Acts of criminalization and impunity against indigenous peoples are serious and systemic violations of their human rights, dignity and wellbeing. It renders them powerless and diminishes opportunities and spaces to assert and protect their individual and collective rights and to fight against inequality, racism and discrimination.

Furthermore, when leaders and members of indigenous peoples are criminalized and face serious threats to their lives, protection measures are very inadequate and emergency response measures hardly exist.  Likewise, families of victims often do not receive any support from State bodies.

Addressing the issues of worsening criminalization and impunity against indigenous peoples and their lack of access to justice and redress, will challenge the status quo.

It will put more pressure on the States, to comply with their obligations as the duty-bearers of human rights and on corporations and investors who should implement the Guiding Principles on Business and Human Rights, particularly their responsibility to respect human rights and ensure access to redress.

Unless States abide by their human rights commitments and obligations and made accountable when violations occur, including in regulating the activities of corporations and the private sector, the criminalization and impunity against indigenous peoples will continue.  It is thereby imperative for indigenous peoples, human rights advocates and institutions to increase their efforts and together to address the criminalization, violence and impunity against indigenous peoples.

It is important to know and recognize that indigenous peoples have their own justice systems and traditional and collective ways of protecting their territories, governing themselves, providing sanctuary to their neighbors. These continue to exist and if these are supported and recognized their capacities to address criminalization, violence and impunity can be strengthened.