9 September to 11 October 2024
Item 3: Human, civil, political, economic, social, and cultural rights, including the right to development
26 September 2024
Interactive Dialogue with the Special Rapporteur on Human rights of Indigenous Persons with Disabilities
By Adam Seymour/ GICJ
Executive Summary
During the 57th Session of the UN Human Rights Council, the critical situation of Indigenous persons with disabilities was brought to the forefront. The Special Rapporteur, Francisco Cali Tzay, stressed the urgency of addressing the compounded discrimination faced by Indigenous persons with disabilities. Indigenous communities often experience marginalisation, and when coupled with a disability, the impact on individuals’ rights is severe. Currently, it is estimated that more than 54 million Indigenous persons worldwide live with disabilities, facing unique challenges due to their intersecting identities.
The report by the Special Rapporteur highlighted the multi-dimensional discrimination these individuals endure. Key issues include exclusion from socioeconomic opportunities, barriers to access healthcare, and a lack of culturally relevant education systems. The report emphasised that historical discrimination, entrenched poverty, and the exclusion of Indigenous experiences from state welfare systems further compound the situation for Indigenous persons with disabilities.
Furthermore, particular attention was drawn to the stark gender gap in education. Indigenous girls with disabilities face significant barriers to education, resulting in higher enrolment rates for boys in many regions, which deepens gender-based inequalities in these communities.
The Special Rapporteur provided several recommendations:
- Strengthen the anti-discrimination laws to include protection for Indigenous persons with disabilities and ensure these laws are strictly enforced.
- Ensure access to inclusive, culturally appropriate education for Indigenous children with disabilities, including education in Indigenous languages.
- Develop and implement policies and programs, in consultation with Indigenous communities, that align with international standards, such as the UN.
- Create a Declaration on the Rights of Indigenous Peoples and the Convention on the Rights of Persons with Disabilities.
Background:
Globally, an estimated 1.3 billion people, 16% of the population, live with disabilities, with over 54 million Indigenous persons among them. The rate of disability among Indigenous communities is disproportionately high due to a variety of factors such as poverty, marginalisation, dangerous working conditions, and limited access to quality healthcare. Indigenous persons with disabilities often face multiple forms of discrimination which obstructs their ability to benefit from all their rights. The report prepared by the Special Rapporteur on the rights of Indigenous Peoples, Francisco Calí Tzay, analysed the barriers, challenges, and legal frameworks surrounding the rights of Indigenous persons with disabilities, based on inputs from Indigenous groups and human rights organisations.
A human rights-based approach to disability views disability as a social construct. Structural barriers in society, rather than individual impairments, are the root causes of exclusion for persons with disabilities. Indigenous persons with disabilities face intersecting layers of discrimination due to their ethnic identity and disability status, compounded by historical legacies of colonisation, dispossession, and systemic discrimination.
Colonial histories have disrupted Indigenous ways of life, leading to economic and health disparities that contribute to higher disability rates. In countries like Australia, nearly 40% of Indigenous people live with disabilities—almost three times the national average. Similar trends are observed in other regions such as the United States and Guatemala.
Summary of the UN Report
The Special Rapporteur, Francisco Calí Tzay, identified numerous barriers faced by Indigenous persons with disabilities, emphasising the detrimental effects of racism and structural discrimination on their access to healthcare, education, housing, and employment. In regions like Colombia and Australia, the legacy of colonialism has exacerbated social and economic inequalities, creating significant challenges in accessing essential services. Moreover, the clash between Indigenous cultural perceptions of disability and colonial medical models often result in inappropriate care and increased impairment rates. Legal and administrative obstacles compound these issues, as many Indigenous individuals encounter frameworks that fail to recognise their unique status, along with cultural and linguistic barriers that hinder service access.
Geographically isolated and financially constrained Indigenous persons with disabilities frequently avoid proper healthcare facilities due to experiences of discrimination and face substantial gaps in such support systems. The report also highlighted the exclusion of Indigenous women with disabilities from decision-making processes, which underscores the urgent need for inclusive practices that honour their rights and dignity. Additionally, the vulnerabilities faced by Indigenous persons with disabilities are further exacerbated by climate change, emphasising the importance of addressing these interconnected challenges through comprehensive and culturally relevant solutions. The vulnerabilities faced by Indigenous persons with disabilities are compounded by the intensifying effects of climate change, which heightens existing challenges related to health, livelihood, and cultural survival. Indigenous persons with disabilities in Asia and the Pacific and Latin America are directly and disproportionately affected by exposure to hazardous waste from extractive industries and agrochemicals, as well as the impacts of natural disasters. Even Indigenous nations situated far from extractive sites suffer the consequences, as chemicals from these operations pollute rainwater and contaminate agricultural areas, leading to illness and impairments. These factors, combined with attitudinal and environmental barriers, contribute to the disproportionately high rates of disabilities among Indigenous Peoples.
Francisco Calí Tzay, the UN Special Rapporteur on the Rights of Indigenous Peoples, emphasised the urgency of addressing these intersecting issues through comprehensive, culturally relevant, and inclusive solutions. In many regions, Indigenous Peoples experience mercury poisoning at significantly higher rates than their non-Indigenous counterparts, often resulting in severe neurological impairments. The Special Rapporteur's report on his visit to Canada highlighted the devastating intergenerational effects of decades of mercury contamination on the Grassy Narrows First Nation, particularly among children, who face serious challenges such as seizures, speech impairments, and intellectual disabilities.
The Special Rapporteur, addressing concerns raised and highlighting key aspects of the report on Indigenous persons with disabilities. He emphasised that Indigenous disability issues are deeply shaped by the colonial past and environmental barriers, rather than individual impairments. The Special Rapporteur urged states to improve health care and social protection measures for Indigenous persons with disabilities, emphasising the need for culturally appropriate services and the integration of Indigenous knowledge systems into mainstream policies.
He also highlighted the importance of addressing systemic poverty, environmental pollution, and racial discrimination, which disproportionately affect Indigenous communities. The Special Rapporteur stressed the need for States to ensure that Indigenous women with disabilities are protected from violence and have equal access to education, healthcare, and participation in political processes at all levels.
In his response, he urged states to strengthen anti-discrimination laws and ensure Indigenous persons with disabilities are involved in decision-making processes, particularly through meaningful consultation and free, prior, and informed consent. He also called for the inclusion of his recommendations in national laws to protect the collective rights of Indigenous Peoples, including access to lands, resources, and self-determination.
The report emphasised the importance of supporting human rights, ensuring environmental protection, and guaranteeing equal participation for Indigenous persons with disabilities in all aspects of society. The Special Rapporteur concluded by urging states to fully implement these recommendations to advance equality, human rights, and sustainable development for Indigenous communities.
Interactive Dialogue
Response of thedelegate from New Zealand
In their statement, the delegation of New Zealand, on behalf of Mexico and New Zealand as co-chairs of the Group of Friends of the Convention on the Rights of Persons with Disabilities, expressed appreciation for the Special Rapporteur’s report and presentation to the Council.
The delegation voiced concern regarding the Special Rapporteur’s conclusions that Indigenous persons with disabilities often face multiple and intersecting forms of individual and structural discrimination, creating significant barriers to the full enjoyment of their rights. The delegation also voiced growing concern about Indigenous women with disabilities, who face unique challenges due to intersecting discrimination based on gender, race, and disability.
New Zealand, representing both itself and Mexico, urged all parties to uphold the 2006 Convention on the Rights of Persons with Disabilities (CRPD) (Resolution A/RES/61/106), which recognises the diversity of persons with disabilities and affirms that discrimination based on disability violates human dignity. The delegation emphasised a human rights-based approach to disability, prioritising empowerment, inclusion, and full participation for all persons with disabilities, including Indigenous individuals. Additionally, New Zealand supported the Special Rapporteur’s call for better global data on Indigenous persons with disabilities.
Response of the delegate from the European Union
In their statement, the European Union delegation expressed gratitude to the Special Rapporteur for his comprehensive report on Indigenous persons with disabilities.
The delegation noted that the report highlighted how Indigenous persons with disabilities experience multiple forms of discrimination. Beyond their impairments, they face compounded impacts of poverty, environmental injustice, and social exclusion. Indigenous women with disabilities encounter unique challenges due to the intersectionality of discrimination based on gender, race, and disability.
In this context, the EU emphasised that only through a commitment to intersectional approaches and Indigenous-led solutions can we promote full inclusion, dignity, and respect for their rights, as outlined in the UN Declaration on the Rights of Indigenous Peoples (UNDRIP) and international human rights law.
The European Union is dedicated to targeted action on disability and disability mainstreaming in their external action plan. The EU’s Action Plan on Human Rights and Democracy outlines their ambition to combat all forms of discrimination faced by persons with disabilities. Paying particular attention to multiple and intersecting forms of discrimination in accordance with their human rights guidelines on non-discrimination in external action.
Response of the delegate from Cuba:
In their statement, Ms. Edilen Bárbara Pita Rodriguez, representing the Cuban delegation, acknowledged the critical importance of governments continuing their efforts to protect the economic, social, cultural, civil, and political rights of communities and groups in vulnerable situations, particularly Indigenous peoples.
The delegate emphasised that strengthening the participation of Indigenous representatives in this dialogue, as well as in discussions with the Special Rapporteur, is an essential measure. This initiative not only responds to the rights recognized in the UN Declaration on the Rights of Indigenous Peoples but also demonstrates the dedication towards ensuring that Indigenous voices are effectively represented and heard in these crucial dialogues.
Response of the delegate from UNICEF
The representative of UNICEF, Ms. Sara Maggiore, recognised the significant barriers Indigenous children, particularly girls and women, face in accessing healthcare and early intervention services. These challenges are compounded by intersecting layers of discrimination, further limiting their opportunities and life chances. The delegate highlighted the critical need for collective action to dismantle these barriers and promote inclusive policies that cater to the unique needs of Indigenous communities.
UNICEF emphasised the urgent need for policies that respect and uphold the full rights of Indigenous children with disabilities, ensuring they have access to services on an equal basis with all other children. UNICEF highlighted that Indigenous children with disabilities face heightened risks, especially in the context of climate change and environmental challenges, which further impact their access to education, healthcare, and social protection. The organisation emphasises that inclusive, culturally relevant policies are essential to address these children’s specific needs and to support their development within safe, respectful environments that recognise their unique identities and rights.
Geneva International Centre for Justice (GICJ) urges all governments to effectively address the discrimination and rights violations faced by Indigenous persons with disabilities, as outlined by the Special Rapporteur. States must comply with international standards and adopt concrete measures to create inclusive and equitable environments for these individuals. GICJ implores governments to hold accountable those who are responsible for perpetuating systemic discrimination and to ensure that the rights of Indigenous persons with disabilities are fully respected and protected at all levels.
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