When around 70,000 Indigenous Maasai were expelled from their lands in northern Tanzania in 2022, it didnāt happen in a vacuum.
For years, the Tanzanian government has systematically attacked Maasai communities, imprisoning Maasai leaders and land defenders on trumped-up charges, confiscating livestock, using lethal violence, and claiming that the Maasaiās pastoralist lifestyle is causing environmental degradationāa lifestyle that has shaped and sustained the land that the Maasai have lived on for centuries.
This rise in criminalization, especially in the face of mining, development, and conservation is being noted in Indigenous communities around the world and was the key focus of a report released this week at the UN Permanent Forum on Indigenous Issues, or UNPFII, the largest gathering of Indigenous activists, policymakers, and leaders in the world.
Criminalization
āItās a very serious concern because the Indigenous people who have been resisting the taking over of their lands and territories, they are the ones who most commonly face these charges and criminalization,ā Victoria Tauli-Corpuz, former United Nations Special Rapporteur on the Rights of Indigenous Peoples told a packed panel on the topic on Tuesday. āThere is a need to focus on criminalization because this is what brings fear to Indigenous communities and it is also what curtails them in their capacity to assert their right to self-determination.ā
The report āCriminalization of Indigenous Peoplesā Human Rightsā lays out the mechanisms by which Indigenous Peoples around the world are increasingly facing criminalization and violations of their rights with impunity. Indigenous land, subsistence and governance rights are often poorly implemented if at all, leading to violations when they intersect with government and third party interests, especially in extractive industries and conservation.
In addition to historical discrimination, a lack of access to justice for Indigenous rights holdersāincluding environmental and human rights defenders, journalists, and communitiesāleads to higher rates of arrests and incarcerations. TheĀ reportĀ provides recommendations for UN bodies, states, and other relevant actors to better address this growing threat.
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