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Unprecedented Wave of “Criminalization” Sweeping the Globe to Silence Indigenous Peoples

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New UN report highlights drastic increase in violence and legal harassment driven by rapid expansion of development projects on indigenous lands

A significant pattern of abuse has emerged in a wide variety of countries, in which both physical violence and legal prosecution are used against Indigenous Peoples defending their rights and lands, according to a new report that UN Special Rapporteur on the Rights of Indigenous Peoples Victoria Tauli-Corpuz submitted to the UN Human Rights Council today.

The report describes how private sector interests collude with governments in coveting the lands of Indigenous Peoples for economic development projects. “Criminalization”—the process of turning those defending their land rights into criminals—has become an increasingly common tool and contributes to how these disputes often transform into open conflicts. While the majority of indigenous individuals who face criminal charges are men, women bear the brunt of their absence as they have to single-handedly assume all responsibilities in their families and communities.

“I’ve been alerted to hundreds of criminalization cases from nearly every corner of the world,” said Tauli-Corpuz. “The rapid expansion of development projects on indigenous lands without their consent is driving a global crisis. These attacks—whether physical or legal—are an attempt to silence Indigenous Peoples voicing their opposition to projects that threaten their livelihoods and cultures.”

Since June 2014, when her tenure as Special Rapporteur began, Tauli-Corpuz has witnessed a significant uptick in cases of criminalization and violence in the Philippines, as well as in Brazil, Colombia, Ecuador, Guatemala, Honduras, India, Kenya, Mexico, and Peru.

Many of the worst violations are driven by rising militarization, national security acts, and anti-terrorism legislation. These can put Indigenous Peoples in the line of fire—literally—of army and police forces. During and shortly after her most recent official country visit to Guatemala in May 2018, seven indigenous leaders were killed. Another activist was murdered just two weeks ago.

“Indigenous leaders in Guatemala who raise their voices face arbitrary detention, torture and sexual harassment from the police, and even murder,” said Aura Lolita Chávez Ixcaquic of the Maya K’iche’ People for the Defense of Life, Mother Nature, Land and Territory. “The justice system not only fails to address our concerns—it is a tool for the state and private interests to attack the authorities and leaders of our communities.”

The Special Rapporteur herself was one of 600 people labeled a terrorist in a legal petition filed in her native Philippines by President Rodrigo Duterte’s government. Although her name and three others were removed from the petition—in the week before her criminalization report was expected to be released—the vast majority of people on the petition remain blacklisted.

Ms. Tauli-Corpuz has noted that the charges were retaliation for her advocacy on behalf of displaced Indigenous Peoples in the Mindanao region of the Philippines, who have faced criminalization and military actions for resisting coal mines and other developments targeting their lands.

“There is widespread impunity for those who commit violence against Indigenous Peoples,” said Anne-Sophie Gindroz, RRI Facilitator for South East Asia. “At the same time, justice systems can be used against indigenous human rights defenders. In Indonesia, for example, people have been arrested for remaining on their land after it was granted to palm oil companies by the government.”

The report notes that violence and criminalization can even extend to lawyers and civil society advocates working with Indigenous Peoples. Gindroz, a longtime indigenous activist, was expelled from the Lao People’s Democratic Republic.

“In 2016, I had to flee my country, and my entire organization went underground,” said Alfred Brownell, founder of Green Advocates, an organization of lawyers, community mobilizers, and women that advocates for the land rights of Liberia’s rural communities and the environment. “These communities are not opposed to development, but they want a say in what happens to the lands they have called home for generations. Some 3 million Liberians depend on customary territories, but their rights are in limbo until we pass vital legislation that has been debated for four years now.”

 

Across the world, laws are stacked against Indigenous Peoples. A new report from the World Resources Institute finds that the process to formalize indigenous and community land rights is extremely costly and complex, sometimes taking up to 30 years—while companies can typically secure long-term rights to land in as little as 30 days.

While the majority of recorded cases were associated with opposition to business interests, in other instances Indigenous Peoples’ ways of life are deemed illegal in the name of conservation(link is external), leading to arrests, forced evictions, and other human rights violations.

“Conservation has been given as an excuse for escalating violence against the Sengwer Indigenous Peoples living within their ancestral lands in the Embobut forest in Kenya. Some have even been killed,” said Yator Kiptum, Executive Coordinator of the Sengwer Indigenous Peoples Programme. “The Kenyan Forest Service has repeatedly forcefully evicted and burned Sengwer homes and arrested community members—in spite of the fact that the court issued an injunction to prevent such evictions. Sengwer Indigenous Peoples want to live in, govern, manage, and own their ancestral lands working hand in hand with the government and other stakeholders—this is the only way to ensure sustainable conservation of forests. Eviction will only lead to further destruction.”

 

From defamation to indefinite detention and worse, despite UN treaties

 

Criminalization typically occurs as part of the government “push back” when Indigenous Peoples oppose large-scale projects. Leaders are targeted as a strategy to suppress and silence entire communities. While the process can vary, it often follows a similar pattern:

 

  • Smear campaigns: Fueled by hate speech based on racism and discrimination, smear tactics and defamation campaigns on social media portray Indigenous Peoples as members of criminal gangs, guerrillas, terrorists, and threats against national security.
  • Criminal charges: Indigenous leaders and their communities are often accused of vague charges—such as “perturbation of public order,” “usurpation,” “trespassing,” “conspiracy,” “coercion,” and “instigation of crime.” “States of emergency” are used to suspend judicial guarantees and suppress peaceful protests.
  • Arrest Warrants: Warrants are repeatedly issued despite poor evidence and uncorroborated testimony. At times, accusations fail to name people, leaving an entire community accused of a criminal act. Many times, warrants are left pending, unexecuted, leaving the indigenous person affected under a perpetual threat of arrest.
  • Illegal shortcuts: The prosecution of indigenous individuals often includes pre-trial detention that can last up to several years, as procedural guarantees are frequently flaunted. Indigenous Peoples seldom have the means to seek legal counsel or even an interpreter. If acquitted, indigenous individuals are rarely awarded remedies.
  • Mass criminalization: Indigenous organizations have been subject to illegal surveillance and confiscations while laws imposing registration requirements and funding controls weaken their mobilization and restrict their support. Civil society organizations and lawyers who assist indigenous communities have been physically attacked and even killed.

 

The report lists a number of international treaties and conventions that provide protections for the rights of Indigenous Peoples and local communities. These agreements include:

  • United Nations Declaration on the Rights of Indigenous Peoples (UNDRIP)
  • International Covenant on Civil and Political Rights (ICCPR)
  • Universal Declaration of Human Rights
  • International Labour Organisation Convention on Indigenous and Tribal Peoples No. 169
  • International Covenant on Economic, Social and Cultural Rights
  • United Nations Framework Convention on Climate Change
  • Convention on Biological Diversity

 

To prepare the report, the Special Rapporteur drew from both primary and secondary sources, information received first-hand during country visits, a public call for submissions, and a two-day expert consultation in Geneva in March 2018. In addition, a consultation meeting with indigenous representatives took place on the side-lines of the Permanent Forum on indigenous issues in April 2018.

 

Violence continues to add up

Front Line Defenders documented 312 human rights advocates murdered in 2017. Sixty-seven percent were killed for defending their lands, the environment, or indigenous rights, nearly always in the context of private sector projects. Around 80 percent of killings took place in just four countries: Brazil, Colombia, the Philippines and Mexico.

Global Witness documented 207 killings of land and environmental defenders in 2017—the worst year on record—with agribusiness as the industrial sector linked to the most killings. Twenty-five percent of those killed were indigenous.

The failure of states to recognize the land rights of Indigenous Peoples drives this violence, and can lead to them being labeled trespassers in their own homes and evicted from the lands that form the basis of their livelihoods, social cohesion, and spiritual traditions. Indigenous Peoples and local communities customarily claim more than 50 percent of the world’s land but only have legally recognized rights to 10 percent.

“What is happening now across the world is nothing less than a systematic attack on peasant communities and Indigenous Peoples,” said Front Line Defenders Executive Director Andrew Anderson. “In their insatiable greed for wood and oil and gold, corrupt elites, who have no ambition beyond their own enrichment, risk not only destroying the lives and culture of Indigenous Peoples, but also destroying the environment on which our collective future survival depends.”

 

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Victoria Tauli-Corpuz (The Philippines), the UN Special Rapporteur on the Rights of Indigenous Peoples(link is external), is an indigenous leader from the Kankana-ey Igorot people of the Cordillera Region in the Philippines. As an indigenous leader, she has worked for over three decades on building movement among indigenous peoples and as an advocate for women’s rights. Tauli-Corpuz is the former Chair of the UN Permanent Forum on Indigenous Issues (2005-2010). She was actively engaged in drafting and adoption of the UN Declaration on the Rights of Indigenous Peoples in 2007.

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Uganda moves toward a Bamboo Policy to boost environmental conservation and green growth.

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By Witness Radio team.

 

Uganda’s move to develop a national bamboo policy aims to boost environmental conservation and create green jobs, addressing the country’s urgent unemployment issues among the working class.

 

Bamboo is a critical tool in fighting climate change due to its rapid growth, high carbon sequestration capacity, and ability to produce 35% more oxygen than equivalent trees. As a fast-growing, renewable resource, it restores degraded land, provides sustainable materials that replace emission-intensive products like concrete, and offers a resilient, low-carbon bioenergy source. 

 

Bamboo’s potential is outlined in the existing National Bamboo Strategy. Still, stakeholders stress that a formal policy involving entrepreneurs, farmers, and processors is essential to remove regulatory uncertainty and foster sector growth.

 

“The strategy is a good document, but it was developed largely through desk research. It did not fully involve entrepreneurs, farmers, and processors who are already working in the bamboo industry,” said Sjaak de Blois, chairman of Bamboo Uganda, encouraging stakeholders to see their role as vital.

 

The bamboo policy is currently at an early consultative stage, with no draft yet submitted to the cabinet or parliament. Recent consultations brought together representatives from eight government ministries, private-sector bamboo actors, and development partners to begin aligning the strategy with practical regulatory needs.

 

“What we have now is the starting point,” De Blois mentioned. “The next step is to take the strategy and make it more practical, more market-driven, and more Ugandan. The next step is to move from having a plan to adopting a policy.

 

Bamboo currently falls under several regulatory frameworks, with no single authority overseeing the sector. The policy push is being driven in part by Bamboo Uganda, a membership-based organization bringing together bamboo farmers and processors, among others. The organization aims to play a coordinating role similar to that historically played by the Uganda Coffee Development Authority in the coffee sector.

 

“If you want to make a sector meaningful for a country, you need coordination. Coffee became what it is because of an institution that aligned farmers, traders, exporters, and regulators. Bamboo needs the same kind of coordination.” He said.

 

The policy process is supported by the Belgian development agency, which is funding consultations and facilitating dialogue between the government and the private sector.

Industry players say the absence of clear regulations has constrained investment despite growing demand.

“At the moment, bamboo is everywhere and nowhere at the same time. As a farmer, you talk to forestry, as a charcoal producer, you talk to energy, as a builder, you talk to works. There is no single framework that enables the industry to function.” De Blois added.

 

Supporters of the policy argue that bamboo could play a significant role in environmental conservation. Bamboo grows rapidly, regenerates after harvesting, and can be harvested annually for decades, reducing pressure on natural forests.

 

According to Global Forest Watch (GFW), Uganda lost 1.2 million hectares of tree cover between 2001 and 2024, representing a 15% decline from the 2000 baseline. Bamboo has been identified as a key species for restoration.

 

“One acre of bamboo that is harvested sustainably can prevent the destruction of hundreds of acres of natural forest,” De Blois said. “If we get this right, bamboo can help reverse deforestation rather than contribute to it.”

 

Ms. Susan Kaikara, from the Ministry of Water and Environment, emphasized bamboo’s potential to drive Uganda’s green-growth agenda.

 

“Establishing a coherent national policy framework will strengthen coordination, inspire investment, and unlock bamboo’s full potential as a pillar of Uganda’s green economy,” she said.

 

Uganda’s charcoal market alone is estimated to be worth hundreds of millions of dollars annually, much of it supplied through unsustainable wood harvesting. Industry actors say certified bamboo charcoal plantations could offer a cleaner alternative.

 

“If they allow us to certify bamboo charcoal plantations, then we can get a trade license to compete or to work together with the existing market. We will reverse deforestation. We would enter an industry of about 500,000 hectares, creating smart, green jobs. We can digitalize them to make them attractive through bamboo agroforestry. So again, those things need a policy.” He adds.

 

Bamboo is also viewed as a climate-friendly crop due to its high capacity for carbon sequestration. Its rapid growth enables it to absorb large amounts of carbon dioxide, while its extensive root system improves soil structure and increases long-term carbon storage.

 

“When you look at carbon sequestration, bamboo offers several advantages. Residues from harvested bamboo can be converted into biochar, locking carbon into the soil for long periods. When you also see the sequestration per acre compared to many other trees, it is five or six times higher. So, we sequester a lot,” De Blois said

 

Stakeholders say that if the policy process progresses as planned, bamboo could emerge as one of Uganda’s key green growth sectors within the next decade.

 

“Policy making takes time. But what is important is that we have started the conversation with all the right ministries in the room. From here, it is about taking steady, practical steps.” He concluded.

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A Global Report reveals that Development Banks’ Accountability Systems are failing communities.

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By Witness Radio team.

For decades, development projects have been funded to address some of the World’s most pressing problems, including poverty, wildlife conservation, and climate change. However, what unfolds on the ground is sometimes the opposite of development. Instead of benefits, these projects have often harmed the very people they are supposed to support.

The effort to address such harm has led to the establishment of Independent Accountability Mechanisms (IAMs) by various development banks. Yet, communities affected by these projects often face betrayal by national court systems, leaving them feeling overlooked and vulnerable, emotions that underscore the urgent need for effective justice.

According to experts in development financing, since the early 1990s, development banks have sought to address and mitigate harm through IAMs—non-judicial grievance mechanisms that provide a direct avenue for impacted communities to raise concerns, engage with project implementers, and obtain remedies for the harm they have experienced.

The study, conducted by Accountability Counsel and titled Accountability in Action or Inaction? An Empirical Study of Remedy Delivery in Independent Accountability Mechanisms shows that while IAMs exist, their relevance has fallen short, underscoring the urgent need for reform to restore community trust and hope.

In compiling the report, researchers reviewed 2,270 complaints across 16 IAMs and conducted 45 interviews covering 25 cases globally.

The report reveals a persistent gap between the promise of remedies and their realization, highlighting that only 15% of closed complaints led to commitments, and just 10% achieved full completion, underscoring the urgent need for effective remedies for communities.

The findings highlight ongoing challenges, including inadequate implementation, limited monitoring, and persistent power imbalances, which continue to block communities from accessing meaningful remedies and demand immediate reform.

“The consequences of these institutional gaps are severe. As these cases show, institutional silence can exacerbate risk, while meaningful intervention can help de-escalate it.” The Report adds.

Uganda is among the countries where communities have sought justice using these accountability mechanisms. Between 2006 and 2010, communities in one of the districts of Uganda were brutally evicted by the UK-based Company, which was growing trees in the area.

The company was formerly an investee of the Agri-Vie Agribusiness Fund, a private equity fund supported by the International Finance Corporation (IFC), the private sector arm of the World Bank Group. The community filed a Complaint with the IFC’s accountability mechanism, the Compliance Advisor Ombudsman (CAO).

“We complained to this body in 2011, hoping for justice, but over 15 years later our people are still struggling, living miserably, some without homes,” a community land and environmental defender told the Witness Radio team.

According to the affected residents, the CAO process did not lead to success or meaningful compensation, as they had hoped.

Between 2013 and 2014, the communities, with support from the CAO, signed a final agreement with the Company to address the harm. Among other commitments, this included resettlement of the affected communities.

In its 28-page report published in 2015 titled: A Story of Community-Company Dispute Resolution in Uganda, the CAO wrote,” With the agreements concluded, implementation is gathering pace. As agreed, the company has begun extending development assistance to both cooperatives, and the process of restoring and enhancing livelihoods has commenced.

The first step taken by both cooperatives was to acquire land. In late 2013, the Mubende Cooperative bought 500 acres of ‘fertile agricultural land’ in the Mubende district. Their vision was to allocate a certain percentage of the land for resettlement, with the remainder utilized for farming projects.

Reports from the ground indicate that communities remain dissatisfied with the process, claiming it failed to address their concerns fully and highlighting the urgent need for more effective remedy systems.

“When you say that people are well, it is really a total lie. Many people were never compensated or resettled. Even those who got a portion of land say they have never seen a fertile land—I have never seen it, because people are living or cultivating on rocky, infertile lands,” the defender further revealed.

The struggle faced by the Ugandan community is not unique. Their experience mirrors what the Accountability Counsel report identifies worldwide. Despite registering more than 2000 complaints by communities harmed by bank-financed projects globally, there has been no comprehensive system-wide analysis of whether and how often these mechanisms deliver meaningful remedies, defined as tangible, material outcomes that repair harm and improve lives.

In addition to the slow success of such IAMs, the report notes that, across interviews covering 25 complaints, 84% referenced retaliation, violence, or threats of violence-an alarming indicator of the risks faced by communities seeking justice, demanding immediate attention and action.

“Government officials and company representatives were frequently implicated in efforts to suppress dissent. This not only reduces the likelihood of achieving a substantial remedy, but also suppresses the willingness of community members to speak honestly and openly about Complaint outcomes.” The report further adds,

Further, it reveals that communities described a range of retaliatory tactics, including physical clashes, arrests, detentions, fatalities, intimidation and harassment, death threats, and anonymous warning letters, among others.

“Remedy must be reimagined not as a peripheral concern but as a core responsibility of development institutions. It must be adequately resourced, independently monitored, and centered around the needs and voices of affected people,” the report adds.

The report recommends that development banks and IAMs establish a Remedy Framework with clear standards to ensure remedies are timely, adequate, and community-centered, and to encourage stakeholders to prioritize systemic reform for better justice outcomes.

The report also urges development banks and their accountability mechanisms to make remedies a foundational element of responsible finance. Adopting institutional frameworks that prioritize redress, empowering IAMs to oversee and enforce commitments, and incorporating the outcomes of IAM processes into project evaluations and institutional learning.

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Young activists fight to be heard as officials push forward on devastating project: ‘It is corporate greed’

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“We refuse to inherit a damaged planet and devastated communities.”

Youth climate activists in Uganda protesting the East African Crude Oil Pipeline, or EACOP, are frustrated with the government’s response to their demonstration as the years-long project moves forward.

According to the country’s Daily Monitor, youth activists organized with End Fossil Occupy Uganda took to the streets of Kampala in early August to protest EACOP. The pipeline, under construction since about 2017 and now 62 percent complete, is set to transport crude oil from Uganda’s Tilenga and Kingfisher fields through Tanzania to the Indian Ocean port of Tanga by 2026.

Activists noted the devastating toll, with group spokesperson Felix Musinguzi saying that already around 13,000 people “have lost their land with unfair compensation” and estimating that around 90,000 more in Uganda and Tanzania could be affected. End Fossil Occupy Uganda has also warned of risks to vital water sources, including Lake Victoria, which it says 40 million people rely on.

The group has been calling on financial institutions to withdraw funding for the project. Following a demonstration at Stanbic Bank earlier in the month, 12 activists were arrested, according to the Daily Monitor.

Some protesters were seen holding signs reading “Every loan to big oil is a debt to our children” and “It’s not economic development; it is corporate greed.”

Meanwhile, the regional newspaper says the government has described the activist efforts as driven by foreign actors who mean to subvert economic progress.

EACOP’s site notes that its shareholders include French multinational TotalEnergies — owning 62 percent of the company’s shares — Uganda National Oil Company, Tanzania Petroleum Development Corporation, and China National Offshore Oil Corporation.

The wave of young people taking action against EACOP could be seen as a sign of growing public frustration over infrastructural projects that promise economic gain while bringing harm to local communities and ecosystems. Activists say residents face costly threats from pipeline development, such as forced displacement and the loss of livelihoods.

Environmental hazards to Lake Victoria could also disrupt water supplies and food systems, bringing the potential for both financial and health impacts. Just 10 years ago, an oil spill in Kenya caused a humanitarian crisis. The Kenya Pipeline Company reportedly attributed the spill to pipeline corrosion, which led to contamination of the Thange River and severe illness.

The EACOP project has already locked the region into close to a decade of development, and concerns about the pipeline and continued investments in carbon-intensive systems go back just as long. Youth activists, as well as concerned citizens of all ages, say efforts to move toward climate resilience can’t wait. “As young people, we refuse to inherit a damaged planet and devastated communities,” Musinguzi said, per the Monitor.

Source: The Cool Down

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