely monitor the human rights situation and to promote the extension of the mandate of the Office of the United Nations High Commissioner in Guatemala.

• Full statement (Spanish)

Item 4: General Debate – Climate Change (15 March)

In a joint statement, FI expressed its deep concern over the suffering of both people and Mother Earth as a result of the intertwined climate and global health emergencies. We commended the Member States of the Climate Vulnerable Forum and Pacific Island States who reiterated the call for a new Special Rapporteur on climate change during the 44^th session of the Human Rights Council. Noting that there is an increased urgency to address the climate crisis in a more permanent, systematic and sustained manner we called on the Council to consider the establishment of this new mandate without delay.

• Full statement (English)

Item 3: General Debate – Climate change (10 March)

In 2020, FI and CIEL conducted six regional consultations with over 150 civil society, indigenous people and local community organizations to discuss the establishment of a Special Rapporteur on human rights and climate change. There was an overwhelming support for this new mandate. At the Human Rights Council, we again highlighted that a new mandate would be essential to supporting a stronger human rights-based approach to climate change, engaging in country visits, normative work and capacity building, as well as further addressing the human rights impacts of climate responses, in order to support the most vulnerable.

• Full statement (English)

Item 3: General Debate – Right to a healthy environment (9 March)

Three global environmental crises – the pollution crisis, the biodiversity crisis and the global warming crisis – already violate and jeopardize the human rights of billions of people. In a joint statement, we conveyed a call of action endorsed by 1,100 organizations in September 2020, urging the Council to recognize the right to a safe, clean, healthy and sustainable environment as a matter of the utmost urgency.

• Full statement (English)

International Women’s Day (8 March)

In a joint statement, FI calls on all governments to take immediate action on economic injustice and environmental destruction – two of the most urgent threats facing women and girls in 2021.

• Full statement (English)

Item 3: Interactive Dialogue with the Special Rapporteur on human rights and the environment (4 March)

In the Americas, a lack of legislation that protects and recognizes the human right to water with international standards has led to poor regulation, privatization, deprivation, and grabbing of this resource. This water crisis is even more evident in regions that are water dependent, like the so-called “dry corridor” of Central America that stretches across national borders. In his latest report to the Human Rights Council, the Special Rapporteur made recommendations regarding cooperation and equitable water management. Following these, FI urged the governments of El Salvador, Honduras and Guatemala to take concrete actions to negotiate and sign a treaty to effectively manage transboundary waters.

• Full statement (Spanish and English)

Item 2: Country Reports and Oral Update on COVID-19 – Brazil (1 March)

COVID-19 has had an immeasurable impact on indigenous peoples, especially in the Amazon regions. A new strain in Manaus continues to spread, in part due to a lack of prevention, monitoring, and adequate sanitary measures. The overall proportion of hospital deaths in Brazil is higher among afrodescents and indigenous peoples. There have been instances of victims suffocating due to a lack of oxygen supplies. In a joint statement, FI urges the Government of Brazil to guarantee vaccines with priority to indigenous and other native peoples, as well as emergency financial aid for all poor families, until the end of the pandemic.

• Full statement (Spanish, English and Portuguese)

Annual full-day meeting on the rights of the child (1 March)

In the aftermath of the COVID-19 pandemic, world leaders have an opportunity to put in place bold and transformative solutions toward a more resilient, greener and sustainable recovery rooted in inter-generational justice and accountability to present and future generations. In a joint statement, FI called on UN Member States to build back better, including by recognizing a safe, clean and healthy environment as a human right.

• Full statement (English)

Item 1: High-Level Mainstreaming Panel (22 February)

On the 20th anniversary of the Durban Declaration and Plan of Action, FI again emphasized that COVID-19 has been a magnifying glass as well as a booster for structural, existing inequalities and injustices – disproportionally impacting indigenous peoples and migrants in particular. Nevertheless, they can also be key actors in the solutions to the many crises we are facing. FI urged states to follow the call of action for human rights by the UN Secretary General and to to ensure effective measures and funding for the realization of the whole range of human right

• Full statement (English)


Access to health care and vaccines	General non-discrimination clause	Women and gender-based issues

Access to COVID-19 information	Free, prior and informed consent	Traditional medicine

Water and sanitation	Right to adequate food	Human rights defenders