UNICEF_BTS_3b_v3 5/24/13 9:28 AM Page A

Breaking the Silence on Violence against Indigenous Girls, Adolescents and Young Women

A call to action based on an overview of existing evidence from Africa, Asia Pacific and Latin America UNICEF_BTS_3b_v3 5/24/13 9:28 AM Page B

© United Nations Children’s Fund (UNICEF), the United Nations Entity for Gender Equality and the Empowerment of Women (UN Women), the United Nations Population Fund (UNFPA), the International Labour Organisation (ILO) and the Office of the Special Representative of the Secretary-General on Violence against Children (OSRSG/VAC).

May 2013

Permission to reproduce any part of this publication is required. Please contact:

Human Rights Unit Programme Division, UNICEF 3 United Nations Plaza, New York, NY 10017, USA Email: [email protected]

The opinions expressed in this publication are those of the contributors and do not necessarily reflect the policies or views of the United Nations Children’s Fund (UNICEF), United Nations Entity for Gender Equality and the Empowerment of Women (UN Women), the United Nations Population Fund (UNFPA), the International Labour Organisation (ILO) and the Office of the Special Representative of the Secretary-General on Violence against Children (OSRSG/VAC).

For any corrigenda found subsequent to printing, please visit www.unicef.org/publications

Cover Images Local symbol: traditional embroidery made in the department of Sololá, in the highlands of Guatemala, home to descendants of the Mayan culture Left : © Christian Erni / IWGIA Photo Archive Center : UN Trust Fund to End Violence against Women / © Rajesh Krishnan Right : © Jenneke Arens / IWGIA Photo Archive UNICEF_BTS_3b_v3 5/24/13 9:28 AM Page i

Contents

Acknowledgements ...... iv Foreword ...... vi Special Message ...... vii Preface ...... viii

Executive summary ...... 1 I Purpose and objectives ...... 1 II Scope, methods, sources, opportunities and limitations ...... 2 III Key findings ...... 4

Section I: Background ...... 9 1.1 Introduction ...... 9 1.2 Research objectives ...... 10 1.3 Methods, sources, scope, opportunities and limitations ...... 10 1.4 Structure of the report ...... 12

Section II: Global perspectives and contexts ...... 13 2.1 Violence against women and girls: a working definition and manifestations ...... 13 2.2 Why focus on indigenous girls, adolescents and young women? ...... 14 2.3 Understanding the contexts of violence against indigenous girls, adolescents and young women: the ecological model .. 14 2.4 International human rights standards, mechanisms and commitments ...... 16

Section III: The contexts of indigenous peoples and the interface between structural and underlying causes and risk factors for violence against indigenous girls, adolescents and young women: illustrations from Africa, Asia Pacific and Latin America ...... 19 3.1 Introduction ...... 19 3.2 Indigenous peoples of Africa, Asia Pacific and Latin America ...... 19 3.3 Structural and underlying causes and risk factors for violence ...... 19 UNICEF_BTS_3b_v3 5/24/13 9:28 AM Page ii

Breaking the Silence on Violence against Indigenous Girls, Adolescents and Young Women: ii A call to action based on an overview of existing evidence from Africa, Asia Pacific and Latin America

Section IV: Manifestations of violence against indigenous girls, adolescents and young women: examples from Africa, Asia Pacific and Latin America ...... 27 4.1 Introduction ...... 27 4.2 Violence against indigenous girls, adolescents and young women: what has been documented to date? ...... 27

Section V: Case studies from Kenya, the Philippines and Guatemala ...... 37 5.1 Introduction ...... 37 5.2 Kenya: Harmful practices affecting girls and adolescents ...... 37 5.3 Guatemala: Violence against indigenous girls, adolescents and young women in a post-conflict era ...... 39 5.4 The Philippines: Girls and adolescents associated with armed forces and armed groups in Mindanao ...... 41

Section VI: Overview of on-going national-level initiatives of relevance to address violence against indigenous girls, adolescents and young women and the challenges of implementation ...... 43 6.1 Introduction ...... 43 6.2 General progress ...... 43 6.3 Institutional frameworks ...... 45 6.4 Efforts to prevent violence ...... 46 6.5 Efforts to protect and support women and girls who have experienced violence ...... 47

Section VII: Conclusion and recommendations with guiding principles ...... 51 7.1 Conclusion ...... 51 7.2 Principles ...... 51 7.3 Recommendations ...... 52 7.4 Way forward ...... 54

Appendix ...... 55 Working definitions ...... 55 Acronyms ...... 56

Notes ...... 57 UNICEF_BTS_3b_v3 5/24/13 9:28 AM Page iii

List of Illustrations

Table 1: Participation of children and adolescents in economic activities ...... 6 Table 4.2.1: Percentage of ever-married girls and women aged 15-49 whose husbands have ever exhibited selected types of controlling behaviours by background characteristics ...... 29 Table 4.2.2: Percentage of sex preference by sex (15-49) and states where indigenous populations are located ...... 31 Table 4.2.4: Participation of children and adolescents in economic activities ...... 33 Table 5.2: Literacy levels of males and females 15-49 years in selected districts ...... 38 Table 5.3: Demographic profile of Guatemala by indigenous background, age (15-49 years) and sex ...... 39 Table 5.4: Reports of grave violations against children in armed conflict (2012) by sex ...... 41 Table 6.4.1: Scholarships awarded by the rural girls scholarship programme ...... 46

Figure 2.3: Using the ecological model to explain risk factors for violence against indigenous girls, adolescents and young women ...... 15 Figure 3.3.4: Trends in extreme poverty, Plurinational State of Bolivia ...... 22 Figure 3.3.4.1: Trends in extreme poverty, Guatemala ...... 22 Figure 3.3.4.2: Inequalities between indigenous and non-indigenous populations in Guatemala ...... 23 Figure 4.2.1: Percentage of ever-married women who have been inflicted by violence by their current or former spouse ...... 28 Figure 4.2.2: Percentage of women age 18-29 and men age 21-29 who were married by legal age for marriage in India (18 for women and 21 for men) ...... 30 Figure 4.2.4: Forced dispossession from ancestral lands as a risk factor for violence ...... 35 Figure 5.3: Is your community safe? Guatemala, Chimaltenango and Totonicapán perceptions ...... 40 Figure 5.3.1: Reasons for insecurity inside the communities: Guatemala, Chimaltenango and Totonicapán perceptions ...... 40 UNICEF_BTS_3b_v3 5/24/13 9:28 AM Page iv

Breaking the Silence on Violence against Indigenous Girls, Adolescents and Young Women: iv A call to action based on an overview of existing evidence from Africa, Asia Pacific and Latin America

Acknowledgements

Advisory Panel High-Level Support Technical Reviews is research was initiated and executed e team benefitted tremendously from We thank colleagues who commented on under the guidance of an inter-agency the professional experience, commitment various drafts of the report. ey were: technical panel consisting of staff from and support of Marta Santos Pais, the UNICEF (Guatemala: Ivan Yerovi, five United Nations entities. ey were: Special Representative of the United Magda Medina, Justo Solorzano and the United Nations Children’s Fund Nations Secretary-General on Violence Christian Skoog; Americas and the (UNICEF) (Beatrice Duncan, Clara against Children, and from the wisdom Caribbean Regional Office: Enrique Sommarin, Nicola Brandt and Anne of the United Nations Permanent Forum Delamonica and Victoria Colamarco; Daher Aden); the United Nations Entity on Indigenous Issues (UNPFII) under Kenya: Brendan Ross; West and Central for Gender Equality and the the leadership of its immediate past Africa Regional Office: Joachim eis; Empowerment of Women (UN Women) chairman, Grand Chief Edward John, East Asia and the Pacific Regional Office: (Claudia Briones); the United Nations and the International Indigenous Diane Swales and Amalee McCoy; Population Fund (UNFPA) (Alfonso Women's Forum under the leadership of the Philippines: Sarah Norton-Staal; Barragues and Sonia Martinelli- its Executive Director Otilia Lux de Coti. India: Kanchan Dyuti Maiti; New York: Heckadon); the International Labour Special thanks are extended to Chandra Cody Donahue and Gabriel Vockel) and Organization (ILO) (Albert Barume); Roy-Henriksen, Arturo Requesens Claudia Cappa and Nicole Petrowski of and the Office of the Special and Mirian Masaquiza of the UNPFII the UNICEF Statistics and Monitoring Representative of the Secretary-General Secretariat for facilitating this much- Section who extended timely statistical on Violence against Children needed partnership with the Forum. support; UN Women (Guatemala: (Cecilia Anicama). Teresa Zapeta; the Philippines: Aida Jean Peer Reviews Manipon); UNFPA (Regional Office for Supervision and Technical e team is highly appreciative of the Latin America and the Caribbean: Ana Direction insights and fresh perspectives availed Elena Badilla and Vicky Camacho; e process was managed by the by two internationally renowned experts Asia and the Pacific Regional Office: Human Rights Unit of the Gender and in the field of gender-based violence, Anne Harmer; Guatemala: Leonor Rights Section of UNICEF’s Programme namely Rashida Manjoo, the United Calderón and Ana Luisa Rivas; the Division (Beatrice Duncan with support Nations Special Rapporteur on Republic of Congo: David Lawson; the from Nicola Brandt) in partnership with violence against women, its causes Philippines: Ugo Daniels; Bolivia: Jaime the Child Protection and Adolescent and consequences, and Blanca Blanco, Nadal and Mónica Yaksic; Colombia: Development and Participation sections. the Country Director of Trocaire Tania Patriota and Esmeralda Ruiz; Emily Krasnor, a consultant working Guatemala. Ecuador: Jorge Parra; Mexico: Alfonso with the Gender and Rights Section, Sandoval and Maria Jose Gomez; New provided invaluable support. York: Azza Karam and Upala Devi); and the Office of the Special Representative of the Secretary-General on Violence against Children (Joost Kooijmans). UNICEF_BTS_3b_v3 5/24/13 9:28 AM Page v

Breaking the Silence on Violence against Indigenous Girls, Adolescents and Young Women: A call to action based on an overview of existing evidence from Africa, Asia Pacific and Latin America v

Leadership Senior-Level Support e report’s lead consultant and former Senior-level support and guidance from chairperson of the UNPFII, Victoria various agencies ensured the successful Tauli-Corpuz, provided remarkable completion of this report. UNICEF: leadership and guidance in setting the Anju Malhotra, Judith Diers, Susana frame of the research. Sottoli and Christian Salazar provided critical support. e support and Research Team assistance received from Richard Morgan We extend particular appreciation to and Rina Gill at the inception stage are the research team: Naomi Kipuri (Africa, highly appreciated. For the passion and Kenya and Latin America); Rebeca energy from UN Women: Riet Groenen; Rios-Kohn and Leah Enkiwe-Abayao UNFPA: Aminata Touré, as well as from (Asia Pacific); Emily Krasnor, Luis Mora and Abubakar Dungus; ILO: Jerry Bangcawayan, Ana Diaz, Jane Hodges and Raphael Crowe. Tala Aurora, Salinas Ramos and Arvin Manuel Villalon (the Philippines); and Administrative Support Aracely Martinez and Cecilia Umul Kassech Alley, Kathy Dang and (Guatemala). In Guatemala, Alejandra Bahula Boring of UNICEF provided Colom of the Population Council much-needed administrative support. provided crucial assistance. Production and Distribution A pool of research assistants provided Design by Kavita Graphics much-appreciated support in the Printed by GSB DIGITAL development process of this report: Jessica omas, Julie DeLuca, Sonia Dias, Dinah Adiko, Alice Wu, Victoria Mattiuzzo, Young Won Kim, Alexis Newton and Olivia Rosen.

Editorial Team e team thanks Beatrice Duncan, Nicola Brandt, Scott Fontaine, Claudia Briones and Young Won Kim. UNICEF_BTS_3b_v3 5/24/13 9:28 AM Page vi

Breaking the Silence on Violence against Indigenous Girls, Adolescents and Young Women: vi A call to action based on an overview of existing evidence from Africa, Asia Pacific and Latin America

Foreword The United Nations Declaration on the Rights of Indigenous Peoples includes Article 22, which ensures that indigenous women and children enjoy the full protection and guarantees against all forms of violence and discrimination. At the time of negotiating this provision, the drafters knew that the contexts in which many indigenous women and girls live place them at risk of violence.

Even before the adoption of the However, in all societies there are peoples, civil society organizations and declaration in 2007, the United Nations practices to keep, practices to change and United Nations agencies, funds, Permanent Forum on Indigenous Issues practices to reconsider. While indigenous programmes and special mandate holders (UNPFII) had at its Fifth Session in peoples continue to value and perpetuate to further examine and assess their real 2006 recommended to United Nations their culture and way of life, we should experiences in order to effectively focus organizations and States to provide not be exempt from this type of interventions and strengthen protective comprehensive reports on violence reflection. We hope this report will factors that work to prevent and reduce against indigenous women and girls, trigger change so that indigenous the likelihood of violence. particularly sexual violence and violence communities – women, men, girls and in settings of armed conflict. boys – can play their role in guaranteeing To truly realize the rights of indigenous a life free from violence and girls, adolescents and young women, is study responds to that call. It finds discrimination for indigenous girls, there must be a positive and cooperative that violence against these groups must adolescents and young women. environment for their promotion and be understood within the broader protection. It is our hope that this study contexts of indigenous peoples’ historic As the study exposes gaps in research and will catalyse action so that together we and continuing marginalization and data collection in regard to violence will not only declare that violence is discrimination, violations of their against these groups, it is the collective unacceptable but also make its prevention collective and individual rights, responsibility of States, indigenous and elimination a living reality. displacement, extreme poverty and often-limited access to culturally appropriate basic services and justice – a finding that is consistent with the views of the UNPFII and the International Indigenous Women’s Forum. Grand Chief Edward John, Otilia Lux de Coti Chairperson United Nations Executive Director, International Permanent Forum on Indigenous Issues Indigenous Women’s Forum UNICEF_BTS_3b_v3 5/24/13 9:28 AM Page vii

Breaking the Silence on Violence against Indigenous Girls, Adolescents and Young Women: A call to action based on an overview of existing evidence from Africa, Asia Pacific and Latin America vii

Special Message Freedom from violence is a fundamental right of children that each country has committed to uphold. Indeed, the Convention on the Rights of the Child, its three Optional Protocols, and the Convention on the Elimination of All Forms of Discrimination against Women, widely ratified by countries in all regions, provide a sound normative foundation to prevent and address all forms of violence against indigenous girls and boys. Other international human rights standards, such as the ILO’s Indigenous and Tribal Peoples Convention No. 169 and Child Labour Conventions Nos. 138 and 182, and the United Nations Declaration on the Rights of Indigenous Peoples complement this important international framework for the protection of the rights of indigenous children.

Guided by these international and drug abuse, self-harm and suicide. It discrimination and prejudice. is is a instruments, the United Nations prevents young people from developing priority concern underscored by the Permanent Forum on Indigenous Issues to their full potential, from participating United Nations Secretary-General’s and other United Nations human rights as equal and active members in society, Study on violence against children, and is mechanisms, including the Special and from playing a leading role in the also a constant request children convey. Rapporteur on the rights of indigenous transmission of ancestral knowledge, peoples, the Special Rapporteur on culture, identity and language on an This new report, Breaking the silence on violence against women, its causes and equal footing with their male violence against indigenous girls, consequences, and my own mandate as counterparts as noted in this study. adolescents and young women: a call to Special Representative of the United action based on an overview of existing Nations Secretary-General on Violence is situation is however not inevitable evidence from Africa, Asia Pacific and against Children, act as global advocates as it can in fact be effectively prevented. Latin America, is a thoughtful for the protection of indigenous children As I have highlighted in my own reports, contribution to the global agenda to from violence, whichever its one fundamental component of national prevent and eliminate violence against manifestations may be and wherever efforts for violence prevention and for indigenous girls, adolescents and young these incidents may occur. the effective protection of children, women. It offers valuable insights, including indigenous girls and positive experiences and comprehensive e emergence of a strong normative adolescents, is the enactment of recommendations, including a set of framework for the protection of the legislation that explicitly prohibits all guiding principles to accelerate progress rights of indigenous children opens forms of violence in all contexts, and inspire further debate and avenues for a rich process of national supported by safe and child-sensitive innovative action to protect girls and implementation for achieving steady counselling, reporting and complaint women from violence in all its forms progress. Yet, as the present study reveals, mechanisms that children can access and in all contexts where incidents may the challenges faced by indigenous girls, when incidents of violence occur. occur. I am confident that the report adolescents and young women remain Recognizing the special needs of will serve as an inspiring reference for serious and widespread. Due to gender indigenous girls and boys, mechanisms consolidating sustainable achievements inequality and the traditional status of must not only be child- sensitive, but and building a world where the rights of women in and outside of indigenous also culturally-sensitive in order to take indigenous children are effectively communities, they continue to face ethnicity and cultural diversity into safeguarded and protection from neglect, sexual abuse and exploitation, account, and prevent any form of violence is a reality for all. human trafficking, forced and bonded labour, other slave-like practices and harmful practices.

Violence contributes to trauma, low self- Marta Santos Pais, esteem, poor health and poor school Special Representative of the United performance, and is often associated with Nations Secretary-General on Violence the high incidence of depression, alcohol against Children UNICEF_BTS_3b_v3 5/24/13 9:28 AM Page viii

Breaking the Silence on Violence against Indigenous Girls, Adolescents and Young Women: viii A call to action based on an overview of existing evidence from Africa, Asia Pacific and Latin America

Preface This study offers a unique opportunity to rally behind the UNiTE to End Violence against Women Campaign of the United Nations Secretary-General and to remain steadfast to the recommendations of his two 2006 global studies on violence against children and violence against women.

is results bring into sharp focus the women is therefore pivotal to achieving within which violence against indigenous pervasive nature of violence and its these objectives. girls, adolescents and young women take nexus with other human rights concerns, place, this study aims to provide its target such as the right to be protected from In this respect, the Convention on the audience (governments, indigenous discrimination, justice, education and Elimination of All Forms of communities, civil society organizations, health, including sexual and Discrimination against Women, the bilateral organizations and the United reproductive health. It furthermore Convention on the Rights of the Child Nations system, including United Nations underscores the inextricable association and the United Nations Declaration on funds, programmes, special procedures and between the vulnerability to violence the Rights of Indigenous Peoples cannot mechanisms and regional commissions) suffered by indigenous girls, adolescents be meaningfully implemented unless with a useful tool for designing sustainable and young women and the broader efforts are strengthened to guarantee that and appropriate interventions to prevent contexts of historical and continuing indigenous girls, adolescents and young and respond to violence. marginalization and discrimination of women enjoy the full realization of their many indigenous peoples. rights and are free from violence and the Looking ahead, it is critical that the culture of impunity around which it findings and recommendations of this It has long been recognized and recently revolves. As a first step, limitations and study are integrated into discussions and reinforced in the United Nations General challenges posed by the lack of outcomes of on-going global agenda- Assembly Resolution detailing the comprehensive data disaggregated by age, setting processes, including the 2014 Quadrennial Comprehensive Policy sex, location and ethnic status must be World Conference on Indigenous Review (2012) that gender equality is a urgently addressed as a means to tackling Peoples, the International Conference on fundamental element in the achievement the invisibility of the hardships endured Population and Development Beyond of sustained and inclusive economic by these groups. 2014 review process and the Post-2015 growth, poverty eradication and Development Agenda. sustainable development. Advancing the By creating awareness of the severity and rights of girls, adolescents and young unique characteristics of the contexts UNICEF_BTS_3b_v3 5/24/13 9:28 AM Page 1

Executive summary

I. Purpose and objectives This study is in response to a call made by the United Nations Permanent Forum on Indigenous Issues (UNPFII) to United Nations agencies to contribute to the state of knowledge on violence against indigenous girls, female adolescents and young women (referred more briefly to as ‘indigenous girls and women’). It builds on the United Nations Secretary- General’s study on violence against children, his in-depth study on all forms of violence against women and his report on the status of implementation of the Convention on the Rights of the Child (CRC), with a focus on the rights of indigenous children. It also draws upon the International Indigenous Women’s Forum’s companion report to his in-depth study on violence against women, Mairin Iwanka Raya.1 The Secretary-General’s three reports reaffirm the UNPFII’s concerns of the urgent need to improve data collection and information systems for informing policy and programming, and tracking progress towards the goals of preventing and punishing violence.

Given data limitations, the study is not indigenous girls and women and reflects intended to be exhaustive, conclusive or an urgent desire by the initiating partners comprehensive. Instead, it aims to be to contribute to the accelerated illustrative of documented evidence implementation of the United Nations revolving around three main areas of Declaration on the Rights of Indigenous investigation, namely: Peoples (UNDRIP), the CRC, the Convention on the Elimination of All (1) e interface between the historical, Forms of Discrimination against Women political, economic, social and (CEDAW) and other relevant cultural contexts of indigenous instruments. peoples, including the structural, underlying causes and risk factors II. Scope, methods, associated with violence against sources, opportunities indigenous girls and women; and limitations (2) e different manifestations of violence documented against these e study was undertaken through a groups in different settings, with an systematic desk review of quantitative emphasis on domestic, community and qualitative sources spanning between and health (including sexual and 2000 and 2013 to reflect the period from reproductive health) in the regions when a substantial number of relevant under study; and studies and surveys were initiated. (3) On-going national level initiatives in the fields of prevention, protection Country reports of Demographic and and response to violence and the Health Surveys (DHS), Multiple challenges associated with their Indicator Cluster Surveys (MICS) and implementation. Child Labour Surveys (CLS) undertaken through the ILO/International e study represents the first attempt at Programme on the Elimination of Child providing a broad overview of the Labour (IPEC) Statistical Information existing evidence on violence against and Monitoring Programme on Child UNICEF_BTS_3b_v3 5/24/13 9:28 AM Page 2

Breaking the Silence on Violence against Indigenous Girls, Adolescents and Young Women: 2 A call to action based on an overview of existing evidence from Africa, Asia Pacific and Latin America

Labour (SIMPOC) were used to assess is decision was strengthened by a represents the Asia Pacific in terms of the and collate information on various forms review of national Millennium involvement of girls and adolescents in of violence affecting indigenous girls and Development Goals reports undertaken armed conflict in the predominantly women.2 Qualitative sources included by the UNPFII on countries based in indigenous area of Mindanao and the information databases of the Africa, Latin America and Asia Pacific accompanying initiatives to address this UNPFII, the United Nations Secretary- regions that highlight significant gaps in situation. General’s UNiTE to End Violence data on the development concerns and against Women Campaign, United priorities of indigenous peoples.3 e study adopts United Nations Nations agencies, academic institutions, standard definitions and concepts. It is reports of Member States and civil Regional perspectives were balanced for example, informed by the prevailing society organizations to treaty bodies (in with country perspectives on some view within the international community particular the Committee on the Rights specific forms of violence for in-depth that no formal definition of indigenous of the Child (CRC Committee), the study. e selection was based on the peoples is necessary and is underpinned Committee on the Elimination of All criteria of availability of information on by the fundamental subjective criterion Forms of Discrimination against Women a specific form of violence and evidence of self-identification and the objective (CEDAW Committee) and their of on-going initiatives to address that characteristics of 1) distinct social, concluding observations and specific form of violence in three cultural and economic conditions, and 2) recommendations) and the Universal countries. On that basis, Kenya was descent from populations which Periodic Review (UPR), reports of selected as a case study in the Africa originally inhabited the country prior to United Nations special procedures and region given available evidence on the colonization.4 mechanisms, ILO supervisory bodies, prevalence of female genital and regional and national human rights mutilation/cutting (FGM/C) among For guidance on referencing people who institutions. indigenous communities and promising identify themselves as indigenous, the legislative developments in this field. For study relies on the UNPFII’s State of the As the findings of the study will be used Latin America, Guatemala was selected World’s Indigenous Peoples (2009), the to inform policy, planning and for the study to benefit from its widely International Working Group for implementation at country level, it was documented experience as a post- Indigenous Affairs’ annual publication necessary to ensure that the geographical conflict country and on-going legislative e Indigenous World and Minority focus reflects a blend of low- and middle- and institutional reforms aimed at Rights Group International’s World income contexts pertinent to the addressing issues such as femicide and Directory of Minorities and Indigenous development objectives of the United sexual violence among indigenous Peoples. Nations partners involved in this study. women and girls. Finally, the Philippines e study encountered some limitations as well as opportunities: As the selection of DHS modules and reporting on the outcomes by ethnicity are at the discretion of governments concerned, the study could not benefit from the richness of what such data potentially affords. Furthermore, MICS and DHS are designed for assessing the prevalence of some forms of violence (e.g., FGM/C and child marriage) and not others (e.g., human trafficking). Additionally, although the ethnic background of respondents or household head is taken into account in both surveys, the scattered nature and small sizes of indigenous populations in some countries do not allow for significant © Christian Erni / IWGIA Photo Archive sampling. UNICEF_BTS_3b_v3 5/24/13 9:28 AM Page 3

Breaking the Silence on Violence against Indigenous Girls, Adolescents and Young Women: A call to action based on an overview of existing evidence from Africa, Asia Pacific and Latin America 3

Conversely, significant sampling is gender stereotypes that underlie and and sexual violence.10 Worldwide, one possible in countries where indigenous perpetuate such violence, as well as other third of all new HIV cases involve young peoples are concentrated in specific factors that can increase women’s and people aged 15–24, and adolescent girls geographical areas given that the majority girls’ vulnerability to such violence.5 are at far greater risk of contracting HIV of DHS and MICS collect and report on than boys.11 data by location in addition to other Its dimensions include physical, sexual characteristics such as sex and age. Such and psychological/emotional violence in e hidden and clandestine nature of demographic advantages exist in the case the family and community, as well as some forms of violence manifest place of Bolivia (Plurinational State of), India, such violence perpetrated or condoned some girls and adolescents beyond Kenya and the Philippines from where by the State. Specific forms and detection and available protective DHS data (2008, 2005-2006, 2008- manifestations include domestic mechanisms. Twenty-seven per cent of all 2009 and 2008, respectively) violence, child marriage, forced victims of human trafficking detected progressively capture information pregnancy, honour crimes, FGM/C, globally are children; of these child pertaining to indigenous peoples by femicide, non-partner sexual violence victims, two thirds are girls.12 While the location. To a more limited extent, and exploitation, sexual harassment, gender and age profile of victims varies similar observations may also be made trafficking and violence in conflict by region, the number of girls who were with respect to the MICS of the Lao situations.6 trafficked and detected increased from People’s Democratic Republic (2006) 2007 to 2010, during which time they and Viet Nam (2011). e review also Although efforts are being harnessed to accounted for 15-20 per cent of the total found that the additional step taken by address the situation, more remains to be number of victims.13 Of the estimated India, Kenya and Viet Nam to done. In the case of FGM/C, for 15.5 million children worldwide engaged specifically disaggregate some if not all of instance, prevalence in the 29 countries in domestic work – considered the largest their survey findings by ethnicity in Africa and the Middle East where the category of child labour – the majority enhances specificity in analysing the practice is concentrated, has declined are girls who are easily isolated and have situation of indigenous populations in from an estimated 53 per cent of women little protection or social support, thus those countries. aged 45- 49 being cut to an average of making them vulnerable to physical and 36 per cent of adolescents and young sexual assault when performing work As far as qualitative sources are women aged 15-19 being cut, but this is within the household.14 concerned, the review found these to be still a significant proportion of the young patchy and scattered, spanning across a generation going through FGM/C.7 Acceptance of these forms of violence number of categories such as those which Similarly, despite near-universal and others, along with the corresponding deal with violence against women and commitments to end child marriage, one lack of accountability and impunity, children in general, in which are some third of all girls in developing countries reflect discriminatory norms that references to indigenous girls and young (excluding China) are likely to be reinforce a lower status accorded to girls women. married before age 18, and one out of and women in society, particularly when nine will be married before they reach the majority of cases go unreported and III. Key findings age 15 years. Most of these girls are poor, consequently remain concealed and less-educated and live in rural areas.8 unaddressed. 1. Manifestations of violence globally Over 67 million women aged 20-24 2. The context of indigenous years old in 2010 had been married as girls, adolescents and young Violence against women and girls is a girls. Half were in Asia, and one fifth in women pervasive violation of human rights that Africa. In the next decade, 14.2 million persists in every country in the world and girls below the age of 18 will be married Violence against indigenous girls and cuts across all socio-economic groups. every year, and this is expected to rise to women cannot be separated from the Having its roots in historical and an average of 15.1 million girls a year wider contexts of discrimination and structural inequality in power relations from 2021 if present trends continue.9 exclusion to which indigenous peoples as between males and females, it is Furthermore, girls, adolescents and a whole are often exposed in social, characterized by the use and abuse of young women are at risk of HIV/AIDS economic, cultural and political life.15 power and control in public and private when unable to negotiate safe sex, Challenges – such as land dispossession, spheres, and is intrinsically linked to especially in situations of child marriage conflict, insecurity, displacement, low UNICEF_BTS_3b_v3 5/24/13 9:28 AM Page 4

Breaking the Silence on Violence against Indigenous Girls, Adolescents and Young Women: 4 A call to action based on an overview of existing evidence from Africa, Asia Pacific and Latin America

rates of birth registration, limited access violence against indigenous girls and experienced different forms of spousal to culturally appropriate education and women including how their prevalence violence: physical or sexual (39 per cent) health services (including sexual and rates compare with the rest of the violence and emotional, physical or reproductive health), the lack of access to population. sexual (43 per cent) violence and ranks justice and other essential services, higher than the experience of girls and including social services – create For example, the Plurinational State of women of the same age in the total conditions affecting their development, Bolivia is a country where an estimated population – at 37 per cent and 40 per human security and the exercise of their 62 per cent of the population is cent, respectively.21 human rights. Indigenous girls and indigenous; its departments of women are also at risk of violence in Chuquisaca, Cochabamba, La Paz, Harmful practices communities where intra-communal and Potosí and Oruro have the highest inter-communal conflicts have arisen, as concentration of indigenous peoples.17 In plural legal systems, the simultaneous well as in those communities that DHS data show that Potosi records the existence and operation of national conform to deeply-rooted patriarchal highest prevalence of ever-married girls legislation, customary and/or religious laws systems and practices that relegate and women aged 15-49 reporting often lead to tensions and complications in women and girls to subordinate roles and physical or sexual violence by a current the implementation of the rights of positions in society.16 or former partner (29 per cent) women and girls.22 is situation is compared to the national average of particularly evident in attempts to 3. Manifestations of violence 24 per cent. In relation to psychological eliminate harmful practices, which often against indigenous girls, violence by a current or former partner, persist because of traditional norms. adolescents and young however, Chuquisaca records the same Harmful practices prevail in many women documented to date: prevalence as the national average (38 per countries around the world, ranging Examples from Africa, Asia cent) and is lower than Santa Cruz, a from lesser-known practices such as Pacific and Latin America more cosmopolitan department which nutritional taboos to the more records a prevalence rate of 41 per cent.18 commonly known practices of FGM/C, While there is a growing body of child marriage and prenatal sex evidence on the magnitude, nature and In India, the proportion of the selection.23 In this research, the area consequences of gender-based violence population belonging to Scheduled found to be most extensively globally, knowledge of its extent among Tribes is high in all north-eastern states documented in relation to the study specific groups such as those of where households belonging to groups was child marriage and to a lesser indigenous background is limited and Scheduled Tribes comprise the majority extent FGM/C, both of which have tends to vary considerably by issue and in Mizoram (95 per cent), Nagaland other violence-related and attendant region. By relying on existing literature, (89 per cent), Meghalaya (86 per cent) reproductive health consequences. the study presents illustrations of and Arunachal Pradesh (64 per cent). manifestations of violence which have e DHS of India finds that 47 per cent e Global Campaign to Stop Violence been documented to date against the of ever-married girls and women aged against Women finds that child marriage groups in the regions under study and to 15-49 belonging to Scheduled Tribes in the indigenous-dominated this extent focuses on four areas of have experienced emotional, physical or Autonomous Region of Muslim violence, namely: (1) domestic violence; sexual violence committed by their Mindanao (ARMM) of the Philippines is (2) harmful practices; (3) economic husband, compared to 40 per cent of the largely influenced by Article 16 of the exploitation, sexual abuse and sexual total population.19 Furthermore, 16 per Muslim Code, which sets the minimum exploitation; (4) and gender-based cent of ever-married girls and women age of marriage of both males and females violence in situations of armed violence, aged 15-49 identified as Scheduled Tribes at 15 years and also confers powers on insecurity and communal conflicts. report that their husband has displayed sharia district courts to sanction the three or more ‘control behaviours’, marriage of a girl who has attained compared to 12 per cent of the total puberty.24 A total of 593 respondents Domestic violence population.20 Furthermore the from five provinces in ARMM who were Findings from the DHS of Bolivia predominantly indigenous state of younger than 18 at marriage when (Plurinational State of) (2008) and India Arunachal Pradesh has the highest surveyed by Nisa Ul-Haqq Fi (2005-2006) point to a mix of results in percentage of ever-married girls and Bangsamoro showed that 83 per cent reference to some specific forms of women aged 15-49 who have ever were aged 15-17, while 17 per cent were UNICEF_BTS_3b_v3 5/24/13 9:28 AM Page 5

Breaking the Silence on Violence against Indigenous Girls, Adolescents and Young Women: A call to action based on an overview of existing evidence from Africa, Asia Pacific and Latin America 5

dimensions of economic exploitation, sexual abuse and sexual exploitation which are issues of concern in the three regions. Within the broad array of literature, the study finds that disaggregation by both sex and ethnicity are rare and references to indigenous girls and adolescents in particular, are made to sectors which engage young people in bonded labour, forced labour, domestic labour and human trafficking in which they are also at risk of being sold.

Despite a steady overall decline in child labour in Latin America, it remains a serious concern among indigenous peoples.30 e Bolivia National Statistics © Broddi Siguarfarson Institute and ILO/IPEC finds that participation rates of male and female aged 9-14. e ages of the respondents’ based on de facto household indigenous children and adolescents in husbands ranged between 11-59 years, population.27 hazardous employment is more and 57 per cent were between 17 and 21 pronounced compared to their non- at the time of marriage.25 e CRC Committee expressed concern indigenous counterparts in both urban at the continued practice of child and rural areas. Based on figures for the e ARMM also has the lowest median marriage among indigenous girls in the age group of between 5-17 years it age at first marriage and the lowest Lao People’s Democratic Republic. It suggests that 29 per cent of male and 24 median age at first sexual intercourse found that the country’s lack of an per cent of female children and (both 19 years) among women aged 25- effective statistical database to monitor adolescents of indigenous background in 29, compared to 22 and 21 years the Family Act of 1990 – the legislation urban areas are in these forms of respectively for the country’s general that prohibits child marriage – impedes employment, compared with 16 per cent population.26 Other related reproductive the law’s implementation.28 and 14 per cent of their non-indigenous health data on ARMM include the peers, respectively. region having the: In Kenya, where early marriage and FGM/C are intertwined, the latter At rural level, although the rates for both l Lowest percentage of girls and women practice remains far more prevalent indigenous and non-indigenous groups aged 15-49 receiving antenatal care among the Somali (98 per cent), the Kisii increase sharply (82 per cent of males from a skilled provider (47 per cent), (96 per cent) and the Maasai (73 per and 79 per cent of females in respect of compared to 91 per cent of the total cent) indigenous populations than those of indigenous background and 54 population; among other groups, although previous per cent and 46 per cent for those who l Highest likelihood of women aged 20- and current DHS data (1998, 2003 and are non-indigenous), those for the 49 delivering their babies at home 2008-2009) show a steady decline of former remain significantly higher. (85 per cent, compared to 56 per cent national prevalence (38 per cent, 32 per of the total population) and less likely cent and 27 per cent respectively).29 Furthermore, in all cases, the data shows in a health facility (15 per cent, that the participation rate of indigenous compared to 44 per cent of the total girls and adolescents is consistently Economic exploitation, sexual population); and the higher than that of non-indigenous abuse and sexual exploitation l Lowest median duration of schooling males, non-indigenous females and in (4 years for women and 3 years for e review finds limited references to some instances, exceeds that of men, compared to 7 and 6 years, indigenous girls and women in the indigenous boys and adolescents.31 respectively, for the total population) expanding research on the various (Table 1 - overleaf) UNICEF_BTS_3b_v3 5/24/13 9:28 AM Page 6

Breaking the Silence on Violence against Indigenous Girls, Adolescents and Young Women: 6 A call to action based on an overview of existing evidence from Africa, Asia Pacific and Latin America

In Guatemala, an estimated 65 per cent Similar situations pertain in Namibia, Gender-based violence in of domestic workers are indigenous girls where the Working Group on Indigenous situations of armed violence, and adolescents belong to impoverished Populations/Communities of the African insecurity and communal conflicts families who often send their young Commission on Human and Peoples’ female members to towns and cities, Rights learned of sexual abuse of General insecurity facing a country or where they work an average of 14 hours indigenous girls in domestic work community may serve as a potential risk per day and are often at the risk of settings for which there had been police factor for violence, as it is often physical and psychological abuse and inaction even after the incidents had symptomatic of a breakdown of the rule sexual harassment by employers and been reported.33 Recruitment for of law and the systems established to their family members, a situation domestic labour of San girls and prevent and respond to violence. worsened by the lack of commensurate adolescents by non-San families in remuneration and social security.32 Namibia is disguised as adoption, in A 2012 Expert Group meeting of the some cases leading to trafficking to other United Nations Special Rapporteur on parts of the country.34 violence against women, its causes and

Table 1: Participation of children and adolescents in economic activities (%)

Area/Age group Boys Girls National

Non-indigenous Indigenous Total Non-indigenous Indigenous Total

BOLIVIA 28

Urban 16 29 18 14 24 16 17

Ages 5-13 10 20 12 9 17 11 11

5-8 4 11 5 4 9 5 5

9-11 13 16 14 11 20 13 13

12-13 20 40 23 19 21 20 21

Ages 14-17 32 41 34 25 35 28 31

14-15 27 33 28 23 37 27 28

16-17 37 47 40 28 33 29 34

Rural 54 82 67 46 79 62 65

Ages 5-13 46 78 61 42 75 58 60

5-8 30 64 44 30 63 44 44

9-11 61 86 74 55 81 68 71

12-13 70 88 80 50 86 70 76

Ages 14-17 74 93 83 59 90 75 79

14-15 81 96 89 58 85 71 80

16-17 69 89 78 60 94 79 79

Source: Organización Internacional del Trabajo, Instituto Nacional de Estadística de Bolivia. Magnitud y Características del Trabajo Infantil en Bolivia – Informe nacional, La Paz, 2010, p. 95. Table 6.1. UNICEF_BTS_3b_v3 5/24/13 9:28 AM Page 7

Breaking the Silence on Violence against Indigenous Girls, Adolescents and Young Women: A call to action based on an overview of existing evidence from Africa, Asia Pacific and Latin America 7

consequences found that gender- concerned that these acts had not been Burundi, Rwanda and Uganda; and the motivated killings or femicides emerging investigated and prosecuted.40 Twa, Bongo and Mbendjele of the from the contexts of insecurity in Latin Republic of Congo.44 Previously dealt America was particularly critical for Situations of inter-communal and intra- with through traditional dispute indigenous women and girls.35 communal conflicts involving indigenous mechanisms, such conflicts have Indigenous women and girls have been communities in Africa appear much more assumed fatal dimensions for men, victims of gender-based violence in documented in contrast to other forms of women and children, particularly within conflicts such as those of Colombia, conflict. Such conflicts have been common the context of the proliferation of Guatemala, Mexico, Nicaragua and among and between the Pokot, Turkana, accessible small arms, high-powered and Peru.36 e Rapporteur on the rights of Marakwet and Samburu of Kenya over other assorted assault rifles in some of women of the Inter-American issues such as diminishing water resources these areas.45 Commission on Human Rights notes for animal grazing and worsening climatic that the situation of indigenous women conditions, leading to competing access for 4. What are the and girls is particularly critical in the land.41 Cross-border conflicts have also gaps in knowledge? context of armed conflict, given that they erupted between pastoralist communities are already exposed to multiple forms of located along border lands linking Kenya Critical gaps in research identified in this discrimination on the basis of race, age (Turkana and Pokot), South Sudan (Topsa) study potentially serve to shape a future ethnicity and sex in their family, and Uganda (Karimojong).42 Another research agenda. e study elicits more community and wider social settings.37 source notes long standing and prevalent in-depth appreciation of two major areas, During a visit to Colombia, the inter-clan and inter-ethnic conflicts namely: 1) the full extent to which Rapporteur received complaints about between the Gurgura and Issa clans located indigenous women and girls are affected the use of indigenous women and girls as in the Erer district of Ethiopia’s Somali by the different forms of violence ‘spoils of war’ by armed actors and region for the same afore-mentioned identified in this research (i.e., domestic verified that they had often been victims reasons and resulting in similar violence, harmful practices, economic of sexual violence perpetrated by these consequences for women and girls.43 exploitation, sexual abuse and sexual groups. She further received reports that exploitation, and gender-based violence armed groups occupying indigenous Identical contexts and situations have in situations of armed violence, lands “had kidnapped indigenous emerged among the Tuareg, Bororo, insecurity and communal conflicts) and women, collectively used them sexually, Wodaabe and the Toubou pastoralists of others documented in the United and abandoned them with impunity,” Niger; the Basarwa of Botswana; the Nations Secretary-General’s studies on while young girls were also forced to Bagyéli of Cameroon; the Twa of violence against women and violence perform domestic duties.38

Primarily as a result of public and private entities’ expropriation of lands – and the ensuing resistance from indigenous communities – over the past decade, many countries in the Asia Pacific region such as Fiji, India, Myanmar, Nepal, the Philippines, ailand and Timor-Leste have witnessed increased armed conflict, political instability and militarization, leading to insecure environments for indigenous women and girls as a whole.39 e United Nations Special Rapporteur on the rights of indigenous peoples specifically documents evidence of numerous cases of gang-rape, sexual enslavement and killing of tribal women and girls involving parties to conflicts in a number of countries and was UN Trust Fund to End Violence against Women / © Kara Marnell UNICEF_BTS_3b_v3 5/24/13 9:28 AM Page 8

Breaking the Silence on Violence against Indigenous Girls, Adolescents and Young Women: 8 A call to action based on an overview of existing evidence from Africa, Asia Pacific and Latin America

against children. Additionally, attention territories, patriarchal and on indigenous girls and women in the should be paid to different forms of discriminatory attitudes of service Africa region; (2) addressing the intersecting inequalities as reflected in providers, law enforcement and judicial structural, underlying and risk factors the experiences of indigenous girls and personnel, the culture of impunity and that lead to violence against these groups. women with disabilities and those limited awareness of the rights of ese factors include poverty, exclusion located in rural areas. e research indigenous peoples in general and and limited access to quality services should be undertaken from the women and girls in particular. e study such as education, health (including perspective of different settings (e.g., establishes that interventions needed to reproductive health), justice services, domestic, education, employment, care address violence against indigenous girls social welfare services, birth registration, and justice institutions and the and women cannot be separated from the elimination of de facto and de jure community at large); and 2) effective broader initiatives with respect to discrimination and discriminatory strategies for preventing and responding women and girls in general, and that attitudes towards indigenous peoples in to violence against indigenous girls and efforts are needed to ensure that the general, patriarchal and stereotyped women, including documenting lessons interests and rights of indigenous girls notions of the inferior status of learned and assessing the impact of and women are taken into consideration indigenous girls and women in both existing legal, policy and institutional when implementing such broader indigenous and non-indigenous settings, reforms. A research agenda must violence prevention and response and gaps in customary, religious and furthermore take into account identified strategies. statutory laws related to the minimum gaps in data by region. For example, data age of marriage; (3) tackling impunity on the situation of indigenous 6. Proposed actions and the lack of redress and enforcement communities in Africa is commonly moving forward through strengthening of laws, and lacking, suggesting a need for technical promoting values and practices of assistance to address the paucity of data e study concludes with a set of 6 indigenous communities which serve as in that region. principles and 10 recommendations that positive protective factors against complement and reinforce those of violence; (4) improving social welfare 5. On-going national level national, regional and global human services and complaints and reporting interventions to address rights systems, the UNPFII and the mechanisms such as helplines by violence against indigenous Fifty-seventh Session of the Commission ensuring that they are accessible, girls and young women on the Status of Women of 2013, which appropriately resourced, and age, gender and the challenges in was held on theme ‘Elimination and and culturally appropriate; (5) increasing implementation prevention of all forms of violence resource allocation, capacities and against women and girls.’ coordination in policy implementation e study presents an overview of on- among agencies responsible for going prevention, protection and e proposed recommendations of this promoting and protecting the rights of response efforts to address violence study are to be adapted to suit specific indigenous girls and women; and (6) against indigenous girls and women. country and regional contexts. ey call making visible and integrating the study ey include selected constitutional, for (1) enhancing efforts at data findings into on-going global processes legislative and institutional reforms, to collection and analysis to address the such as the 2014 World Conference on strengthen the protective environment ‘statistical silence’ around violence Indigenous Peoples, the International for indigenous girls and women, as well against indigenous girls and women by Conference on Population and as efforts to prevent and respond to such ensuring that data from national Development Beyond 2014 review violence. While some of these efforts household surveys such as DHS, MICS process and the Post-2015 Development appear promising, gaps such as those and CLS are fully analysed and reported Agenda. relating to limited capacities of by ethnicity. A research agenda must take implementing agencies to fulfil their into account the prominent gaps in data mandates persist. In particular, there has on specific issues by region and in been limited success in addressing particular the extremely thin information obstacles related to factors such as language barriers, lack of confidentiality in procedures for reporting of abuse, geographic remoteness of indigenous UNICEF_BTS_3b_v3 5/24/13 9:28 AM Page 9

Section I Background

1.1 Introduction The United Nations Declaration on the Rights of Indigenous Peoples (UNDRIP) adopted in 2007 marked a watershed in the history of indigenous peoples. It called for actions to address the common experiences of discrimination and exclusion faced by the estimated 370 million indigenous peoples across 90 countries.46 In particular, Article 22 of the UNDRIP calls on States “to take measures, in conjunction with indigenous peoples, to ensure that indigenous women and children enjoy the full protection and guarantees against all forms of violence and discrimination.”

To this effect, the United Nations Box: 1.1 UNPFII Fifth Session Permanent Forum on Indigenous Issues recommendation to United (UNPFII) held its annual International Nations agencies Expert Group meeting in 2012 on the theme of ‘Combating violence against “The Permanent Forum indigenous women and girls: Article 22 recommends that appropriate United of the United Nations Declaration on the Nations organizations, including the Rights of Indigenous Peoples.’ 47 e United Nations Development Fund meeting sought to address the deficit in for Women (UNIFEM)48 and the quantitative and qualitative information United Nations Children’s Fund on the nature, causes and extent of (UNICEF), as well as States, take violence against indigenous women and immediate action to review and girls as well as its impact on the full monitor the situation of indigenous realization of their rights. women and provide comprehensive reports on violence against In support of this effort, and in response indigenous women and girls, to a recommendation of the Forum at particularly sexual violence and its Fifth session in 2006 (Box 1.1), violence in the context of armed the United Nations Children’s Fund conflict. Indigenous women must be (UNICEF), the United Nations Entity full participants in this process.” for Gender Equality and the Empowerment of Women (UN Source: Report of the Fifth Session Women), the United Nations Population (15-26 May 2006) Fund (UNFPA), the International Labour Organization (ILO) and the Office of the Special Representative of By focusing on these groups, the study the Secretary-General on Violence makes an important contribution to the against Children agreed to support a existing state of knowledge on violence literature review of existing information against women and girls as a whole. It on violence against indigenous girls, furthermore presents a timely female adolescents and young women opportunity to inform on-going (referred more briefly to as ‘indigenous development and human rights agenda girls and women’) as a basis for future settings such as the 2014 World in-depth research. Conference on Indigenous Peoples, the International Conference on Population UNICEF_BTS_3b_v3 5/24/13 9:29 AM Page 10

Breaking the Silence on Violence against Indigenous Girls, Adolescents and Young Women: 10 A call to action based on an overview of existing evidence from Africa, Asia Pacific and Latin America

and Development (ICPD) Beyond 2014 towards the goals of condemning, 18 years, respectively. ey also collect review process and the Post-2015 preventing and punishing violence. Given data on attitudes towards wife-beating, Development Agenda, all of which place the paucity of data, the study is not the prevalence of child labour, female issues of inequality, discrimination and intended to be exhaustive, conclusive or genital mutilation/cutting (FGM/C) and exclusion at the core of their objectives.49 comprehensive but rather illustrative of the percentage of children aged 0-5 documented evidence revolving around whose births have been registered. e 1.2 Research objectives three main areas of investigation, namely: DHS module on domestic violence collects data on physical, sexual and is study represents the first attempt (1) e interface between the historical, emotional violence among girls and at consolidating existing evidence on political, economic, social and women aged 15-49, while MICS in violence against indigenous girls and cultural contexts of indigenous addition collects data on child women. It reflects an urgent desire by the peoples, including the structural, disciplinary practices. With variations in United Nations partner agencies involved underlying causes and risk factors scope by country, child labour SIMPOC to contribute to the accelerated associated with violence against surveys are used to monitor different implementation of the UNDRIP, the indigenous girls and women; aspects of the worst forms of child labour Convention on the Rights of the Child (2) e different manifestations of as defined by ILO Convention 182. (CRC), the Convention on the violence documented against these Elimination of All Forms of groups in different settings, with an Qualitative sources included the Discrimination against Women emphasis on domestic, community information databases of the UNPFII, (CEDAW) and other relevant and health (including sexual and the United Nations Secretary-General’s instruments. reproductive health) in the regions UNiTE to End Violence against Women under study; and Campaign, United Nations agencies, It complements broader initiatives of the (3) On-going national level initiatives in academic institutions, reports of Member UNPFII and related organizations on the fields of prevention, protection States and civil society organizations to issues affecting indigenous peoples. It and response to violence and the treaty bodies (in particular the also builds on the United Nations challenges associated with their Committee on the Rights of the Child Secretary-General’s study on violence implementation. (CRC Committee), the Committee on against children, his in-depth study on all the Elimination of All Forms of forms of violence against women and the 1.3 Methods, sources, Discrimination against Women studies’ follow-up processes (particularly scope, opportunities and (CEDAW Committee) and their as conducted by the Special limitations concluding observations and Representative of the Secretary-General recommendations), the Universal on Violence against Children and the e study was undertaken through a Periodic Review (UPR), reports of Fifty-first and Fifty-seventh sessions of systematic desk review of quantitative United Nations special procedures and the Commission on the Status of and qualitative sources spanning between mechanisms, ILO supervisory bodies, Women), as well as his report on the 2000 and 2013 to reflect the period from and regional and national human rights status of the CRC, with a focus on the when a substantial number of relevant institutions. rights of indigenous children.50 It is studies and surveys were initiated. further informed by the International As the findings of the study will be used Indigenous Women’s Forum’s Mairin Country reports of Demographic and to inform policy, planning and Iwanka Raya, a companion report to the Health Surveys (DHS), Multiple implementation at country level, it was Secretary-General’s in-depth study on all Indicator Cluster Surveys (MICS) and necessary to ensure that the geographical forms of violence against women.51 Child Labour Surveys (CLS) undertaken focus reflects a blend of low- and middle- through the ILO/IPEC Statistical income contexts pertinent to the ese three reports of the Secretary- Information and Monitoring Programme development objectives of the United General reaffirm the concerns of the on Child Labour (SIMPOC) were used Nations partners involved in this study. UNPFII of the urgent need to improve to assess and collate information on is decision was strengthened by a data collection and information systems various forms of violence affecting review of national Millennium in order to identify vulnerable indigenous girls and women.52 MICS Development Goals reports undertaken subgroups, inform policy and and DHS estimate the proportion of by the UNPFII on countries based in programming, and track progress women who were first married by 15 and Africa, Latin America and Asia Pacific UNICEF_BTS_3b_v3 5/24/13 9:29 AM Page 11

Breaking the Silence on Violence against Indigenous Girls, Adolescents and Young Women: A call to action based on an overview of existing evidence from Africa, Asia Pacific and Latin America 11

advance the cause of indigenous peoples: the UNPFII, the Expert Mechanism on the Rights of Indigenous People and the United Nations Special Rapporteur on the rights of indigenous peoples. It also draws on regional bodies such as the Working Group of Experts on Indigenous Communities/Populations of the African Commission on Human and Peoples’ Rights (ACHPR) and the Inter- American System of Human Rights. For guidance on referencing people who have identified themselves as indigenous, the study relies on the 2009 UNPFII Publication State of the World’s Indigenous Peoples, the International Working Group for Indigenous Affairs’ annual publication e Indigenous World and © UNICEF / NYHQ02012-1477 / Marco Cormino Minority Rights Group International’s World Directory of Minorities and regions that highlight significant gaps in this field. For Latin America, Guatemala Indigenous Peoples. data on the development concerns and was selected to highlight its widely priorities of indigenous peoples.53 A documented experience as a post-conflict e study encountered some limitations preliminary review of the literature on country and on-going legislative and as well as opportunities: As the selection violence against indigenous women and institutional reforms aimed at addressing of DHS modules and reporting on the girls also undertaken prior to this issues such as femicide and sexual outcomes by ethnicity are at the research found that most countries in violence among indigenous women and discretion of the governments concerned, these regions (with the exception of girls. Finally, for the Asia Pacific region, the study could not benefit from the Australia and New Zealand in the the Philippines was studied to gain richness of what such data potentially Pacific) are under-researched in insights into the experiences of the affords. Furthermore, MICS and DHS comparison with Europe and North involvement of girls in situations of are designed for assessing the prevalence America, where data on indigenous armed conflict in the predominantly of some forms of violence (e.g., FGM/C women and girls tend to be indigenous area of Mindanao. and child marriage) and not others (e.g., comparatively available. human trafficking). Additionally, e study adopts relevant United although the ethnic background of Regional perspectives were balanced with Nations standard definitions and basic respondents or household head is taken country perspectives on some specific concepts. It is grounded in the prevailing into account in both surveys, the forms of violence for in-depth study. Two view within the international community scattered nature and small sizes of criteria were used to select one country that no formal definition of indigenous indigenous populations in some per region for in-depth study on one peoples is necessary. It is therefore countries do not allow for significant specific form of violence: the availability underpinned by the fundamental sampling. of information that captures a specific subjective criterion of self-identification form of violence against either one or and the objective characteristics of 1) Conversely, significant sampling is more of the groups under study and distinct social, cultural and economic possible in countries where indigenous evidence of on-going initiatives to conditions, and 2) descent from peoples are concentrated in specific address that specific form of violence. On populations which originally inhabited geographical areas given that the majority that basis, Kenya was selected as a case the country prior to colonization.54 of DHS and MICS collect and report on study in the Africa region given available data by location in addition to other evidence on the prevalence of FGM/C To this extent, it also takes into account characteristics such as sex and age. Such among indigenous communities and the perspectives of the three global demographic advantages exist in the case promising legislative developments in bodies that have been established to of Bolivia (Plurinational State of), India, UNICEF_BTS_3b_v3 5/24/13 9:29 AM Page 12

Breaking the Silence on Violence against Indigenous Girls, Adolescents and Young Women: 12 A call to action based on an overview of existing evidence from Africa, Asia Pacific and Latin America

violence e.g., gender inequality and discrimination; poverty, exclusion and limited access to services; impact of stigma and discrimination on access to and quality of services, lack of legal recognition and identity and dispossession from ancestral lands lead to the risk of violence.

Section IV – Manifestations of violence against indigenous girls and women. is section highlights documented forms of violence against indigenous girls and women in the three regions under study.

Section V – Case studies from Kenya, the Philippines and Guatemala. is © UN Trust Fund to End Violence against Women / Kara Marnell section presents specific case studies from three countries on one Kenya and the Philippines from where general, with some references to particular form of violence and the DHS data (2008, 2005-2006, 2008- indigenous children, including girls; and accompanying reforms of 2009 and 2008, respectively) general information on socio-economic governments to address them. progressively capture information indicators and overall situations of pertaining to indigenous peoples by insecurity in some regions and countries. Section VI – Overview of on-going location. To a more limited extent, national level initiatives of relevance similar observations may also be made 1.4 Structure of the report to address violence against indigenous with respect to the MICS of the Lao girls and women and the challenges People’s Democratic Republic (2006) e report consists of the following of implementation. is section and Viet Nam (2011). e review also additional six sections: outlines on-going national level found that the additional step taken by prevention, protection and response India, Kenya and Viet Nam to Section II – Global perspectives and efforts targeted at addressing violence specifically disaggregate some if not all of contexts. is section places violence and the challenges of their survey findings by ethnicity against indigenous girls and women implementation. enhances specificity in analysing the within the overall context of the situation of indigenous populations in universality of violence, sets out the Section VII – Conclusion and those countries. conceptual framework of the study recommendations with guiding and highlights relevant international principles. is section sets out the As far as qualitative sources are and regional human rights conclusion followed by six principles concerned, these tended to be patchy and instruments, mandates and and ten recommendations to guide scattered, spanning across the following mechanisms referenced in the study. the way forward in accelerating categories of issues from which data was efforts towards addressing violence extracted: violence against all populations Section III – e contexts of indigenous against indigenous girls and women. in general; violence against women in peoples and the interface between general, with some references to girls and structural and underlying causes and young women; violence against risk factors for violence against indigenous women in general, with some indigenous girls and women. is references to indigenous girls and young section examines how these women; the status of indigenous girls underlying causes and risk factors for and adolescents with some references to violence; violence against children in UNICEF_BTS_3b_v3 5/24/13 9:29 AM Page 13

Section II Global perspectives 2.1 Violence against women and girls: a working definition and manifestations and contexts Violence against women and girls is a pervasive violation of human rights that persists in every country in the world and cuts across all socio-economic groups.

is study’s frame of reference is the one third of all girls in developing United Nations Declaration on the countries (excluding China) are likely to Elimination of Violence against Women, be married before age 18, and one out of which defines violence against women as nine will be married before they reach “any act of gender-based violence that age 15 years. Most of these girls are poor, results in or is likely to result in physical, less-educated and live in rural areas.58 sexual or psychological harm or suffering to women, including threats of acts such Over 67 million women aged 20-24 years as coercion or arbitrary deprivation of old in 2010 had been married as girls. Half liberty, whether occurring in public or in were in Asia, and one fifth in Africa. In the private life, and perpetrated by State or next decade, 14.2 million girls below the private persons.” 55 Its dimensions age of 18 will be married every year, and include physical, sexual and this is expected to rise to an average of psychological/emotional violence 15.1 million girls a year from 2021 if occurring in the family and the general present trends continue.59 Furthermore, community or such violence perpetrated girls, adolescents and young women are at or condoned by the State. eir forms risk of HIV/AIDS when unable to and manifestations include domestic negotiate safe sex, especially in situations violence, child marriage, forced of child marriage and sexual violence.60 pregnancy, honour crimes, FGM/C, Worldwide, one third of all new HIV cases femicide, non-partner sexual violence involve young people aged 15–24, and and exploitation, sexual harassment (in adolescent girls are at far greater risk of the workplace, other institutions and in contracting HIV than boys.61 public spaces), trafficking and violence in conflict situations.56 rough DHS data, there is also evidence pointing to persistent forms of Although efforts are being harnessed to violence against girls and women aged address the situation, more remains to 15-49 years, as well as deeply rooted be done. In the case of FGM/C, for perceptions among both males and instance, prevalence in the 29 countries females of the appropriateness of specific in Africa and the Middle East where the forms of violence like wife-beating. practice is concentrated, has declined Domestic violence is one of the most from an estimated 53 per cent of women common forms of violence against aged 45-49 being cut to an average women and girls, and women who 36 per cent of adolescents and young married at younger ages are more likely women aged 15-19 being cut, but this is to believe that it is sometimes acceptable still a significant proportion of the young for a husband to beat his wife.62 generation going through FGM/C.57 Similarly, despite near-universal e hidden and clandestine forms in commitments to end child marriage, which some types of violence manifest UNICEF_BTS_3b_v3 5/24/13 9:29 AM Page 14

Breaking the Silence on Violence against Indigenous Girls, Adolescents and Young Women: 14 A call to action based on an overview of existing evidence from Africa, Asia Pacific and Latin America

place some girls and adolescents beyond discrimination based on age, sex, is analysis is best captured by the detection and available protective ethnicity and other inter-related factors ecological model used by a range of mechanisms. Children account for 27 per that consequently increase their organizations as a conceptual framework cent of human trafficking victims vulnerability to gender-based violence. to support an understanding of the detected globally; of these child victims, multi-faceted nature of violence and the two thirds are girls.63 While the gender Violence may prevent indigenous girls complex interplay of risk factors that and age profile of victims varies by region, and women from realizing their increase its likelihood. Among other the share of girls as a proportion of female potential, knowing and exercising their things, the model explains that risk victims of trafficking globally increased rights, participating as equal and active factors for violence are rooted in (1) from 2007 to 2010.64 Of the estimated members of society and carrying on the biological, economic, social and 15.5 million children worldwide engaged transmission of knowledge, cultures, demographic characteristics including in domestic work – considered the largest identities and languages of their ancestors capacities to respond to violence; (2) category of child labour – the majority on an equal footing with their male relationships, such as friends and family are girls who are easily isolated and have counterparts. Addressing violence against relations; (3) community contexts, such little protection or social support, thus the younger generation of indigenous as those in which social relationships and making them vulnerable to physical and females is therefore central to the networks occur; and (4) wider societal sexual assault when performing work fulfilment of their human rights and the factors, particularly at the level of within the household.65 self-determination of indigenous national decision-making processes, such communities. as macro-economic planning, legislation Acceptance of these forms of violence and policy.69 against girls and women and the e growing body of knowledge on the corresponding lack of accountability and incidence, prevalence and consequences Figure 2.3, overleaf, presents a broad impunity reflect discriminatory norms of violence against women and girls scope of the structural, underlying causes that reinforce a lower status of girls and provides compelling evidence of its and risk factors for violence against women in society, particularly when the systematic and widespread nature. indigenous girls and women using the majority of cases go unreported and However, critical gaps in both qualitative four-cluster ecological model, on the consequently remain ‘hidden’ and and quantitative sources of information basis of which full details of some of unaddressed. by ethnicity, sex and age impede a these factors are further elaborated upon comprehensive understanding of the in Section III of the report. 2.2 Why focus on experiences of indigenous girls and indigenous girls, women and the interplay of multiple risk It illustrates how a combination of adolescents and factors that increase their risk of exposure variables creates complex layers of young women? to violence. disadvantage for indigenous girls and young women that not only contribute A society benefits when its younger to underlying causes of violence but also generation reaches its full potential.66 2.3 Understanding the potentially mitigate the protective factors However, the majority of indigenous contexts of violence that prevent or reduce the likelihood of girls, adolescents and young women lack against indigenous girls, its occurrence. e complex interplay the opportunities, protections and adolescents and young and accumulation of risk factors at all services that are required to ensure their women: the ecological levels must be addressed if indigenous empowerment and safe transition into model girls and women are to be free from all adulthood.67 forms of violence and discrimination. e United Nations Special Rapporteur Deprivations disproportionately on violence against women, its causes e elements contained in the ecological concentrated among indigenous and consequences finds that violence can model are informed by the Secretary- populations are often exacerbated for be understood from the perspective of General’s studies on violence against indigenous girls and women due to “multiple concentric circles, each children and violence against women, societal attitudes and gendered intersecting with the other.” ese circles which point out that while the stereotyped roles and responsibilities that include individual, interpersonal, pervasiveness of violence against women lead to marginalization, inaccessibility to underlying and structural factors that can and girls are rooted in gender inequality resources and multiple forms of promote violence.68 and discrimination, its combination with UNICEF_BTS_3b_v3 5/24/13 9:29 AM Page 15

Breaking the Silence on Violence against Indigenous Girls, Adolescents and Young Women: A call to action based on an overview of existing evidence from Africa, Asia Pacific and Latin America 15

Figure 2.3: Using the ecological model to explain risk factors for violence against indigenous girls, adolescents and young women

Individual Relationship Community Society

l Sex, age, ethnicity l Low value accorded to the l Structural discrimination facing l Structural discrimination of indigenous l Low level of education girl child in family settings indigenous peoples peoples compounded by her l l l Low economic status Social and economic exclusion Social and economic exclusion disability l l Persisting patriarchal values that l Lack of legal recognition of indigenous Disability l Lack of parental care support the subordination of women peoples l Living with or affected l Alcohol/substance abuse in l l by HIV/AIDS Lack of culturally appropriate and Persisting and patriarchal values that family settings accessible services, including social support the subordination of women l Geographic location l Intergenerational violence protection, education, health and l Lack of a comprehensive legal l Lack of birth and tolerance of physical, social services framework to prevent and combat registration sexual and emotional l Loss of access to and control over violence l Lack of awareness of physical violence in the family lands l Lack of inclusive and gender aware individual and collective l Lack of awareness of the l Tolerance of emotional, sexual and macro-economic policies rights rights of girls and physical violence in the community l Weak political will and capacities to adolescents l Inter- and intra-communal violence implement relevant laws and policies l Militarization of indigenous l Conflict and insecurity communities l Lack of housing l Displacement and forced migration l Lack of employment l Weak institutional support/response/ l Culture of impunity and breakdown of sanctions from the judicial, welfare the rule of law and other state systems

Individual level: Biological, personal history and demographic characteristics of the individual. Relationship level: Proximal social relationships, usually between intimate partners and within families. Community level: The community context in which social relationships occur, including peer groups, schools, workplaces, neighbourhoods, government institutions, public service provision and existing social norms. Societal level: Larger societal factors that create an acceptable climate for violence and reduce inhibitions against violence.

Sources: adapted from World Health Organization, World Report on Violence and Health, 2002; Together for Girls: We Can End Sexual Violence, Technical Action Framework, 2011, p.5 and Heise, L., Violence Against Women: An Integrated framework, 1998.

other forms of subordination and poverty, lack of housing and American meeting for the 2011 follow- exclusion such as colonialism and adverse unemployment.71 Severity and frequency up to the Secretary-General’s study post-colonial policies potentially result in of violence intensifies with stigma and organized by the Special Representative consequences that are far-reaching.70 discrimination, as in instances of verbal of the Secretary-General on Violence and emotional abuse towards indigenous against Children. In their outcome Children of ethnic minority or children from teachers and peers in some manifesto, they identified the multiple indigenous background face increased school settings.72 linkages between inequalities and risk of violence due to “a confluence of violence that influence their lives and factors” that are associated with the social Some of these concerns were reiterated called for the full respect and recognition exclusion of these groups, such as high by male and female indigenous children of the individual and collective rights of rates of substance abuse and alcoholism, and adolescents during the South indigenous peoples (Box 2.3). UNICEF_BTS_3b_v3 5/24/13 9:29 AM Page 16

Breaking the Silence on Violence against Indigenous Girls, Adolescents and Young Women: 16 A call to action based on an overview of existing evidence from Africa, Asia Pacific and Latin America

society, including exclusion from basic identified above are guaranteed under a Box 2.3: Voices of indigenous services.73 Low levels of birth registration number of global and regional instruments children and adolescents on the among indigenous children, together discussed in the next sub-section. meaning of violence with an absence of legal recognition of indigenous peoples in some countries, 2.4 International “For us, structural violence means the however, may contribute to challenges in human rights standards, contamination of the environment and accessing services, including health, mechanisms and of people by major agro-business education, justice and social services that commitments proprietors. This contamination are relevant for prevention and response affects the health and lives of children to violence.74 e right of indigenous girls, adolescents and adolescents and their families and young women to live a life free of (peasants and indigenous people) It is also important to understand how violence and discrimination is inviolable. who are forced to leave their indigenous peoples view their relationship Enshrined in the international human communities and migrate to the cities. to their ancestral lands when looking at rights framework, these rights extend to the contexts and risk factors for violence protection from all forms of violence as For many years the culture, customs, against indigenous girls and women. well as the risk factors (e.g., territories and ways of life of the Besides being a factor of production, land discrimination, poverty and lack of birth indigenous peoples of the continent is considered a source of livelihood, registration) that contribute to their have been subjugated, and we medicine, intellectual property, food increased vulnerability to such situations. believe that this is a form of cultural, security and spiritual well-being by many physical and symbolic violence indigenous communities. us any Discrimination on the basis of sex, age against the children and adolescents attempt at deprivation of this resource and ethnicity is prohibited in a vast array of the indigenous peoples. without free, prior and informed consent, of instruments such as the International as well as adequate compensation, results Covenants on (a) Civil and Political We recommend that … types of in the deterioration of capacities to Rights (ICCPR); (b) Economic, Social violence, including structural and survive and of resilience to protect from and Cultural Rights; and the symbolic violence, are investigated, insecurity and exploitation.75 Conventions (a) on the Elimination of to create public policies that can Racial Discrimination (CERD); (b) the reverse this situation Within the context of insecurity and Protection of the Rights of Migrant armed conflict, it has also been found Workers and Members of their Families, We demand that that indigenous women and girls are (c) the Rights of the Child; (d) on the (…) specifically targeted for sexual violence Elimination of All Forms of 4. Culture, customs, traditions and based upon their ethnicity.76 As discussed Discrimination against Women; (e) and dances and the restitution of the in detail in Section IV, a substantial on the Rights of Persons with Disabilities territories seized from the indigenous number of indigenous peoples live in (CRPD). While these instruments peoples of the Americas are respected, conflict and post-conflict settings prohibit discrimination generally, the to guarantee development and decent including situations of armed violence CEDAW and CRC set out more living conditions for children and such as those of Bangladesh, Colombia, specifically to protect and promote adolescents of this sector.” Guatemala, India, Myanmar, Peru, the women’s and children’s rights.78 Philippines, the Mekong Delta and the Source: Special Representative of the countries of the Congo Basin and Great Inextricably linking the rights of Secretary-General on Violence Lakes, among others. Reports on these indigenous peoples and women’s rights, against Children conflicts convey disturbing accounts of CEDAW defines the right of women to violence committed against indigenous be free from all forms of discrimination girls and women as manifested in acts and sets out core principles to protect e CRC Committee also finds that such as rape, sexual slavery, forced this right. Although it does not explicitly birth registration – as a human right and sterilization, abduction, massacre and mention violence against women and vital component for the protection of all forced recruitment as tools of war.77 girls, General Recommendations 12 and children – is foundational to determining 19 clarified that the Convention extends age, parentage and citizenship and is Protections afforded against to protecting women and girls from therefore a bulwark against exclusion in discrimination, violence and risk factors violence and makes detailed UNICEF_BTS_3b_v3 5/24/13 9:29 AM Page 17

Breaking the Silence on Violence against Indigenous Girls, Adolescents and Young Women: A call to action based on an overview of existing evidence from Africa, Asia Pacific and Latin America 17

recommendations to States parties to this Convention against Transnational rights (Box 2.4) in situations of armed effect. e United Nations Declaration Organized Crime (Palermo Protocol) – conflict. Resolution 1612 in particular on the Elimination of Violence against also recognizes this right. establishes a monitoring and reporting Women which acknowledges the special mechanism on these grave violations vulnerability of girls and women of Furthermore, ILO Conventions 138, against children and provides for the minority and indigenous background is 182 and 189 protect children from work systematic collation of accurate, timely also supported by the recent General which has a negative impact upon their and objective information on grave Assembly resolution on intensifying ability to reach their full potential. violations committed against children in global efforts to combat FGM/C.79 Convention 138 specifically calls for such circumstances to foster minimum age standard setting for accountability and compliance of parties e CRC, the most comprehensive employment at levels which are suited to to conflicts with international child human rights treaty designed for the the physical and mental development of protection standards. promotion and protection of children’s young persons, whereas Convention 182 rights, is the only instrument to explicitly sets out categories of actions and guarantee the rights of indigenous activities which protect them from the Box 2.4: Six grave violations against children. In Article 30, it notes that “in worst forms of child labour. Convention children during armed conflict those States in which ethnic, religious or 189 on decent work for domestic linguistic minorities or persons of workers also ensures effective protection The Six Grave Violations against indigenous origin exist, a child belonging of domestic workers against all forms of Children during Armed Conflict to such a minority or who is indigenous abuse, harassment and violence. cover: killing or maiming of children; shall not be denied the right, in recruitment or use of children by community with other members of his or e collective rights of indigenous armed forces/groups; rape and other her group, to enjoy his or her own peoples are specifically protected under forms of sexual violence against culture, to profess and practise his or her the Indigenous and Tribal Peoples children; abduction of children; own religion, or to use his or her Convention (ILO Convention 169), the attacks against schools or hospitals; language.” is provision was central to UNDRIP and Article 27 of the ICCPR. and the denial of humanitarian the discussions and debates leading to access to children. General Assembly’s 2012 omnibus While international human rights resolution on the promotion and standards and principles, including those Source: United Nations Security protection of the rights of children. It contained in CEDAW and the CRC, are Council. Update Report. Children in specifically calls upon governments to indeed applicable in times of conflict, the Armed Conflict, 2008, p. 3 take appropriate actions to protect United Nations Security Council has indigenous children from physical and/or adopted a number of resolutions on mental violence, injury, abuse and women, peace and security, sexual violence e Human Rights Council established exploitation, recognizing the particular in armed conflict and children affected by the UPR in 2006 as a State-driven peer vulnerability of girls.80 armed conflict. ese resolutions are built review mechanism to provide upon the acknowledgement – first set out opportunities to Member States to States and international organizations in Security Council Resolution 1325 account for actions which they have have repeatedly recognized a child’s right (2000) and subsequently by Resolutions taken to fulfil their human rights to be protected from all forms of 1820 (2008), 1888 (2009), 1889 (2009) obligations. e first cycle (2008-2011) violence, exploitation and abuse. ese and 1960 (2010) – that conflict has a reviewed all 193 United Nations are reflected in Articles 19, 32 and 34 of disproportionate impact on women and Member States and is currently being the CRC and reinforced by the Optional girls, hence the need for their participation repeated in a second cycle (2012-2016). Protocol to the CRC on the Sale of in peace and security processes. e process has been instrumental in Children, Child Prostitution and Child Similarly, relevant Security Council highlighting and making Pornography and the Optional Protocol resolutions on children affected by armed recommendations for addressing the on the Involvement of Children in conflict, particularly resolutions 1612 human rights concerns of indigenous Armed Conflict. e Protocol to Prevent, (2005) 1882 (2009) and 1998 (2011), peoples to a number of governments. Suppress and Punish Trafficking in request States to develop time-bound Persons, Especially Women and Children national action plans on the elimination Furthermore, the communication – which supplements the United Nations of the six grave violations of children’s procedures of six human rights treaty UNICEF_BTS_3b_v3 5/24/13 9:29 AM Page 18

Breaking the Silence on Violence against Indigenous Girls, Adolescents and Young Women: 18 A call to action based on an overview of existing evidence from Africa, Asia Pacific and Latin America

bodies (CEDAW, ICCPR, CERD, programmes of action and agendas such Institutional mandates and mechanisms CRPD, the Convention against Torture as those of the ICPD Programme of have also been established in each of the and the Convention for the Protection of Action, the Beijing Platform for Action three regions to operationalize these All Persons from Enforced (including follow-up actions based on regional human rights frameworks. In Disappearance) offer opportunities for periodic reviews and the Beijing Africa, they include the Special individuals or groups to submit Declaration of Indigenous Women); the Rapporteur on the rights of women in complaints to the relevant bodies to outcomes of the Fifty-seventh Session of Africa, the African Committee of Experts facilitate redress of violations of their the Commission on the Status of on the Rights and Welfare of the Child rights when domestic paths for remedies Women (which also took into (to monitor State compliance with the have been exhausted. In 2011, the ird consideration the second Declaration of ACRWC), the African Committee of Optional Protocol to the CRC was Indigenous Women made at the session); Experts on Indigenous Populations/ adopted by the General Assembly to the follow-up process to the Secretary- Communities of the ACHPR and the allow individual or groups of children to General’s study on violence against African Peer Review Mechanism of the submit complaints regarding specific children as conducted by his Special New Partnership for Africa’s violations of their rights under the Representative on Violence against Development. In Latin America, Convention and its first two Optional Children; and his campaign to achieve institutional mandates and mechanisms Protocols. Once it enters into force after universal ratification and implementation include the Inter-American Commission ratification by ten Member States (Article of the Optional Protocols to the CRC; on Human Rights (IACHR); the Inter- 19(1)), it will be the only complaint the Rio de Janeiro Declaration and Call American Court of Human Rights; the mechanism covering all the rights of for Action to Prevent and Stop Sexual Inter-American Commission on Human children and is expected to significantly Exploitation of Children and Rights Rapporteurs on the rights of ensure that those whose rights have been Adolescents; and the Roadmap for indigenous peoples, the rights of women violated are provided with appropriate Achieving the Elimination of the Worst and the rights of children; and finally for alternative remedies. Forms of Child Labour by 2016. Asia the ASEAN Commission on the Promotion and Protection of the Rights ese global frameworks are 2.4.1 Regional frameworks of Women and Children. complemented by global platforms, e States of Africa, Latin America and All the above international and regional Asia Pacific have also made important standards, mandates and mechanisms are strides in translating their international foundational tools for addressing commitments into regional frameworks violence against indigenous girls and their reflect their special contexts. women and therefore serve as useful entry points for advocacy, legal and Among the most pertinent are the policy reforms as well as monitoring African Charter on the Rights and progress. Welfare of the Child (ACRWC); the Protocol to the African Charter on Human and Peoples’ Rights on the Rights of Women in Africa; the African Youth Charter; the Resolution of the ACHPR on the Protection of Indigenous Women and Girls from all Forms of Violence;81 the American Convention on Human Rights; the Inter-American Convention on the Prevention, Punishment and Eradication of Violence against Women; and the Declaration on the Commitments for Children of the Association of Southeast Asian Nations

© UN Trust Fund to End Violence against Women (ASEAN). / Kara Marnell UNICEF_BTS_3b_v3 5/24/13 9:29 AM Page 19

Section III The contexts of indigenous 3.1 Introduction This section describes how the social, economic, cultural and political peoples and contexts of indigenous peoples contribute to the structural, underlying causes and risk factors for violence against indigenous girls and women the interface as presented in the ecological model. between structural and 3.2 Indigenous peoples over an estimated 35 countries on the of Africa, Asia Pacific continent, according to the African underlying and Latin America Commission’s Working Group of Experts on Indigenous Populations/ causes and As noted earlier, the study is grounded Communities.85 in the prevailing view within the risk factors international community that no formal 3.3 Structural and definition of indigenous peoples is underlying causes and for violence necessary and is therefore underpinned risk factors for violence by the fundamental subjective criterion against of self-identification and objective 3.3.1Introduction characteristics. Basic background indigenous information on the peoples who broadly Specific attention to risk factors for identify themselves as indigenous is violence is essential because when they girls, needed for understanding the accumulate and overlap – as they often experiences of violence among do in the case of indigenous girls and adolescents indigenous girls and women. women – they not only contribute to underlying causes of violence against and young Eighty per cent of the world’s people indigenous girls and young women but who identify themselves as indigenous may also mitigate the protective factors women: are based in Asia (mainly China, South that typically prevent or reduce the Asia and Southeast Asia), with likelihood of its occurrence.86 Within this illustrations populations ranging from about 8 per context, the sub-sections are divided into cent in China and India and 10 per cent six overarching concerns found in the from Africa, in Viet Nam to 37 per cent in Nepal.82 literature: (1) gender inequality and Asia Pacific and While estimated numbers for those discrimination; (2) customary and located in the Pacific are yet to be statutory standards on the minimum age Latin America established, they mainly inhabit the four of marriage; (3) poverty, exclusion and sub-regions of Oceania (Polynesia, limited access to services; (4) the impact Melanesia and Micronesia, as well as of stigma and discrimination on access to Australia and New Zealand).83 and quality of services; (5) the lack of legal recognition and identity; and (6) Latin America is home to an estimated dispossession from ancestral lands. 50 million indigenous peoples spanning 642 indigenous groups, with the 3.3.2 Gender inequality majority located in Bolivia (Plurinational and discrimination State of), Ecuador, Guatemala, Mexico, and Peru.84 In Africa, indigenous peoples Violence against women and girls is a are predominantly hunter-gatherers, pervasive violation of human rights that pastoralists and agro-pastoralists scattered persists in every country in the world and UNICEF_BTS_3b_v3 5/24/13 9:29 AM Page 20

Breaking the Silence on Violence against Indigenous Girls, Adolescents and Young Women: 20 A call to action based on an overview of existing evidence from Africa, Asia Pacific and Latin America

cuts across all socio-economic groups. marry. ough this Convention pre-dates minimum age of marriage for girls is Having its roots in historical and many of the international and regional 15 years.92 And even though Indonesia’s structural inequality in power relations treaties discussed in Section II, its minimum age requirement is 16, there are between males and females, it is violation has for many years been the reports that up to 11 per cent of currently characterized by the use and abuse of rule rather than the exception in many married women entered into marriage power and control in public and private countries. In the case of Africa, the before the age of 16, while 22 per cent did spheres, and is intrinsically linked to ACRWC and the Protocol to the African so before the age of 18.93 In ailand, the gender stereotypes that underlie and Charter on Human and Peoples’ Rights minimum age stipulation is 17 with an perpetuate such violence, as well as other on the Rights of Women in Africa exception that it could be lowered to 13 if factors that can increase women’s and specifically require States parties to sexual abuse is proven.94 girls’ vulnerability to such violence.87 stipulate the minimum age of marriage rough the life cycle, the choices and for females at 18 years (Box 3.3.3). In Colombia, Guatemala and Nicaragua full potential of girls and adolescents are marriage is permitted at 14 years with dictated by gendered expectations and parental consent,95 while the law in El divisions of labour defined by society. Box: 3.3.3: Provisions on child Salvador fixes the minimum age ese factors negatively impact on their marriage and betrothals in the requirement at 18 years and allows chances of having a full course of ACRWC adolescents as young as 14 years to be education, deciding whom to marry and married if they have reached puberty, when to have children among others. Child marriage and the betrothal of become pregnant or have a child.96 girls and boys shall be prohibited and Gender inequality and discrimination are effective action, including legislation, As the essence is not just to fulfil a therefore the root cause and consequence shall be taken to specify the minimum age requirement, the CEDAW of violence because they perpetuate and minimum age of marriage to be 18 Committee recommended that a manifest in various forms of violations years and make registration of all discrepancy be addressed in Vietnamese such as child marriage, prenatal sex marriages in an official registry law that requires men to be at least 20 selection, son preference, FGM/C and compulsory. years and women to be at least 18 years inheritance-related practices such as to marry.97 Persistent challenges facing patrilineal inheritance regimes and Source: Article 21 (2) countries in undertaking law reforms in widowhood rites. this area may also be appreciated from the CRC Committee’s handing down the 3.3.3 Customary and Within the context of customary law, same recommendation to the statutory standards on the studies of indigenous peoples of West Plurinational State of Bolivia regarding minimum age of marriage and Central Africa find that the typical the continued low and differential legal age of marriage for girls and adolescents ages for marriage set for female (14 years) e CRC and CEDAW Committees range between 12 and 16 years in some and male (16 years) adolescents in its have frequently recommended 18 years communities.89 In indigenous jurisdiction on two occasions (1998 and as the minimum age of marriage for both communities of the Republic of Congo, 2009).98 sexes without exception.88 e CEDAW early transition to adulthood among Committee particularly urges States to children confers on them the right to 3.3.4 Poverty, exclusion and set this same minimum age of marriage choose in matters of marriage, limited access to services for women and men, in line with reproduction and alcohol use, often to Article 1 of the CRC and Article 16 the detriment of their survival and While recognising that violence is caused of CEDAW supported by its General development.90 by a complex interplay of several factors, Recommendation 21 on equality in the Fifty-seventh session of the CSW marriage and family relations. Although customary law is usually subject recognizes that women and girls are at to statutory laws in a number of increased risk of violence due to poverty, is is in accord with the Convention on countries,91 protections to women and lack of empowerment and Consent to Marriage, Minimum Age for girls are further eroded when the latter marginalization resulting from exclusion Marriage and Registration of Marriages also specifically dictate lower ages of from social and economic policies and (1964), which stipulates that only “men marriage for females. In the Democratic the benefits of education and sustainable and women of full age” have the right to Republic of the Congo, the statutory development.99 UNICEF_BTS_3b_v3 5/24/13 9:29 AM Page 21

Breaking the Silence on Violence against Indigenous Girls, Adolescents and Young Women: A call to action based on an overview of existing evidence from Africa, Asia Pacific and Latin America 21

When poverty is discussed as a correlate and informal mechanisms which can America live in rural, remote and hard- or risk factor for violence, it is indicative address and prevent further acts of to-reach areas where basic services and of inaccessibility (e.g., financial and violence. e absence of these services infrastructure are limited.102 geographical) to resources and services. result in a culture of fear and Basic services and those related to impunity and a cycle of violence, Although general declines in poverty violence prevention and response often impacting adversely on efforts to rates are evident across both indigenous become inaccessible or compromised in prevent further acts of violence and and non-indigenous populations of Latin quality. e contexts in which such securing a safe environment for America, change has been marginal deprivations potentially impact on the society as a whole. among indigenous peoples, resulting in protection of indigenous girls and their continued over-representation women from violence can be appreciated Geographical isolation is also a major among the poor.103 Poor children of from the following selected illustrations: hindrance to access to and delivery of indigenous and Afro-descendant services for many indigenous background in Latin America experience l Education is the key to combatting communities.100 is tends to be rates of poverty that surpass those of illiteracy, a condition which acts as a associated with the high concentration of other groups by about 20 percentage barrier to awareness of rights and services in urban areas due to limited and points.104 institutions which have been ineffective decentralized systems. Such established to protect and enforce inequalities contribute to significant Recent analysis with available data them. Education is both a preventive disparities in access to services in a demonstrates a consistent gap in extreme and protective factor against violence number of countries.101 For example, poverty rates between indigenous and and other harmful practices as it studies show that an estimated 50 per non-indigenous peoples in the either delays or stops such cent of indigenous peoples in Latin Plurinational State of Bolivia between occurrences. It is therefore a fundamental tool of empowerment and a vehicle through which girls Box: 3.3.4: The importance of reproductive and sexual health realize their full potential. l Accessing health services is also The need for increased access to reproductive health services for indigenous important for ensuring that adolescents cannot be underestimated. Annually, nearly 16 million adolescent indigenous girls, adolescents and girls between ages 15 and 19 give birth and contribute to 11 per cent of all births young women receive prevention, worldwide, with the highest proportion of adolescent births in sub-Saharan Africa, protection and response services such Latin America and the Caribbean. While these adolescent girls make up a high as comprehensive information on proportion of annual births, they are more vulnerable to experiencing family planning and HIV/AIDS complications during pregnancy and childbirth. Each year, an estimated 50,000 prevention, clinical evaluation, HIV adolescent girls die as a result of such complications. diagnostic testing and counselling and post exposure prophylaxis The Office of the High Commissioner for Human Rights finds that in Guatemala, (Box 3.3.4). 38,645 adolescent pregnancies were registered between January and August 2012. l When communities lack water or Of this number 1,865 were girls under 14 years and 60 per cent were indigenous. sources are contaminated or dry up, The majority were of poor backgrounds and had also dropped out of school. girls are required to walk longer distances in search of clean water, In Bangladesh and Viet Nam, comprehensive knowledge of HIV transmission among exposing them to potential violence girls and women aged 15-49 years tends to be lowest among Scheduled Tribes and and resulting in less time spent in ethnic minorities, respectively. In Bangladesh, 29 per cent of the former had school. comprehensive knowledge, compared to 55 of the national total. In Viet Nam, the l Reporting, complaints and counselling rates were 29 per cent of ethnic minorities, compared to 47 per cent of the Kinh/Hoa. mechanisms are core components of a robust, functioning system to protect Sources: UNICEF. Progress for Children: A Report Card on Adolescents. 2012, pp. girls and women from violence and 19, 24; Report of the United Nations High Commissioner for Human Rights on the furthermore support rehabilitation activities of her office in Guatemala, 2012, para. 59; Viet Nam Multiple Indicator and reintegration efforts. A Cluster Survey 2011, p. 193; Bangladesh Multi Cluster Indicator Survey, 2006 p. 114. complaints system can include formal UNICEF_BTS_3b_v3 5/24/13 9:29 AM Page 22

Breaking the Silence on Violence against Indigenous Girls, Adolescents and Young Women: 22 A call to action based on an overview of existing evidence from Africa, Asia Pacific and Latin America

1996 and 2009. While latter years both non-indigenous and indigenous the population of indigenous and Afro- showed a slight decline in poverty for rates declined, by 2006 the gap between descendant populations 18 years or both indigenous and non-indigenous indigenous peoples and the rest of the younger lack adequate access to safe populations, for those of indigenous population remained constant. water, compared to 22 per cent of the background, the gap on inequality (Figures 3.3.4 and 3.3.4.1)106 rest of the population.107 Poverty is remained above the national average.105 considered “the most consistent indicator Similarly in Guatemala, when declines in In 7 countries of Latin America – Bolivia of educational disadvantage” in poverty were evident among both (Plurinational State of), Brazil, Chile, Guatemala, where school enrolment, indigenous and non-indigenous Ecuador, Guatemala, Nicaragua and retention and transition rates are lower populations from 1989 to 2000 and Paraguay – an estimated 36 per cent of among indigenous girls and adolescents compared to non-indigenous females and indigenous and non-indigenous males Figure 3.3.4: Trends in extreme poverty, Plurinational State of Bolivia (Figure 3.3.4.2).108

70 While recent findings point to rapidly declining poverty rates among 57.6 56.6 60 indigenous peoples, in the Asia Pacific 48.8 47.4 47.4 region, disparities between indigenous 50 41.2 and non-indigenous peoples persist in 37.6 40 45.2 34.2 some countries.109 38.2 37.7 30 37.7 31.3 29.9 Government of India estimates in 2012, 20 27.1 26.1 24.2 21.3 25.2 for instance, demonstrate that while 10 17.5 15.5 poverty declined from 37 per cent in 2004-2005 to 30 per cent in 2009-2010, 0 the decline occurred at a much slower 1996 2004 2005 2006 2007 2008 2009 pace for Scheduled Tribes, who exhibit the highest level of poverty in rural areas Indigenous Total Non-indigenous (47 per cent) than all classes (34 per cent). In urban areas, the rate is equally Source: Unidad de Análisis de Políticas Sociales y Económicas and Comité Interinstitucional de las Metas de high: 30 per cent for Scheduled Tribes Desarrollo del Milenio, Sixth progress report Millennium Development Goals in Bolivia, 2010, Pp. 33-35. and 21 per cent for all classes. Similarly, Figure 3.3.4.1: Trends in extreme poverty, Guatemala poverty rates increased during this period in all three states where the Scheduled 90 Tribe population exceeds 80 per cent: 81.3 Meghalaya (16 per cent to 17 per cent), 80 Mizoram (15 per cent to 21 per cent) 70 and Nagaland (9 per cent to 21 per 57.9 60 cent).110 Comparable findings further show that although similar economic 50 45.2 growth rates have been experienced 40 across all ethnic groups in Viet Nam, 26.5 27.6 Indigenous 30 those of ethnic minority background are actually falling behind in terms of 15.7 20 National absolute consumption levels, ethnic 15.2 10 minorities have a lower probability of 7.8 7.8 escaping poverty than the Kinh/Hoa Non-indigenous 0 ethnic majority.111 1989 2000 2006 Viet Nam’s 2011 MICS further shows Source: World Bank, Guatemala Poverty Assessment, 2009, pg. viii. that while an estimated 96 per cent of UNICEF_BTS_3b_v3 5/24/13 9:29 AM Page 23

Breaking the Silence on Violence against Indigenous Girls, Adolescents and Young Women: A call to action based on an overview of existing evidence from Africa, Asia Pacific and Latin America 23

Figure 3.3.4.2: Inequalities between indigenous and non-indigenous girls and young women aged 15–24 years populations in Guatemala are literate, the percentage of literate young women in ethnic minority 100 households is 82 per cent and the 90 number in Kinh/Hoa households is 99 per cent.112 In the Lao People’s 80 Democratic Republic, indigenous girls 70 and adolescents spend the least time in 60 school per day (2.1 hours, compared to 50 3.1 hours for their indigenous male 40 counterparts) and for the poor, this is 30 Indigenous further reduced to 1.8 hours.113 In India, 20 despite the tremendous strides made in 10 the education sector as a whole, females Non-indigenous 0 from Scheduled Tribes face a ‘triple Literacy rate Per cent living in Per cent of girls in disadvantage’ of tribe, gender and place among females extreme poverty school at age 7 of residence. Girls and adolescents of this (10-19 years old) group attain an average of 4 years of schooling, compared to 7 years among Sources: Literacy rate data (2006): Hallman, K., Peracca, S., Catino, J., Ruiz, M.J. Indigenous Girls in non-Scheduled Tribes and the situation Guatemala: Poverty and Location. In Center for Global Development Maureen Lewis & Marlaine Lockheed, eds. 114 Exclusion, Gender and Education: Case Studies from the Developing World. 2007, p. 146. Per cent living in tends to worsen by rural locality. extreme poverty (2006): Report of the Special Rapporteur on the right of everyone to the highest attainable standard of physical and mental health (A/HRC/17/25/Add.2), 2011, para 37. See also SEGEPLAN, Objetivos de Desarrollo del Milenio: Informe de Avances, Guatemala, 2010, p. 25. Per cent of girls in school at age 7 3.3.5 The impact of stigma (2000): ENCOVI 2000 referenced in Hallman, K., Peracca, S., Catino, J., Ruiz, M.J. Indigenous Girls in Guatemala: Poverty and Location. In Center for Global Development Maureen Lewis & Marlaine Lockheed, eds. and discrimination on access Exclusion, Gender and Education: Case Studies from the Developing World. 2007, p. 149. to and quality of services

While poverty may deprive indigenous peoples of the means to access basic services, stigma and discrimination exacerbates exclusion and creates further barriers to their utilization.

e CRC Committee repeatedly expresses concern about the disparities in access to basic services and their poor quality.115 It finds for instance, that de facto discrimination has been a significant driver of the persisting low access to social services for children located in indigenous provinces (e.g., Ratanakiri and Mondulkiri) of Cambodia as well as Batwa children of Uganda.116 Similarly in Nepal, disparities in access to services according to caste and tribe are more pronounced compared to disparities based on wealth and sex.117

UNESCO finds that discrimination and a lack of access to bilingual education © UNICEF / NYHQ2009-2521 / Graeme Williams place indigenous children at a UNICEF_BTS_3b_v3 5/24/13 9:29 AM Page 24

Breaking the Silence on Violence against Indigenous Girls, Adolescents and Young Women: 24 A call to action based on an overview of existing evidence from Africa, Asia Pacific and Latin America

disadvantage within educational settings contraceptive uptake and access to skilled and the prevalence of corruption.128 In where, children from low-caste and tribal birth attendants.” He reports that Kenya, while 60 per cent of children households score at far lower levels when indigenous women are affected by their under the age of 5 years are registered their background is publicly announced, perceived excessive fecundity among with a civil authority nationally, only 48 compared to when it is kept non-indigenous medical professionals.123 per cent of children of that age range are confidential.118 Similarly, an ILO rapid ese discriminatory tendencies, registered in the largely pastoral North assessment of indigenous children in the together with the unavailability of Eastern Province due to factors such as Papua Province of Indonesia determined culturally appropriate and accessible insecurity in these areas and limited that 40 per cent of the 495 children services often discourage indigenous access to civil registration services.129 surveyed (221 girls and 274 boys) were women and girls from accessing health affected by discriminatory attitudes such care services. Lack of legal identity and statelessness are as stereotyping, verbal abuse and interlinked in the Asia Pacific region, subjective grading, attitudes which have a 3.3.6 Lack of legal where these issues are found to increase negative impact on enrolment, retention recognition and identity the risk of violence and abuse. In and learning achievement.119 ailand, the estimated 2 million e absence of legal recognition of ‘stateless’ people include approximately e landmark review of the situation of indigenous peoples in some countries 600,000 people of indigenous and indigenous peoples of Africa undertaken (e.g., Botswana, Burkina Faso, Morocco, minority backgrounds; many are children by the African Commission’s Working Rwanda, the United Republic of who do not possess birth certificates and Group of Experts on Indigenous Tanzania and Uganda) accounts for their are consequently denied access to services Populations/Communities found that invisibility in national statistics and such as healthcare and education.130 extreme forms of discrimination was a challenges in accessing protective and Without identification cards or ai critical impediment to their participation social services.124 citizenship, the CRC Committee and advancement in society.120 During its expressed concern that “many indigenous country missions to Namibia, South is is exacerbated by low levels of birth and minority children are at increased Africa, the United Republic of Tanzania registration. e lack of proof of identity risk of abuse and exploitation.”131 and Uganda, the Working Group found and age render girls and adolescents in that large numbers of indigenous particular, vulnerable to forms of In Myanmar and Viet Nam, disparities children, including girls, had dropped violence such as trafficking, sexual in birth registration are more evident in out of school due to discriminatory exploitation and other child protection relation to ethnicity than to sex in which attitudes and verbal abuse from teachers concerns.125 differentials are not noticeable. In Viet and students.121 Similar concerns are Nam, the birth registration rate of both found in some health settings in Africa In the Latin America region, indigenous boys and girls under 5 years is where the Lancet notes that “… poor and Afro-descendant children form the approximately 95 per cent.132 When health in the general population is widely majority of the 10 per cent of all children disaggregated by ethnicity, however, recognized, but the consistently lower below the age of 5 who have not been 97 per cent of the majority Kinh/Hoa health position and social status of registered at birth.126 Bottlenecks to children are registered compared to indigenous peoples are rarely noted.” In timely registration in the region include 85 per cent of ethnic minority this context, it finds that the Central the requirements of parents to submit children.133 In Myanmar, the average rate African Pygmy peoples and the San of their own birth certificates and a denial for both males and females (73 per cent) southern Africa face severe of the right of the child to be registered is greater than in states with high discriminatory attitudes from health under an indigenous name.127 Factors indigenous populations (e.g., Chin, workers in ways that impede on both inhibiting birth registration of 24 per cent; Shan North, 52 per cent; access and quality to health services.122 indigenous children in some countries of and Rakhine, 59 per cent).134 e West and Central Africa (e.g., the Congo Government of the Philippines also finds Similarly, during his visit to Guatemala, and Gabon) include lack of awareness that the majority of the 2.7 million the United Nations Special Rapporteur among parents of its importance, delayed unregistered children in its country are on the right to health found that the naming of children, long distance to Muslim indigenous children living in the marginalization of rural indigenous registration centres and high costs Autonomous Region in Muslim women is “reflected in many indicators compounded by unclear information Mindanao (ARMM), Eastern Visayas, relating to reproductive health, such as concerning official birth registration fees Central Mindanao, Western Mindanao UNICEF_BTS_3b_v3 5/24/13 9:29 AM Page 25

Breaking the Silence on Violence against Indigenous Girls, Adolescents and Young Women: A call to action based on an overview of existing evidence from Africa, Asia Pacific and Latin America 25

and Southern Mindanao.135 ough rates of 89 per cent, 95 per cent and due to displacement, loss of livelihoods, efforts have targeted registration of 79 per cent respectively, compared to the forced migration and relocation, all of indigenous children, the challenge of national average of 72 per cent.138 which serve as risk factors for violence reaching them with birth registration against indigenous girls and women. services as well as other prevention, 3.3.7 Dispossession is can be appreciated from some protection and response services from ancestral lands documented experiences of indigenous persists.136 communities. Infrastructural development is a Not all indigenous communities are fundamental necessity for the fulfilment According to the 2002-2007 Five-Year affected by low rates of birth registration: of economic, social and cultural rights, as Plan of the National Commission on Important lessons may be learned from well as civil and political rights of all Scheduled Castes and Scheduled Tribes the experience of the predominantly citizens. However, when such of India, 8.54 million members of the indigenous north-eastern state of developments take place on the ancestral Scheduled Tribe population were Mizoram in India where DHS data from lands of indigenous peoples without their displaced from their traditional lands as a 2005-2006 suggests that this state has a “free, prior and informed consent” and result of development projects in the rate of 93 per cent, compared to the total adequate compensation the consequences states of Andhra Pradesh, Bihar, Gujarat, population of 41 per cent.137 Also for lead to an erosion of these rights. In such Maharastra, Madhya Pradesh, Orissa and potential learning, in Myanmar, situations, the protective environments Rajasthan. Of this number, only 25 per indigenous populated states of Mon, afforded by both families and cent were resettled. e Commission Shan East and Shan South also record communities generally break down found that the displacement led to

© UNICEF / NYHQ2012-1487 / Marco Dormino UNICEF_BTS_3b_v3 5/24/13 9:29 AM Page 26

Breaking the Silence on Violence against Indigenous Girls, Adolescents and Young Women: 26 A call to action based on an overview of existing evidence from Africa, Asia Pacific and Latin America

“loss of assets, unemployment, debt tensions between other indigenous and bondage and destitution.”139 e Special non-indigenous communities over Rapporteur on the rights of indigenous limited landed resources.142 peoples also found that the Sardar Sarovar Dam and Power Project, a multi- Experiences of loss of access to and year, multipurpose project affecting areas control over lands also threaten the in the states of Gujarat, Madhya Pradesh, survival and existence of hunter- Maharashtra and Rajasthan resulted in gatherers, pastoralists and the relocation of 320,000 indigenous agro-pastoralists in Africa. Developments people and affected the livelihood of such as logging, commercial agriculture, thousands of others.140 mining and wildlife conservation place their traditional rights of tenure in Similar situations are noted in Malaysia jeopardy.143 In addition, Minority Rights where the Bakun Dam resulted in the Group International finds that forced displacement of 15 indigenous displacement has sometimes resulted in communities due to clear-cutting of the relocation of internally displaced 80,000 hectares of the rainforest and in peoples to camps where women and girls the Lao People’s Democratic Republic, face risks to their security and well-being where the construction of the Nam due to lack of safe spaces in these eun 2 Dam in Khammouane Province environments.144 led to the displacement of more than 6,000 indigenous peoples.141 In the Lao People’s Democratic Republic, ailand and Viet Nam, efforts to relocate communities affected by such development projects have often resulted in community disintegration due to lack of economic and subsistence support and UNICEF_BTS_3b_v3 5/24/13 9:29 AM Page 27

Section IV Manifestations of violence 4.1 Introduction While there is a growing body of evidence on the magnitude, nature and against consequences of gender-based violence globally, knowledge of its extent among the groups being studied is limited and tends to vary widely by indigenous issue and region. Existing literature provides illustrations of manifestations of violence in four areas, namely: (1) domestic violence; (2) harmful girls, practices; (3) economic exploitation, sexual abuse and sexual adolescents exploitation; (4) and gender-based violence in situations of armed violence, insecurity and communal conflicts. and young women: 4.2 Violence against of ever-married girls and women aged 15- indigenous girls, 49 reporting physical or sexual violence by examples from adolescents and young a current or former partner (29 per cent) women: what has been compared to the national average of 24 per Africa, Asia documented to date? cent. In relation to psychological violence by a current or former partner however, Pacific and 4.2.1 Domestic violence Chuquisaca records the same prevalence (38 per cent) as the national average and is Latin America Domestic violence – which the United lower than Santa Cruz, a more Nations General Assembly defines as cosmopolitan department which records a “any form of violence that occurs within prevalence rate of 41 per cent (see the private sphere, generally between Figure 4.2.1 overleaf for further details).147 individuals who are related through blood or intimacy” – is one of the most In India, the proportion of the common and least visible manifestations population belonging to Scheduled of violence against women and girls– Tribes is high in all north-eastern states assuming many different dimensions, except Assam and Tripura. Households including physical, psychological and belonging to Scheduled Tribes comprise sexual violence.145 the majority in Mizoram (95 per cent), Nagaland (89 per cent), Meghalaya (86 Findings from the DHS of Bolivia per cent) and Arunachal Pradesh (64 per (Plurinational State of) (2008), India cent). One fifth or more of households (2005-2006), and the Philippines (2008) belong to Scheduled Tribes in Manipur point to a mix of results in reference to (34 per cent), Chhattisgarh (32 per some specific forms of violence against cent), Jharkhand (26 per cent), Orissa indigenous adolescents and women and (22 per cent), Sikkim (21 per cent) and how their prevalence rates compare with Madhya Pradesh (20 per cent).148 e the rest of the population. 2005-2006 DHS of India finds that 47 per cent of ever-married girls and For example, 62 per cent of the Bolivian women aged 15-49 belonging to population is indigenous, and the Scheduled Tribes have experienced country’s departments of Chuquisaca, emotional, physical, or sexual violence Cochabamba, La Paz, Potosí and Oruro committed by their husband, compared have its highest concentration of to 40 per cent of the total population.149 indigenous peoples.146 DHS data show In addition, 16 per cent of ever-married that Potosi records the highest prevalence girls and women aged 15-49 who belong UNICEF_BTS_3b_v3 5/24/13 9:29 AM Page 28

Breaking the Silence on Violence against Indigenous Girls, Adolescents and Young Women: 28 A call to action based on an overview of existing evidence from Africa, Asia Pacific and Latin America

Figure 4.2.1: Percentage of ever-married women who have younger women to report most of the been inflicted by violence by their current or former spouse (%) controlling behaviours by their husbands.153 is is demonstrated in the Total fact that 45 per cent of adolescents and young women aged 15-19 and 35 per Area of Urban Residence cent of young women aged 20-24 Rural indicate that their husbands have ever La Paz exhibited jealousy and anger when they Oruro talk to persons of the opposite sex.154 Department Potosí Chuquisaca 4.2.2 Harmful practices Cochabamba In plural legal systems, the simultaneous Tarija existence and operation of national Santa Cruz legislation, customary and/or religious Beni laws often lead to tensions and complications in the implementation of Pando the rights of women and girls as 0% 5% 10%15% 20% 25% 30% 35% 40% 45% established in international and regional 155 Psychological Physical or Sexual human rights treaties. is situation is particularly evident in a number of

Source: Bolivia: Encuesta Nacional de Demografía y Salud 2008, p. 235 countries where harmful practices have been outlawed but continue to persist due to the continuing influence of to a Scheduled Tribe report that their which consists of six administrative traditional norms. husband has displayed three or more regions (the Autonomous Region of ‘control behaviours’, compared to 12 per Muslim Mindanao, Caraga, Davao, e Special Representative of the cent of the total population.150 Northern Mindanao, SOCCSKSARGEN Secretary-General on Violence against Furthermore the predominantly and Zamboanga peninsula).152 e Children finds that “the list of harmful indigenous state of Arunachal Pradesh remaining 33 per cent are accounted for practices worldwide is long and ranges has the highest percentage of ever- in Luzon, which holds eight from lesser-known practices such as married girls and women aged 15-49 administrative regions: Bicol, Cagayan breast ironing, forced feeding and who have ever experienced different Valley, CALABARZON, Central Luzon, nutritional taboos, and the use of forms of spousal violence: physical or Cordillera Administrative Region, Ilocos, children in witchcraft rituals, to the more sexual (39 per cent) violence and MIMAROPA and the National Capital commonly known practices of FGM/C, emotional, physical or sexual (43 per Region. e Visayas group holds 6 per forced and child marriage, honour cent) violence and ranks higher than the cent and 3 administrative regions killings, acid attacks, son preference, experience of girls and women of the (Western Visayas, Central Visayas, and female infanticide as well as virginity same age in the total population—at 37 Eastern Visayas). e Mindanao region testing.”156 Nevertheless evidence per cent and 40 per cent, respectively.151 (with the exception of ARMM) and gathered for this research shows that Cordillera Administrative Region existing data in this area in relation to Similarly, the DHS of the Philippines generally report higher percentages of indigenous girls and women is limited determines prevalence rates of specific ever-married girls and women aged 15- mainly to child marriage and isolated forms of domestic violence according to 49 whose husbands have ever exhibited examples of FGM/C and son preference. regions which have largely homogeneous selected types of controlling behaviours, characteristics, such as the ethnic origin by background characteristics, compared e previous section noted that the lack of inhabitants, dialect spoken, and to the total population (Table 4.2.1). of consistency between both statutory agricultural produce. e National and customary laws with international Commission on Indigenous Peoples is finding is particularly important as standards on the minimum age of (NCIP) estimates that 61 per cent of among the overall population, older marriage compromise protections that indigenous peoples live in Mindanao, women are generally less likely than should be afforded to indigenous girls UNICEF_BTS_3b_v3 5/24/13 9:29 AM Page 29

Breaking the Silence on Violence against Indigenous Girls, Adolescents and Young Women: A call to action based on an overview of existing evidence from Africa, Asia Pacific and Latin America 29

Table 4.2.1: Percentage of ever-married girls and women aged 15-49 whose husbands have ever exhibited selected types of controlling behaviours by background characteristics (round estimates)

State Is jealous or angry Frequently accuses Insists on knowing Displays 3 or more if she talks to other her of being where she is at all of the specific men unfaithful times behaviours

Cordillera Administrative Region 20 12 14 9

Zamboanga Peninsula 36 12 28 10

Northern Mindanao 32 16 16 13

Davao 30 15 17 13

SOCCSKSARGEN 42 16 34 13

Caraga 38 23 24 17

ARMM 28 8 29 8

Total population 30 13 18 10

Source: Philippines National Demographic and Health Survey 2008: Key Findings, p. 212

and adolescence against child marriage. (East), followed by Shan (North) and Fi Bangsamoro showed that 83 per cent In Viet Nam, the 8 per cent of Shan (South) at 14 per cent and 11 per were aged 15-17, while 17 per cent were adolescents aged 15–19 years who are cent, respectively.159 In the Lao People’s aged 9-14. e ages of the respondents’ currently married or are in a union Democratic Republic where child husbands ranged between 11-59 years, nationally increases with lower levels of marriage has been prohibited by law, the and 57 per cent were between 17 and 21 education and by localities populated by CRC Committee expressed concern at the time of marriage.162 e ARMM ethnic minority groups. Hence 27 per about the continued practice of child also has the lowest median age at first cent of adolescents aged 15–19 years marriage among indigenous girls. It marriage and the lowest median age at with no education are currently married found that the country’s lack of an first sexual intercourse (both 19 years) or in a union, compared with only 1 per effective statistical database to monitor among women aged 25-29, compared to cent of their peers with tertiary the Family Act of 1990 – the legislation 22 and 21 years respectively for the education. In the Northern Midland and that prohibits child marriage –, impedes country’s general population.163 Other Mountain regions the percentage of the law’s implementation.160 related reproductive health data on currently married 15-19-year-old ARMM include the region having the: adolescents is the highest, standing at 17 e Global Campaign to Stop Violence and 11 per cent, respectively.157 Similarly, against Women finds that child marriage l Lowest percentage of girls and women while nationally, 12 per cent of women in the indigenous-dominated aged 15-49 receiving antenatal care in the age group 20–49 were married by Autonomous Region of Muslim from a skilled provider (47 per cent), the age of 18, among those located in Mindanao (ARMM) of the Philippines is compared to 91 per cent of the total Northern Midland and Mountain areas, largely influenced by Article 16 of the population; the prevalence rate was 19 per cent.158 Muslim Code, which sets the minimum l Highest likelihood of women aged 20- age of marriage of both males and 49 delivering their babies at home In Myanmar, where 7 per cent of females at 15 years and also confers (85 per cent, compared to 56 per cent adolescents aged 15-19 are married powers on sharia district courts to of the total population) and less likely nationally, the highest rates are found sanction the marriage of a girl who has in a health facility (15 per cent, among the Shan indigenous group. attained puberty.161 A total of 593 compared to 44 per cent of the total Twenty-two (22) per cent or one in every respondents from five provinces in population); and five females is found in the largely ARMM who were younger than 18 at l Lowest median duration of schooling indigenous populated areas of Shan marriage when surveyed by Nisa Ul-Haqq (4 years for women and 3 years for UNICEF_BTS_3b_v3 5/24/13 9:29 AM Page 30

Breaking the Silence on Violence against Indigenous Girls, Adolescents and Young Women: 30 A call to action based on an overview of existing evidence from Africa, Asia Pacific and Latin America

men compared to 7 and 6 years, Figure 4.2.2: Percentage of women aged 18-29 and men aged 21-29 who respectively, for the total population) were married by legal age for marriage in India (18 for women and 21 for men) based on de facto household population.164 50 45 While the DHS of India demonstrates 40 that the median age at first marriage for 35 Scheduled Tribe young women aged 20- 30 24 is 17 years compared to 18 years for 25 the total population, disaggregation by 20 sex shows disparities between males and 15 females based on the legal age of 10 marriage of the country (Figure 4.2.2).165 5 0

Like the ARMM, there is a strong Total

association with low median age at first Mizoram Nagaland Meghalaya Arunachal marriage and other reproductive concerns Pradesh among the Scheduled Tribes in India. For example, the percentage of Scheduled Percentage of women aged Percentage of men aged Tribe adolescents and young women aged 18-29 who were first 21-29 who were first married by 18 by state married by 21 by state 15-24 and 18-24 who had sexual

intercourse before 15 and 18 years, are 14 Note: Legal age for marriage is 21 for men and 18 for women as set by the Child Marriage Restraint Act of per cent and 50 per cent, respectively. 1978. The four states shown are those with the highest population of Scheduled Tribes out of the 29 states is contrasts with the total population covered by DHS. Source: National Family Health Survey (NFHS-3), 2005–06: India: Volume I p 167. of 10 per cent and 40 per cent for the same age groups on the one hand and for price are also documented for countries of Africa and the Middle East, only Scheduled Tribal men: 4 per cent and 19 in the Great Lakes region.168 Kenya has to date collected detailed per cent on the other. e data also shows information on the extent to which the that Scheduled Tribe girls and young Commonplace are harmful myths about practice affects indigenous groups (see women aged 15-24 are less likely (10 per specific forms of violence (e.g., wife- Section V). e Economic Commission cent) to have used a condom at the last beating and rape), many of which blame for Latin America and the Caribbean higher-risk intercourse than to Tribal women and girls for such crimes (ECLAC), finds that the practice is not males (22 per cent) and compared to the committed against them.169 In the common in the Latin America, region. total population of females (22 per cent) Democratic Republic of the Congo, Nevertheless, rare cases have been and males (26 per cent) of the same age there is a prevailing myth that sex with detected and documented among the group.166 Pygmy women, imbued with mythical Embera people of Colombia for more qualities, can cure illness (including than 70 years through ethnographic In the absence of quantitative sources, HIV).170 Studies on the Great Lakes records. In 2009, the Health Ministry of qualitative studies on child marriage and region similarly document prevailing Colombia drew public attention to the betrothals of indigenous women and girls myths that associate a cure of backaches problem following the deaths of three in West and Central parts of Africa show with sexual relations with Batwa and Twa young girls from complications. (see that girls as young as 13 or 14 are able to women.171 In Namibia, San women are Section VI).173 enter into marriage. In some countries, believed to be “generally sexually such as Gabon, girls as young as 4 years available and, when assaulted, do not As part of its DHS (2005-06), the old are ‘promised’ and sent to the families ‘feel’ raped.”172 Such myths not only Government of India undertook a of their future husbands to be educated perpetuate violence but also justify its “Fertility and Fertility Preferences” according to their customs and values.167 occurrence and negate possibilities for module to collect data on the mean ideal Oral testimonies of adolescents and seeking justice. number of sons, daughters, and children young women who had been abducted of either sex for both males and females and coerced into marriage by men who While Section 2.1 notes the continued aged 15-49. e indicators cover the were unwilling or unable to pay the bride high prevalence of FGM/C in some parts percentage of those who want more sons UNICEF_BTS_3b_v3 5/24/13 9:29 AM Page 31

Breaking the Silence on Violence against Indigenous Girls, Adolescents and Young Women: A call to action based on an overview of existing evidence from Africa, Asia Pacific and Latin America 31

than daughters; the percentage who want Table 4.2.2: Percentage of sex preference by sex (15-49) and states where more daughters than sons; the percentage indigenous populations are located* who want at least one son; and the percentage who want at least one Sex/states % who want % who want daughter by background characteristics. more sons than more daughters daughters than sons While son preference is a shared practice among men and women in the country as a whole, prevalence rates for son Scheduled Tribe females 29 4

preference are generally higher among Total female population 22 3 those of Scheduled Tribes, including in those states where they are located Scheduled Tribe males 27 3 (Table 4.2.2). ese results point to the continued low status accorded to girls in Total male population 20 2 society and can be used as an indication By State as to how household resources are shared between boys and girls and the impact Arunachal Pradesh 28 5 this potentially has on girls’ access to basic services such as education. Chhattisgarh 33 4

Madhya Pradesh 31 2 4.2.3 Economic exploitation, sexual abuse Jharkhand 28 2 and sexual exploitation Orissa 24 2 e review finds limited references to indigenous girls and women in the Manipur 29 4 expanding research on the various Meghalaya 12 17 dimensions of economic exploitation, sexual abuse and sexual exploitation Mizoram 29 23 which are issues of concern in the three regions. Within the broad array of Nagaland 21 10

literature, the study finds that Sikkim 16 6 disaggregation by both sex and ethnicity are rare and references to indigenous girls Total population 22 3 and women are made to sectors which Source: National Family Health Survey (NFHS-3), 2005–06: India: Volume I pp 103-106; *Based on round figures engage young people in bonded labour, forced labour, domestic labour, human trafficking in which they are also at risk interviewed comprised of ethnic groups peers.175 Factors contributing to this of being sold. who identify themselves as indigenous situation include high levels of poverty, (e.g., Tamang, Rai and aruin). It inadequate awareness and knowledge of For example, child labour is documented found that the maximum weight carried the impact of child labour among to be common among the Scheduled by female short-route porters was as high indigenous peoples and limited access to Tribes of India and indigenous peoples in as 50 kilograms while for long distance education opportunities.176 Similarly in western Nepal. In the latter, the Tamang routes it ranged between 20 and 30 Viet Nam, while more girls are involved account for 58 per cent of child labourers kilograms, often doing so for over a in child labour compared to boys in the carpet sector, while the Magar period of one or more hours.174 nationally (11 per cent versus 9 per represent 51 per cent of those working in cent), substantial differences emerge by coal mines. A 2003 ILO/IPEC baseline Additional studies undertaken by the ILO ethnicity. In the Northern Midland and survey undertaken in Nepal among male in the Papua Province of Indonesia found Mountain areas, 16 per cent of children and female short and long route child that indigenous children and adolescents aged 5–14 years are involved in child porters found that the majority of the are more likely to be involved in child labour activities, compared with 4 per more than 5,000 respondents labour than their non-indigenous cent in the Red River Delta. is UNICEF_BTS_3b_v3 5/24/13 9:29 AM Page 32

Breaking the Silence on Violence against Indigenous Girls, Adolescents and Young Women: 32 A call to action based on an overview of existing evidence from Africa, Asia Pacific and Latin America

percentage is also three times higher reflected among indigenous communities are in these forms of employment, among ethnic minority children (24 per and therefore remains a serious concern.186 compared with 16 per cent and 14 per cent) compared to Kinh/Hoa children Forced labour in the region is closely cent of their non-indigenous peers, (7 per cent) aged 5–14 years.177 linked to patterns of inequality and respectively. At rural level, although the discrimination, especially against rates for both indigenous and non- Countries of the Asia Pacific serve as one indigenous peoples.187 e country indigenous groups increase sharply or a combination of origin, transit or mission of the UNPFII to the (82 per cent of males and 79 per cent of destination points for child trafficking. Plurinational State of Bolivia in 2009 females in respect of those of indigenous Indigenous girls and young women found evidence of sexual abuse of Guaraní background and 54 per cent and 46 per throughout the Mekong region girls while serving in homes of landowners cent for those who are non-indigenous), (commonly known as hill tribes), are (see Box 4.2.3).188 In that same year, the those for the former remain significantly found to be especially vulnerable to CRC Committee expressed concern that higher. Furthermore, in all cases, the data trafficking for sexual exploitation.178 e the abuse of Guarani girls of the same shows that the participation rate of sale of indigenous girls for purposes of country was increasing due to the absence indigenous girls and adolescents is trafficking as well as debt bondage has of data to monitor prosecutions and consistently higher than that of non- been documented in Cambodia, China, convictions for such crimes.189 indigenous males, non-indigenous Indonesia, Myanmar, Taiwan Province of females and in some instances, exceeds China and ailand.179 Girls aged 12-16 that of indigenous boys and adolescents. years from hill tribes in ailand’s north Box 4.2.3: Testimonies of Bolivian Table 4.2.4)190 and north-east, for example, make up community members to the UNPFII most of the victims of internal country mission In Ecuador, the results of a rapid trafficking, particularly for sexual assessment undertaken by ILO of girl exploitation.180 Victims are usually lured “The owners come and say they are child labour in agriculture, domestic by the promise of a better life but are taking our children to the city to be service and sexual exploitation, covering soon forgotten due to the social stigma educated, but when they come back both indigenous and non-indigenous attached to victims of trafficking.181 they don’t know anything. Many girls areas reveal the difficulty in identifying are sexually abused and when they violations of the rights of girls and While trafficking affects many castes and become pregnant by the owner, they adolescents due to the practice of ethnic groups in Nepal, an assessment send them back to the community. employer-employee non-contractual, undertaken by the ILO found that those Some never return.” property-style labour relations which most at risk are members of the hill allows the former to “adopt” one or more ethnic groups and lower castes.182 It finds “Everyone knows that the owner’s of the latter’s children and assume that the scope of contemporary sons have their first sex with Guaraní responsibilities for raising them.191 Girls trafficking among indigenous girls may be girls.” typically work in such household settings traced to the historical relationship between the ages of 6 and 12 years old, marked by social and economic Source: UNPFII Mission Report, and like others in such settings are at risk exploitation as well as political exclusion 2009: 19 of diverse forms of abuse.192 between Hindu castes of Kathmandu and indigenous Tamang communities in In Guatemala, an estimated 65 per cent surrounding areas.183 Among girls who e Bolivia National Statistics Institute of domestic workers are indigenous girls are victims of trafficking, 28 per cent are and ILO/IPEC finds that participation and adolescents. Impoverished families Tamang.184 Additionally, roughly 70 per rates of males and female indigenous often send their young female members cent of persons trafficked from Nepal to children and adolescents in hazardous for employment as domestic labourers in India on an annual basis are girls under employment is more pronounced towns and cities, where they work an the age of 16 from ethnic minority compared to their non-indigenous average of 14 hours per day and are often groups such as Tamang, Gurung, Magar, counterparts in both urban and rural at the risk of physical abuse, and Sherpa, located in remote hill villages areas. Based on figures for the age group psychological abuse and sexual or impoverished border communities.185 of between 5-17 years it suggests that 29 harassment by employers and their per cent of male and 24 per cent of family members, a situation worsened ILO/IPEC finds that the steady decline in female children and adolescents of by the lack of commensurate child labour in Latin America is not indigenous background in urban areas remuneration and social security.193 UNICEF_BTS_3b_v3 5/24/13 9:29 AM Page 33

Breaking the Silence on Violence against Indigenous Girls, Adolescents and Young Women: A call to action based on an overview of existing evidence from Africa, Asia Pacific and Latin America 33

Table 4.2.4: Participation of children and adolescents in economic activities (%)

Area/Age group Boys Girls National

Non-indigenous Indigenous Total Non-indigenous Indigenous Total

BOLIVIA 28

Urban 16 29 18 14 24 16 17

Ages 5-13 10 20 12 9 17 11 11

5-8 4 11 5 4 9 5 5

9-11 13 16 14 11 20 13 13

12-13 20 40 23 19 21 20 21

Ages 14-17 32 41 34 25 35 28 31

14-15 27 33 28 23 37 27 28

16-17 37 47 40 28 33 29 34

Rural 54 82 67 46 79 62 65

Ages 5-13 46 78 61 42 75 58 60

5-8 30 64 44 30 63 44 44

9-11 61 86 74 55 81 68 71

12-13 70 88 80 50 86 70 76

Ages 14-17 74 93 83 59 90 75 79

14-15 81 96 89 58 85 71 80

16-17 69 89 78 60 94 79 79

Source: Organización Internacional del Trabajo, Instituto Nacional de Estadística de Bolivia. Magnitud y Características del Trabajo Infantil en Bolivia – Informe nacional, La Paz, 2010, p. 95. Table 6.1.

During his 2010 visit to the Republic of consequently having the right to the women and girls when working on the Congo, the Special Rapporteur on the labour and loyalty of those indigenous lands of dominant groups in Uganda.196 rights of indigenous peoples expressed people.”194 Situations of debt-bondage concern about the inequitable social between indigenous and non-indigenous Similar situations pertain in Namibia, arrangements between the Bantu majority populations have also emerged which have where the Working Group on Indigenous and indigenous peoples. Such resulted in the male and female children Populations/Communities of the African arrangements are relationships of of the former working long hours on the Commission on Human and Peoples’ domination and exploitation, in many farms of masters of their parents for low Rights learned of sexual abuse of instances amounting to forms of serfdom or no remuneration.195 Similarly, the indigenous girls in domestic work or involuntary servitude, noting that shadow report of the United Organisation settings for which there had been police “Bantu ‘masters’ may control a number of for Batwa Development in Uganda inaction even after the incidents had indigenous people, seeing themselves as (UOBDU) to the CEDAW Committee been reported. Recruitment for domestic ‘owning’ the members of particular details under-payment, forced labour, labour of San girls and adolescents by indigenous families from birth, and sexual and physical abuse of Batwa non-San families in Namibia is UNICEF_BTS_3b_v3 5/24/13 9:29 AM Page 34

Breaking the Silence on Violence against Indigenous Girls, Adolescents and Young Women: 34 A call to action based on an overview of existing evidence from Africa, Asia Pacific and Latin America

sometimes disguised as adoption, often against women, its causes and Box: 4.2.4: The impact of forced leading to trafficking to other parts of the consequences found that gender- displacement on girls and country.198 motivated killings emerging from such adolescents contexts of insecurity in the Latin 4.2.4 Gender-based violence America region was particularly critical Another very worrying situation is that in situations of armed for indigenous women and girls.203 of the forced displacement of violence, insecurity and indigenous communities in Colombia, communal conflicts Indigenous women and girls have been Guatemala, Mexico and Peru and the victims of gender-based violence in conflicts which cause them, leading General insecurity facing a country or conflicts in countries such as Colombia, to an exponential increase in levels of community may serve as a potential risk Guatemala, Mexico, Nicaragua and physical and sexual violence, mostly factor for violence, as it is often Peru.204 e Rapporteur on the rights of against adolescent girls and girl symptomatic of a breakdown of the rule women of the IACHR notes that the children. Such displacements bring of law and the systems established to situation of indigenous women and girls about family and community prevent and respond to violence. is particularly critical in the context of disintegration, which have harmful armed conflict, given that they are consequences in terms of access to is contributes to the loss of protections victims of multiple forms of health services, education and afforded to boys and girls who tend to get discrimination on the basis of race, age, housing, and for the well-being of caught in the web of adult conflicts. ethnicity and gender.205 During a visit to children and adolescents. UNICEF finds that the use of children in Colombia, the Rapporteur received armed conflict is widespread.199 Boys and complaints about the use of indigenous Source: United Nations Economic girls are forcibly recruited into combat as women and girls as ‘spoils of war’ by Commission for Latin America and young as 7 years old and are assigned armed actors and verified that they had the Caribbean, No more! The right of responsibilities which reflect societal often been victims of sexual violence women to live a life free of violence in values on gender roles. While boys are perpetrated by these groups. She also Latin America and the Caribbean, more directly involved in combat, girls found that armed groups occupying 2009, p. 66 serve as spies, medics, cooks, gardeners, indigenous lands “had kidnapped launderers and cleaners for combatants indigenous women, collectively used and are at risk of abuse by both adults them sexually and abandoned them with communities when infrastructural and children alike.200 In 2012, the Special impunity,” while young girls were forced developments take place on the ancestral Representative of the Secretary-General to perform domestic duties.(Box 4.2.4)206 lands of indigenous peoples without their for Children and Armed conflict reported ‘free, prior and informed consent’ and of several grave violations including Conflicts over ancestral lands have also adequate compensation. When such sexual violence, abduction and torture been a significant factor of insecurity processes are undertaken with the use of against girls in as many as 22 countries among indigenous peoples in Latin force due to resistance from such including indigenous populated countries America. In 2012, the Agrarian Affairs communities, the risk of violence against of Central African Republic, Colombia, Secretariat of Guatemala registered 1,293 girls, adolescents and young women India, Myanmar, Nepal, and the cases of land conflicts involving 1,059,873 increases. e Women, Law and Philippines.201 people, of whom 81 per cent were Development Asia Pacific Forum in 2008 indigenous and 66 per cent were on ending violence against indigenous concentrated in the Alta Verapaz, women – held in consultation with the ere are also implications for the wider Huehuetenango, Petén and Quiché United Nations Special Rapporteur on society. Latin America suffers from the departments. In the same year the Office violence against women, its causes and highest rate of armed violence in the of the High Commissioner for Human consequences and the United Nations world, accounting for 42 per cent of Rights (OHCHR)-Guatemala monitored Special Rapporteur on the rights of homicides globally. is is accentuated 39 social conflicts linked to land, indigenous peoples – assessed that forced by drug trafficking, youth violence, gangs extractive and/or monoculture projects, dispossession from ancestral lands leads and the increasing availability of small environmental threats and labour issues.207 to a number of actions and consequences arms and light weapons.202 A 2012 which potentially results in violence Expert Group Meeting of the United Section 3.3.5 noted the adverse against women and girls as demonstrated Nations Special Rapporteur on violence consequences on indigenous in Figure 4.2.4. UNICEF_BTS_3b_v3 5/24/13 9:29 AM Page 35

Breaking the Silence on Violence against Indigenous Girls, Adolescents and Young Women: A call to action based on an overview of existing evidence from Africa, Asia Pacific and Latin America 35

Figure 4.2.4: Forced dispossession from ancestral lands as a risk factor for violence

Forced dispossession, lack of free, prior and informed consent, respect for the customary and spiritual land tenure rights of indigenous peoples and lack of compensation

Militarization, insecurity, obstruction to and destruction of services, breakdown of law and order, land scarcity, tensions within and between communities

Sexual violence, killings, disappearances, displacement, forced migration

Source: Asia Pacific Forum on Women, Law and Development, ‘Defending the Rights of Indigenous Women in Asia Pacific Towards an Inclusive and Violence-free Future’, summary report, APWLD, New Delhi, 15-16 October 2008, p. 29

Primarily as a result of the expropriation Box 4.2.3.1: Accounts of In Africa, on which information is most of lands by both public and private gender-based violence in conflict scarce, Twa women and girls of the Great entities leading to such resistance from Lakes region have been and continue to indigenous communities over the last Gender-based violence has been be victims of war due to the on-going decade, many indigenous communities recurrently used in the armed conflict conflict in the Democratic Republic of in countries of the Asia Pacific region in Myanmar, where numerous cases the Congo and the absence of justice and such as Fiji, India, Myanmar, Nepal, of gang-rape, sexual enslavement remedies for those who were affected by ailand and Timor-Leste continue to and killing of tribal women by conflicts in Burundi and Rwanda.209 witness increased armed conflict, political members of the military have been instability and militarization. In a reported. Although some of these Situations of inter-communal and intra- number of these countries (e.g., Fiji, cases have been well documented, communal conflicts involving indigenous Myanmar, Papua New Guinea and the the military has routinely failed to communities in Africa appear much Philippines), research finds that rape is investigate these abuses. In the more documented. Such conflicts have used as a tool of war by armed groups to Chittagong Hill Tracts in Bangladesh, been common among and between the terrorize indigenous communities.208 many cases of rape of Jumma girls Pokot, Turkana, Marakwet and Samburu e United Nations Special Rapporteur and women by settlers backed by the of Kenya over issues such as diminishing on the rights of indigenous peoples military have been denounced, but in water resources for animal grazing and specifically documents evidence of many cases the investigation of these worsening climatic conditions leading to numerous cases of gang-rape, sexual cases is hampered by inaction on the competing access for land.210 Cross- enslavement and killing of tribal women part of the military and even of health border conflicts have also erupted and girls in a number of countries and professionals. In the Philippines, the between pastoralist communities located was concerned that these acts had not militarization of many indigenous along borderlands linking Kenya been investigated and prosecuted. areas has also resulted in the sexual (Turkana and Pokot), south Sudan (Box 4.2.3.1) abuse of women of local indigenous (Topsa) and Uganda (Karimojong).211 communities. Another source notes long standing and prevalent inter-clan and inter-ethnic Source: Special Rapporteur on the conflicts between the Gurgura and Issa rights of indigenous peoples, Report clans of the Erer district of the Somali on Asia, 2007. E/C.19/2007/CRP.11. region of Ethiopia for the same para 44 aforementioned reasons and resulting in UNICEF_BTS_3b_v3 5/24/13 9:29 AM Page 36

Breaking the Silence on Violence against Indigenous Girls, Adolescents and Young Women: 36 A call to action based on an overview of existing evidence from Africa, Asia Pacific and Latin America

similar consequences for women and noted to have impacts and risks that are girls.212 Identical contexts and situations comparable to armed groups as they have also emerged among the Tuareg, often evolve into ethnic conflict and Bororo, Wodaabe and the Toubou sometimes large-scale military pastoralists of Niger; the Basarwa of interventions that carry security risks for Botswana; the Bagyéli of Cameroon; the women and girls.215 A recent Twa of Burundi, Rwanda and Uganda; humanitarian mission of the Basulta and the Twa, Bongo and Mbendjele of Core Group found that women and girls the Congo.213 Previously dealt with of families involved are at high risk of through traditional dispute mechanisms, being kidnapped or taken hostage and such conflicts have assumed fatal often subsequently subjected to rape and dimensions for men, women and other forms of sexual violence in order to children, particularly within the context dishonour their families.216 Furthermore, of the proliferation of accessible small the Office for the Coordination of arms, high-powered and other assault Humanitarian Affairs finds that 50 rido- rifles in some of these areas.214 related incidents in 2011 resulted in the displacement of an estimated 10,000 In Mindanao of the Philippines, clan people, compared to 45 incidents that violence, locally known as rido, is also resulted in 6,000 displaced in 2010.217

© UNICEF / NYHQ2012-1469 / Marco Dormino UNICEF_BTS_3b_v3 5/24/13 9:29 AM Page 37

Section V Case studies from Kenya, 5.1 Introduction To provide more in-depth illustrations of specific forms of violence already the Philippines discussed, this section highlights one form of violence that is substantially well documented in Kenya, Guatemala and the Philippines and remedial and Guatemala actions being taken to address these concerns. The sub-sections which follow shed detailed light on harmful practices (FGM/C, child marriage and ‘beading’) affecting indigenous girls and adolescents in Kenya; violence against indigenous girls and young women in the post-conflict era of Guatemala; and the involvement of girls and adolescents in armed conflict in the Philippines.

5.2 Kenya: Harmful and 2008-2009 respectively show a practices affecting girls decline in the national prevalence of girls and adolescents and women aged 15-49 years who have undergone FGM/C in the country (38 Kenya is located in East Africa along per cent by 1998, 32 per cent by 2003 the Equator with a population of and 27 per cent by 2008-2009 approximately 38.6 million people. respectively).221 e most current data Fifty-one per cent are females and 44 per demonstrates a higher prevalence of the cent are 15 years or younger.218 e practice among rural groups (31 per country is comprised of more than 43 cent) than urban groups (17 per cent) different communities of diverse socio- and with regard to ethnicity, FGM/C is cultural traditions, norms and far more prevalent among the Somali (98 practices.219 Indigenous peoples in Kenya per cent), the Kisii (96 per cent), and the include pastoralist communities such as Maasai (73 per cent) and least common the Endorois, Borana, Gabra, Maasai, among the Luo and Luhya women.222 Pokot, Samburu, Turkana and Somali Coupled with this, the percentage of and hunter-gatherer communities whose women who have undergone FGM/C livelihoods remain connected to the declines steadily as wealth quintile forest, such as the Awer (Boni), Ogiek, increases.223 Sengwer and Yaaku.220 ere is also a strong association between While data on violence against education levels and those affected by the indigenous girls and women is generally practice: Fifty-four per cent of women limited, Kenya’s previous and current with no education report that they have DHS serve as opportunities for undergone FGM/C, compared with only understanding the current situation of 19 per cent of those with at least some FGM/C and early marriage among secondary education.224 e fact that indigenous girls and adolescents. data on districts inhabited by Maasai, Rendille and Samburu indigenous It is important to point out that while communities reveal high illiteracy levels FGM/C is significantly associated with suggests that large proportions have ethnicity, not all ethnic groups who either left or never attended school identify themselves as indigenous in (Table 5.2). Despite Kenya’s adoption of Kenya are documented to engage in the a policy on free primary education in practice. DHS data from 1998, 2003 2003, the CRC Committee expressed UNICEF_BTS_3b_v3 5/24/13 9:29 AM Page 38

Breaking the Silence on Violence against Indigenous Girls, Adolescents and Young Women: 38 A call to action based on an overview of existing evidence from Africa, Asia Pacific and Latin America

concern about low enrolment rates of Table 5.2: Literacy levels of males and females 15-49 years in selected districts girls belonging to remote pastoralist communities, largely due to cultural District Literacy levels (%) 2008/09 practices like child marriage, FGM/C Males Females and underlying and structural causes such as poverty and the absence of Samburu* 12.8 12.2 education opportunities that are adapted 225 to suit pastoralist life. Marsabit* 4.9 3.4

FGM/C and child marriage are Narok* 32.3 23.1 intertwined practices as the former typically signals a transition to Kiambu** 84.3 73.8 womanhood. Kenya’s State party reports to Nyeri** 78.7 73.3 the CRC and CEDAW Committees note that the latter remains a common practice Source: Kenya National Bureau of Statistics, Statistics obtained for the period 2008-2009 due to customary laws that allow the *Predominantly indigenous **predominantly non-indigenous marriage of girls as early as 12 years old, particularly after certain rites of passage polygynous marriage. Western, Nyanza, services such as education and health and such as FGM/C have taken place.226 e Rift Valley and Coast Provinces have affords protection from FGM/C, early DHS of Kenya also finds that, “marriage is proportions of women in polygynous marriage or “other cultural rites, customs generally associated with fertility because it marriages ranging between 15 and 23 or traditional practices that are likely to is correlated with exposure to risk of per cent.229 negatively affect the child’s life, health, conception. e duration of exposure to social welfare, dignity and physical or the risk of pregnancy depends primarily on Further research is needed to determine psychological development.” ese the age at which women first marry. the prevalence of the lesser-known but provisions are supported by the 2010 Women, who marry earlier, on average, harmful practice of ‘beading’ found National Policy on the Abandonment of have their first child earlier and give birth among the Samburu people involving the FGM/C and the recently enacted to more children, contributing to higher ‘engagement’ of girls as young as 9 years Prohibition of Female Genital Mutilation fertility rates.”227 by male relatives (morans).230 e practice Act (No. 32) of 2011. e latter is limited to sexual relations and is not criminalizes FGM/C and establishes the Although the proportion of women intended to lead to marriage since the Anti-Female Genital Mutilation Board to marrying by age 15 declines with age, would-be proposer and the girl are of facilitate the implementation of the law. (from over 10 per cent among women blood relations. After the moran endows aged 45-49 years old to less than 2 per her with beads to signal his interest, the Furthermore, Kenyan courts are cent among girls and women aged girl’s mother builds a hut for the couple harnessing judicial precedence to 15-19), those located in three to consummate and sustain the challenge customary practices which predominantly indigenous provinces relationship. Given that it is not a impede the advancement of women and (North Eastern, Rift Valley and Coast) marriage, pregnancy resulting from the girls. Although unrelated to FGM/C and as well as two predominantly non- process of beading is not permitted. early marriage, the Maasai case of the indigenous provinces (Nyanza and Contraceptive use, however, is not Matter of the Estate of Lorionka Ole Ntutu Western) generally enter into marriage allowed to prevent pregnancy, leading to (deceased) ruled in favour of Maasai earlier than women in Nairobi, Central unsafe abortions and the birth of women and girls, holding that they have and Eastern Provinces. e difference in children who are considered outcasts.231 equal rights as brothers to inherit the median age at marriage between North estate of their fathers. is ruling serves to Eastern and Nairobi provinces is six Opportunities are nevertheless presented demonstrate that a progressive judicial years (18 and 24 years, respectively).228 by Kenya’s elaborate and on-going system can set the stage for reversing e same data also shows that girls and legislative reform initiatives to address practices which are harmful and women aged 15-49 with no or low harmful practices. e Children’s Act discriminatory against women and girls.232 education, those who are the poorest, (Act 8) of 2001 proscribes discrimination and those who live in the North Eastern on the basis of factors such as sex, tribe Province are most likely to live in a and location; guarantees access to social UNICEF_BTS_3b_v3 5/24/13 9:29 AM Page 39

Breaking the Silence on Violence against Indigenous Girls, Adolescents and Young Women: A call to action based on an overview of existing evidence from Africa, Asia Pacific and Latin America 39

5.3 Guatemala: Violence (Chiquimula, Jalapa, Petén, Retalhuleu, violence and kidnapping of women and against indigenous girls, Sacatepéquez and San Marcos) and girls over 12 years old as long as the adolescents and young another six of up to 25 per cent perpetrator subsequently married the women in a post-conflict (El Progreso, Escuintla, Izabal, Jutiapa, victim.241 In 2009 the law was repealed to era Santa Rosa and Zacapa).235 provide for the penalization of sexual intercourse with a child younger than Guatemala is in a period of social, In its first cycle report to the UPR, the 14 years, thus reflecting only a minor economic and political transition after Government of Guatemala observed that improvement in the law. over three decades of armed conflict. By “some of the most sensitive problems 2011, it had an estimated population of faced by the State of Guatemala are Recent data show that indigenous girls, 14.6 million and a high youth bulge related to the task of ensuring that adolescents and women feel unsafe and (Table 5.3).233 Official records suggest human rights are guaranteed, respected, live in fear of violence. A 2011 National that 40 per cent of the population is defended and protected.”236 Persisting Survey of Living Conditions, which indigenous, although this is contested by violence and impunity referred to in the included two departments with high indigenous peoples who contend that government’s statement is traced to the indigenous populations (Totonicapán and more than 60 per cent of Guatemala´s 36 years of armed conflict during which Chimaltenango) and the department of inhabitants are indigenous. Indigenous indigenous women and girls were victims Guatemala, reveals that females are less ethnic groups include the Achi’, Akateco, of various forms of violence.237 e likely than males to view their Awakateco, Chalchiteco, Ch’orti’, Chuj, Commission for Historical Clarification communities as safe due to factors such as Itza’, Ixil, Jacalteco, Kaqchikel, K’iche’, finds that 88 per cent of those affected gang culture and high rates of kidnapping Mam, Mopan, Poqomam, Poqomchi’, were Mayan women and girls who were and murders. e survey also showed that Q’anjob’al, Q’eqchi’, Sakapulteco, systematically targeted for gender-based both male and female youth view Sipakapense, Tektiteko, Tz’utujil, violence, particularly femicide (two girls domestic violence as a matter of serious Uspanteko, Xinka and Garífuna.234 killed for every one boy) and rape as part concern and regard their limited access to of the counter-insurgency strategy.238 education, employment and information Administratively, the country is divided as underlying causes of violence. (Figures into 22 departments (including the erefore, while most indigenous girls and 5.3 and 5.3.1 - both overleaf) capital, Guatemala) of which four young women were born following the departments have indigenous conflict, they continue to live its legacy.239 In 2011, 705 of femicide alone were populations of more than 75 per cent A general climate of impunity and new reported to the Presidential Commission (Alta Verapaz, Qyiche’, Sololá and forms of violence such as organized crime on Femicide.242 Bodies of victims were Totonicapán), five have indigenous and criminal gangs serve to perpetuate a found to show signs of mutilation and populations above 50 per cent tolerance of violence which discourage sexual violence and were dumped in public (Baja Verapaz, Chimaltenango, victims from seeking protection and areas, to promote fear and insecurity Huehuetenango, Quetzaltenango and redress.240 Article 200 of the Penal Code, within communities.243 Still, by 2012 the Suchitepéquez); six have indigenous then in place by the end of the conflict, OHCHR found that only 150 sentences populations of between 25 to 50 per cent granted immunity to perpetrators of sexual were issued out of 424 cases of gender- based violence filed by women and girls.244

Table 5.3: Demographic profile of Guatemala by indigenous background, e Commission for Historical age (15-49 years) and sex Clarification and the United Nations Special Rapporteur on the rights of Population group (%) Males Females Total indigenous peoples suggest that inequitable social, economic and political Indigenous 39.3 39.2 39.2 relations deeply rooted in the colonial and 0-6 years 18.4 16.1 17.2 post-colonial state structure and policies continue to have an enormous influence 13-17 years 12.8 12.2 12.5 on the existing culture of violence and impunity. Consistent with the ecological 15-24 years 20.7 21.1 20.9 model, they observe the following four Source: INE, ENCOVI 2011 adjusted PNUD levels of discrimination in Guatemala:245 UNICEF_BTS_3b_v3 5/24/13 9:29 AM Page 40

Breaking the Silence on Violence against Indigenous Girls, Adolescents and Young Women: 40 A call to action based on an overview of existing evidence from Africa, Asia Pacific and Latin America

Figure 5.3: Is your community safe? impunity and lack of access to justice. Its Guatemala, Chimaltenango and Totonicapán perceptions comprehensive agreement on human rights commits to ending de facto and de jure discrimination, strengthening 100% YES national human rights institutions and 80% NO the promotion of fundamental human 60% rights including multiple forms of 246 40% discrimination facing women and girls. A Tribunal of Conscience established in 20% 2010 by a group of civil society 0% organizations and other interest groups, Guatemala Guatemala Chimaltenango Chimaltenango Totonicapán Totonicapán has contributed to raising awareness on Male Female Male Female Male Female the persistent nature of femicide against indigenous girls and young women Source: Encuesta Nacional de Condiciones de Vida (ENCOVI), 2011. www.ine.gob.gt following the civil war.247 Figure 5.3.1: Reasons for insecurity inside the communities: Guatemala, Chimaltenango and Totonicapán perceptions. In more recent times, steps have been taken by the government to undertake reforms which address questions of impunity and limited access to justice by 100% Guatemala Male indigenous women and girls. ey include Guatemala accession to the Rome Statute of the Female 50% International Criminal Court, the Chimaltenango enactment of the Act on Femicide and Male Other Forms of Violence against Women 0% Chimaltenango and the Act against Sexual Violence, Female Exploitation and Trafficking in Persons.248 Gangs Drugs Other Totonicapán Lynching Murders Male ese have been coupled with the launch It is not safe of constitutional proposals for the Totonicapán Female restructuring of the justice and security systems, human rights institutions such as Kidnapping and extortion the Office of the Human Rights Source: Encuesta Nacional de Condiciones de Vida (ENCOVI), 2011. www.ine.gob.gt Ombudsman, improved co-ordination between enforcement agencies and the creation of specialized tribunals against 1. Legal discrimination: Delays in legal administration of justice, public and femicide in the departments of matters and the absence of laws to private investment, basic Guatemala, Chiquimula, Quetzaltenango, secure the full enjoyment by the infrastructure and other services; and Huehuetenango and Alta Verapaz.249 indigenous peoples of all their human 4. Structural discrimination: Exclusion rights; from access to the economic, political 2. Interpersonal discrimination: and institutional resources needed in Attitudes of rejection and exclusion order to live on an equal footing with of indigenous peoples in ways the remainder of the population. affecting girls and women, especially when they wear traditional ese profound challenges affect the indigenous clothing in public spaces; ability of indigenous girls and women to 3. Institutional discrimination: Bias live free of discrimination and violence. against indigenous peoples in the Among other initiatives (see Section VI), distribution of public expenditure Guatemala’s 1996 Peace Agreement and collective goods such as provides a useful framework for educational and health facilities, the addressing issues of discrimination, UNICEF_BTS_3b_v3 5/24/13 9:29 AM Page 41

Breaking the Silence on Violence against Indigenous Girls, Adolescents and Young Women: A call to action based on an overview of existing evidence from Africa, Asia Pacific and Latin America 41

5.4 The Philippines: Girls and adolescents associated with armed forces and armed groups in Mindanao

e Philippines is an archipelago made up of three major island groups: Luzon, forming the bulk of the northern islands and the location of the capital region; the Visayas group, situated in the central part of the country and; Mindanao, comprising the southern group. e country is divided into 17 regions (already described in Section 4.2.1) made up of decentralized provinces, followed by municipalities and barangays, the latter defined as the smallest units of local government.250 e population of © UN Trust Fund to End Violence against Women / Kara Marnell indigenous peoples comprises between 10 to 15 per cent of the total population the centralization of power, increasing country task forces on monitoring and or about 11.3 million people from 110 number of Christian settlers, and logging reporting documented 26 incidents ethno linguistic groups in more than 50 and mining activities. Conflicts have involving 33 male and 21 females of the country’s 81 provinces. Of the involved the Moro National Liberation between the ages of 10 and 18 years country’s estimated 12 million Front (MNLF), the Moro Islamic (Table 5.4). indigenous peoples, approximately Liberation Front (MILF), the 5.1 million are 18 years or younger.251 Bangsamoro Islamic Freedom Movement Many of these incidents occurred in (BIFM), the Abu Sayyaf Group (a indigenous areas, including two schools Many indigenous peoples in the breakaway faction of the MILF), the especially built for the Manobo tribe of Muslim-majority areas of central and New People’s Army and the Armed Mindanao: the Alternative Learning south-western Mindanao live against a Forces of the Philippines among Center for Agriculture and Livelihood backdrop of conflict and violence that others.252 Development and the Tribal Filipino affect children and young people’s lives Program of Surigao del Sur.254 Maiming and increased insecurity in places they e Special Representative of the and killings are also linked to continued should consider safe. While women and Secretary-General on Children in Armed explosions, shootings, explosive remnants girls in the region are negatively Conflict found an increase in the of war and improvised explosive device impacted by both localized and larger recorded number of cases of recruitment attacks. In 2011, 44 incidents of killing scale conflicts, this sub-section focuses on and use of children by armed groups in and maiming of children were reported. the latter. ese instances of violence 2011 (54 children) compared with 2010 Twenty-six children (16 boys and 10 have emerged from concerns related to (24 children).253 For that year, the girls) were reportedly killed, and

Table 5.4: Reports of grave violations against children in armed conflict (2012) by sex

Sex Verified recruitment and use of Killing and maiming of children Abductions Rape and other children by armed forces and (between ages 10 and 17) (between ages 4 and 17) sexual violence armed groups

Boys 33 37 12 N/A

Girls 21 30 8 N/A

Source: United Nations General Assembly, Children and Armed Conflict: Report of the Secretary-General, 26 April 2012, A/66/782–S/2012/261 UNICEF_BTS_3b_v3 5/24/13 9:29 AM Page 42

Breaking the Silence on Violence against Indigenous Girls, Adolescents and Young Women: 42 A call to action based on an overview of existing evidence from Africa, Asia Pacific and Latin America

41 children (21 boys and 20 girls) were medical work or food preparation, while In addition to the monitoring and maimed.255 In the same year, 12 boys and boys are assigned “traditional soldiering reporting mechanism obligation 8 girls aged between 4 and 17 were roles” such as foot patrolling, guarding, established by Security Council victims of abduction; some assuming a protecting camps and radio and Resolution 1612, the Philippines has pattern of kidnap-for-ransom to finance communications.261 Nevertheless, the enacted the Special Protection of armed groups.256 same source notes that girls are also given Children against Abuse, Exploitation and military training and taught the basics of Discrimination Act (Republic Act No. Previous reports of human rights handling guns – from short arms to more 7610 of 1992), which punishes the violations against women and children in powerful weapons, including firearms recruitment of children (including the Philippines in settings characterized like the AK-47 or M-16.262 punishing children themselves), by militarization included cases of rape, facilitates agreements with armed groups sexual harassment and situations of girls In 2009, UNICEF signed an action plan to enhance the protection of children being forced to serve as ‘comfort women’ with MILF with respect to the affected by armed conflict and creates a in military camps.257 A specific case in recruitment and use of children in the monitoring, reporting and response 2008 involved the gang rape and Mindanao armed conflict. In addition to system for grave child rights violations in subsequent settlement of two indigenous an affirmation of the policy of non- situations of armed conflict.266 e girls, aged 13 and 14 years by soldiers, recruitment of children, the central CRC Committee observed gaps in while on their way to school in the commitment of the agreement focused implementation of these measures and village of Malapatan in the Sarangani on the release and reintegration of consequently, has called for enhancing Province of Mindanao.258 enlisted children.263 In 2010, the the data collection system on children in Australian Agency for International armed conflict through improvements in ese findings are largely consistent with Development entered into a two-year capacities of agencies such as the a 2002 assessment conducted by the ILO funding agreement with UNICEF to Council for the Welfare of Children of 85 children (including 20 per cent promote and implement a family tracing and the Presidential Human Rights girls) associated with armed groups in and reunification education programme Committee.267 e government has also central and western Mindanao.259 e for children who had been registered initiated steps through a draft bill to study indicated that on average, children under the action plan.264 A recently review Act 7610 to ensure that children were initiated into soldiering duties completed evaluation of this component are not prosecuted for having been between 11 and 14 years of age.260 e has pointed to the need for the project to recruited or used in hostilities.268 “pull” to join the armed rebel group was pay closer attention to the needs of girls, primarily voluntary although as the vast majority of beneficiaries of the encouragement by family members, project were boys.265 rebel, and community leaders or a felt obligation to perform jihad were also important factors.

According to the ILO assessment, most children associated with armed forces or armed groups in the region come from the Maguindanaon and Iranun indigenous groups. Within these communities, girls are socialized from a young age to undertake domestic chores and other nurturing tasks such as para- UNICEF_BTS_3b_v3 5/24/13 9:29 AM Page 43

Section VI Overview of on-going 6.1 Introduction A discussion of interventions to address violence against indigenous girls national-level and women cannot be disconnected from broader interventions taking place. Prevention, protection, and response measures addressing initiatives of violence against indigenous girls and young women may be broadly classified into those which are targeted at (a) women and children more relevance to broadly; (b) indigenous communities and (c) indigenous girls, adolescents address and young women specifically. violence e effectiveness and challenges of e capacities of national authorities to against implementing these measures – implement legislation and policies in a particularly in relation to their impact on coordinated manner are also improving. indigenous indigenous girls and women – are A number of countries have established difficult to assess in the absence of special police units to investigate gender- girls, evaluations. Small-scale reviews of such based violence and ensure gender-sensitive initiatives however demonstrate that they response to such violence. Many more adolescents are beset by severe human and financial countries are also investing in resource gaps, poor coordination and comprehensive support services, including and young lack of effectiveness due to persistent the creation of shelters, counselling patriarchal views of females and an services, reporting mechanisms (such as women and the insufficient amount of political will to helplines, legal and paralegal services) and bring promising initiatives to scale.269 health services. Furthermore, parallel challenges of efforts are being undertaken by 6.2 General progress governments and civil society to ensure implementation that violence and exploitation of women At the national level, countries continue and girls are prevented in the first place to undertake legal, policy and through various awareness-raising and institutional reforms to strengthen the information initiatives that aim to build protection of girls and women from community capacities to “break the different forms of violence. In the past silence” around violence. decade, many countries have enacted legislation designed to protect women 6.2.1 Legal reforms and children – including those of and protections indigenous background – from violence and exploitation. For example, more than Some countries enhance protections for 80 per cent of countries have full or indigenous girls and women through partial legal prohibition on violence explicit constitutional references to against children, and more than 90 per indigenous peoples and violence. e cent have prohibited sexual exploitation scope and character of such provisions vary of children (including prostitution) and when viewed from the experiences of some instituted legal measures to prohibit the countries such as Bolivia (Plurinational sale or trafficking in children.270 State of), Guatemala, Kenya, Nepal and Moreover, 33 countries have prohibited the Philippines, which contain relevant corporal punishment of children in all provisions for addressing the rights of settings, such as the home, schools and indigenous peoples, gender equality and penal institutions.271 violence against women and girls. UNICEF_BTS_3b_v3 5/24/13 9:29 AM Page 44

Breaking the Silence on Violence against Indigenous Girls, Adolescents and Young Women: 44 A call to action based on an overview of existing evidence from Africa, Asia Pacific and Latin America

e 2010 Constitution of Kenya, for Comprehensive Peace Accord concluded debt servitude and sexual harassment.276 instance, progressively abolishes between the Government of Nepal and Yet still the post-UNDRIP Congo law of customary laws and upholds the principle the Communist Party of Nepal (Maoist) 2011on the promotion and protection of of non-discrimination, guarantees and prohibits all forms of gender-based indigenous peoples’ rights officially protection from violence whether “from violence, exploitation of women and acknowledges indigenous peoples on the private or public sources,” and proscribes children and addresses discrimination basis of self-identification and extreme slavery and forced labour.272 Indigenous based on language, gender and culture vulnerability. It prohibits any form of communities are also identified on the among others.275 discrimination against indigenous basis of marginalization, geographic peoples, protects their land rights and isolation and their occupations as hunter- Despite countries such as Bolivia includes provisions to protect women gatherers and pastoralists.273 (Plurinational State of), Nepal and the and girls from all forms violence, Philippines passing specific laws on the exploitation and abuse.277 e 2009 Plurinational Constitution of protection of indigenous peoples prior to Bolivia is built upon its recognition of the coming into being of the UNDRIP, 6.2.2 Challenges in the country’s indigenous peoples and many of their provisions are consistent implementation peasants and their right to self- with the declaration’s letter and spirit. determination and non-discrimination. e Indigenous Peoples Rights Act (No While these legal interventions represent Article 15 specifically guarantees its 8371, 1997) of the Philippines significant steps forward in the citizens, especially women and girls, a established the National Commission on protection of indigenous peoples, life free from all forms of violence: Indigenous Peoples (NCIP) as the concerns have been expressed about their psychological, physical and sexual. It also government agency responsible for the effectiveness due to limited condemns serfdom, trafficking, gender- formulation and implementation of implementation.278 e United Nations related violence and inter-generational policies and programmes for indigenous Special Rapporteur on the right to violence.274 Similarly, the Nepalese peoples, with special attention to health, for example, found that constitutional provisions includes the protection from bonded labour, forms of Guatemala’s constitutional guarantees on the right to health were not being realized for indigenous peoples due to factors such as the over-concentration of health services in urban areas, insufficient funding, substantial language barriers and the lack of a comprehensive policy or national implementation plan for the health care of indigenous peoples.279

Reinforcing the importance of land in the holistic development of indigenous children, the CRC Committee has been concerned at the lack of implementation of Cambodia’s Law on Expropriation (2010) and the Circular on Temporary Settlements (2010), which the Committee cited as resulting in land dispossession and displacement of indigenous families and their children.280

e effectiveness of laws protecting women and girls against femicide in Latin America has been undermined by uncertainties surrounding its definition and scope, weak application, a culture of © UNICEF / NYHQ2007-2656 / Giacomo Pirozzi impunity and lack of due diligence on UNICEF_BTS_3b_v3 5/24/13 9:29 AM Page 45

Breaking the Silence on Violence against Indigenous Girls, Adolescents and Young Women: A call to action based on an overview of existing evidence from Africa, Asia Pacific and Latin America 45

the part of the State.281 Furthermore, a relocated from the Presidential Human Human Rights and Equality recent comprehensive review of Rights Commission to the office of the Commission into two separate legislation affecting children and Presidency of the Republic, resulting in an commissions – a Human Rights adolescents in the region points to the increase in its budgetary allocation by Commission and a Gender Equality and lack of full compliance with the more than 100 per cent between 2004 Development Commission – would principles, provisions of relevant and 2007 and an expansion of its services result in an overlap of mandates.290 conventions and the inadequate to areas with large indigenous knowledge base pertaining to violence populations.287 Additionally, as part of its In the Philippines, the Magna Carta of and exploitation.282 training activities, DEMI is running a Women (Republic Act No. 9710 of diploma course on the rights and 2009) provides for the establishment of As a case in point, the CRC Committee citizenship of indigenous women in 12 violence against women’s desks in every found inconsistencies in references to the regional branches. It includes a module on barangay to ensure that violence against protection of women and girls against human rights more broadly and women’s women cases are fully addressed in a violence in the Plurinational State of rights more specifically and provides gender-responsive manner.” As of Bolivia’s national and indigenous information on available support December 2011 however, only 27,705 customary law, as well as its international mechanisms and complaints out of the 42,025 barangays (or 66 per treaty obligations.283 For example, gaps procedures.289 cent) had done so.291 Tight budgets and are noticeable in Law 1674 on Family or the lack of systematic training of police Domestic Violence and Law 2033 on the Guatemala’s feedback session to the first officers, social workers, prosecutors and Protection of Victims of Sexual Violence, cycle UPR Working Group (2008) and a other governmental personnel are cited as which promotes reconciliation in the visit by the United Nations High reasons for gaps in enforcement of the name of family honour and places less Commissioner for Human Rights in law in poor and hard-to-reach emphasis on prosecution.284 2012 highlighted that inadequate barangays.292 financial and human resources and 6.3 Institutional capacities, limited co-ordination between rough the National Statistical frameworks agencies and the lack of political leverage Coordination Board, the Government of posed challenges to the discharge of these the Philippines is also promoting the As the primary duty bearer of obligations mandates.288 generation of statistics on violence against contained under global and regional women and children and in this instruments and national laws, the State In Kenya, the creation of the Anti- connection it has produced a number of and its institutions are responsible for Female Genital Mutilation Board to related resources such as (1) a glossary of ensuring that indigenous peoples’ rights facilitate the implementation of the concepts to promote a common are fulfilled, respected and protected, Prohibition of Female Genital Mutilation understanding and interpretation of including from all forms of violence. Act (No. 32) of 2011 presents a unique statistics on the issues; (2) a statistical opportunity to reflect the views of handbook containing data on the Guatemala has invested in an elaborate indigenous communities in the design prevalence of violence against women and institutional framework that specifically and implementation of anti-FGM/C children; (3) a statistical methodology to aims to ensure this in relation to interventions. e board’s effectiveness is generate statistics; (4) and an assessment indigenous women and girls. ese also dependent upon that of other of existing administrative reporting institutions include the Presidential national institutions with broader systems, which provides a basis for Secretariat for Women; the National mandates for the promotion of gender integrating efforts among concerned Commission for the Prevention of equality and human rights. In recent agencies to ensure the generation of data Domestic Violence; the National times, the CEDAW Committee observed on a regular basis.293 While these steps Commission for Children and Young that insufficient human and financial have proved useful in the analysis of data Persons; the National Commission for resources allocated to the Kenya national by ethnicity, sex, age and location, Migrants; the Office of the Ombudsman machinery for the advancement of particularly in relation to the Philippines for Indigenous Women; Defensoria de la women was hindering the effective DHS, its wider impact remains to be seen Mujer Indigena (DEMI); and the discharge of its mandate, including co- across other aspects of data collection, Guatemalan Fund for Indigenous ordination efforts between different particularly at the level of administrative Development.285 Within the framework of institutions.289 It was equally concerned data (e.g., police and social welfare) and institutional reforms, in 2007 DEMI was that the restructuring of the National other household surveys. UNICEF_BTS_3b_v3 5/24/13 9:29 AM Page 46

Breaking the Silence on Violence against Indigenous Girls, Adolescents and Young Women: 46 A call to action based on an overview of existing evidence from Africa, Asia Pacific and Latin America

6.4 Efforts to category, compared to 35 per cent and Grassroots efforts at keeping girls in prevent violence 18 per cent of the total population of school are gaining visibility in Kenya. women and men, respectively.296 In the e Maasai Girls Education Fund awards 6.4.1 Introduction Philippines, ARMM and CAR have the scholarships to Maasai girls and engages lowest percentage of girls and women in community sensitization on the Violence prevention requires the aged 15-49 who are exposed to three dangers of harmful practices such as changing of attitudes, challenging types of media (newspapers, television child marriage and FGM/C.299 Similarly stereotypes and building the capacities of and radio) on a weekly basis (7 per cent the Tasaru Ntomonok (meaning ‘rescue communities to appreciate the adverse and 17 per cent, respectively), compared the women’ in the local Maa language) consequences of violence against women to 24 per cent of the total population.297 initiative, based in the southern Rift and girls. It also requires women and Such limited access to the media Valley was formed with the support of girls to be empowered socially, potentially hamper efforts at reaching out UNFPA to provide a ‘safe house’ for girls economically and politically to overcome to indigenous communities on issues seeking refuge from FGM/C and child their subordinate position in society.294 affecting the rights of girls, adolescents marriage and seeks long-term solutions Prevention strategies are broad and can and young women and needs to be by reconciling girls with their families.300 include advocacy and community addressed as an integral part of violence mobilization, working with men and prevention. In Guatemala, decentralized scholarship boys, using media and information schemes have been put in place by the technology, life skills training, enhancing 6.4.2 Examples of government in support of rural access to birth registration, formal prevention interventions indigenous girls and others in similar education and capacity-building situations with the aim of increasing interventions many of which have Community mobilization efforts to their primary school retention and pass extended to indigenous communities.295 eliminate FGM/C among the Embera rates as seen from Table 6.4.2 which people of Colombia serve as an example demonstrates an average of just under Although the role of the media cannot be of preventive action. e process has 90 per cent coverage in five departments. under-estimated in prevention initiatives, involved community ‘dialogue and a number of DHS data point to the reflections’ around the origins, meaning e Abriendo Oportunidades based in limited access that indigenous women and consequences of the practice, Guatemala and initiated by the generally have to this opportunity. For sustained through the involvement of Population Council in partnership with example, Scheduled Tribe Indian females men, boys, local authorities, the media UNFPA is established on an and males aged 15-49 are the least likely and culturally appropriate messages empowerment model which encompasses to be regularly exposed to the media. which promote understanding, rather peer-education, the creation of safe Fifty-seven per cent of women and than condemnation of the need to spaces, and networking within reach of 38 per cent of men fall within this eliminate the practice.298 seven Mayan ethnic groups (Kiche’, Kaqchikel, Tzutuhil, Mam, Q’eqchi’, Table 6.4.2: Scholarships awarded by the rural girls scholarship programme Poqomchi’ and Chorti). It has to date engaged more than 40 rural communities Department Population Enrolled Net Coverage in six geographic regions of Guatemala (7-12 years) (7-12 years) Rate (%) and supported more than 3,500 indigenous girls aged 8–18.301 e Alta Verapaz 166,284 125,944 76 program’s approach is achieving transformative and sustainable change Huehuetenango 173,320 150,992 87 through these growing social support

Quiche 142,578 125,125 88 networks and the commitment by beneficiaries to serve as models to other Peten 83,696 78,406 94 girls and adolescents in their communities.302 San Marcos 156,518 153,079 98 With previous support from the United Total 722,396 633,546 89 Nations Trust Fund to End Violence Source: Ministry of Education August 2007 and CEDAW/C/GUA/7, Table 40 against Women, the Centro de Promoción UNICEF_BTS_3b_v3 5/24/13 9:29 AM Page 47

Breaking the Silence on Violence against Indigenous Girls, Adolescents and Young Women: A call to action based on an overview of existing evidence from Africa, Asia Pacific and Latin America 47

de la Mujer Gregoria Apaza based in the people in the most remote parts of Peru’s 6.5.2 Access to justice Plurinational State of Bolivia, engaged in Loreto region.305 and legal services legal awareness and life skills development targeted at adolescents and 6.5 Efforts to protect ECLAC uses the term ‘institutional young women to decrease the incidence and support women violence’ to describe situations in which of violence. Specific efforts to target male and girls who have victims are denied the protection of the adolescents and youth in the process experienced violence State due to the “blanket of impunity.”311 resulted in more inclusive and sustainable In Section 4.2.4, the point was made results due to opportunities to take into 6.5.1 Introduction that the term femicide evolved from the account the perspectives of both males persistent and regular killings of women and females. Between 2002 and 2005 – To ensure that women and girls who are and girls in this broader context of the years the organization was supported victims of violence are granted adequate insecurity in the Latin America region. by the Trust Fund – the intervention had protection and justice, it is critical that It is complemented by a corollary term, reached an estimated 2,000 adolescents systems are put into place to facilitate feminicidio, which connotes a culture of and youth of whom 30 per cent were reporting to the formal criminal justice impunity rooted in the lack of due males.303 system and other reporting mechanisms.306 diligence to address the structural barriers to justice and due process.312 e Asia Indigenous Peoples Pact However, evidence from the Philippines e experiences in countries such as Foundation has received support from and India show that the tendency to Bolivia (Plurinational State of), the United Nations Trust Fund to End report or seek help in situations of Colombia, Guatemala and Mexico Violence against Women for the period violence is less in communities with a demonstrate that language and economic 2009-2013, to build a pool of high percentage of indigenous peoples. In barriers, geographic remoteness of committed local indigenous women the case of the Philippines, the ARMM indigenous territories, patriarchal and leaders in at least 60 communities in scores lowest in terms of girls and women discriminatory attitudes of law India, Nepal and the Philippines. e aged 15-49 who seek help to stop violence enforcement and justice officials, aim was to have indigenous female (5 per cent), compared to the national together with insufficient knowledge of leaders engaged in advocacy and total of 18 per cent.307 Similarly, existing applicable legislation, are among community mobilization to reform local Scheduled Tribe girls and women of the the factors that reinforce a system of legislation and customary law to pave the same age group are among those least indifference and discourage victims from way for ending violence and likely to seek such help in India.308 is is pursuing cases.313 transformation of the dowry system. corroborated by 59 per cent of Scheduled Some of the strategies used included Tribe girls and women aged 15-49 who e Rapporteur on the rights of women networking and alliance building with agree that a husband is justified in hitting of the IACHR finds that the response of traditional leaders, faith-based leaders or beating his wife for specific reasons, the justice system to cases involving and other influential community compared to 54 per cent of the total violence in the Americas is “deficient and members to ensure the project’s success population.309 ese experiences hardly on par with the severity and and sustainability.304 demonstrate the importance of ensuring incidence of the problem.”315 She that reporting and complaints highlights gaps, irregularities and With the aim of increasing birth mechanisms, such as helplines, are well deficiencies in investigation, prosecution, registration coverage in indigenous publicized and made easily accessible to trial and punishment of such cases, communities in Peru, UNICEF is also indigenous girls and women in their own attributing them to the failure of due supporting the government and local languages and communities. But diligence and due process and communities to address the practice of nevertheless, appropriate support should acknowledges that obstacles are even denying indigenous names by the civil be forthcoming to victims of violence, more challenging for indigenous registry. In 2002 the government agreed regardless of whether or not they unable women.316 e IACHR finds that to designate indigenous civil servants in to or prevented from reporting it.310 although the Code of Criminal several communities in the northern Procedure (Law No. 1970, 1999) of the Amazon forest to register children with e sub-sections which follow outline Plurinational State of Bolivia provides the goal of addressing this issue. the various forms of response measures in special guarantees to indigenous peoples UNICEF has furthermore created a place for victims of violence and the when accessing the judicial system, its network of civil registries for indigenous accompanying challenges and gaps. effectiveness tends to be challenged by UNICEF_BTS_3b_v3 5/24/13 9:29 AM Page 48

Breaking the Silence on Violence against Indigenous Girls, Adolescents and Young Women: 48 A call to action based on an overview of existing evidence from Africa, Asia Pacific and Latin America

the lack of training of enforcement centres to respond to violence against and the fear of prejudice and bias.320 officials and the absence of translators.317 women.318 Forty-seven per cent of 95 Batwa women and girls interviewed in a 2010 Some Latin American countries are In Namibia, implementation of the Minority Rights Group International nevertheless demonstrating support for Combating of Domestic Violence Act survey similarly indicated that setbacks justice reforms. A recent review of (2003) is hampered by concerns among such as cumbersome reporting multi-sectoral services and responses for indigenous women that reporting procedures within the justice system, women and girls indicated that the incidents to the police would result in corruption and limited geographical Government of Mexico works with police violence against their San access to police stations prevented them justice professionals to improve access to husbands who also encounter from reporting violence.321 An justice for indigenous women, including discrimination in the security and additional 29 per cent were concerned the certification of interpreters in justice sectors due to their ethnic about being guaranteed confidentiality indigenous languages and the background.319 During its mission to when reporting incidents of violence.322 establishment of specialized centres and Gabon, the Working Group on Recent findings also indicate that access mobile services. Similarly, the Indigenous Populations/Communities to justice and police protection for Government of Argentina’s free legal of the ACHPR found that indigenous indigenous peoples in the Republic of advice service extends to indigenous women and girls who had been sexually Congo, is often circumvented, women and other vulnerable groups in abused were not accessing the justice particularly when the offender belongs remote areas through mobile outreach system due to the lack of awareness of to the dominant non-indigenous services, while the Government of their rights, cumbersome legal group.323 Paraguay has established four regional procedures, the cost of accessing justice

© UNICEF / NYHQ2010-2084 / Susan Markisz UNICEF_BTS_3b_v3 5/24/13 9:29 AM Page 49

Breaking the Silence on Violence against Indigenous Girls, Adolescents and Young Women: A call to action based on an overview of existing evidence from Africa, Asia Pacific and Latin America 49

Similar concerns have emerged with respect to access to justice to children affected by armed conflict in the Philippines where the prevailing climate of impunity, insecurity, corruption and lack of accountability and the absence of witness protection have led to lack of trust in the security and justice systems.324

6.5.3 Care and support

Studies show that efforts at addressing child trafficking in the Asia Pacific tend to be ineffective and unsustainable due to fragmented approaches that are not tailored to suit the needs of specific groups of children, such as those who are 325 indigenous. Moreover, a desk review © UN Trust Fund to End Violence against Women / Kara Marnell undertaken on sexual violence in the much broader geographical area of Latin America and the Caribbean points to addition to a full-time 24-hour service between formal judicial authorities and barriers such as the lack of basic unit of the Public Prosecution Service.328 traditional indigenous authorities in the infrastructure; discriminatory, patriarchal In Kenya, a group of Samburu women domain of gender violence. e attitudes of service providers; the lack of activists established a women-run village programme aims to support victims, privacy and confidentiality; insufficient in the 1990s in support of victims of their families and communities to report personnel; and bureaucracy.326 violence. Called Umoja, which means cases of violence, and to seek legal ‘unity’ in Swahili, it serves as a place for redress, psychosocial support, and related The illustrative examples below show a victims who have been forced to leave services such as education.330 combination of documented their communities because of being government-led and community based considered to have brought ‘shame’ on UNFPA finds that responses to gender- intersectoral and intercultural models in their families. As part of their anti- based violence are also effective when care support of victims of violence. violence strategies, the initiative draws and support services for victims are substantially on human rights awareness integrated into a broader package of In Guatemala, the enactment of the new and systems of resource sharing to culturally-sensitive reproductive health femicide law and the creation of promote economic independence and services. Between 2008 and 2011, specialized tribunals to prosecute such combating pressures to submit to strategic partnerships forged in Bolivia cases in a number of mainly indigenous FGM/C and child marriage.329 (Plurinational State of), Ecuador, populated departments have resulted in Guatemala, Honduras and Peru with the institution of a comprehensive care As part of a United Nations Joint various agencies achieved legal, policy and system in place for victims of violence. Programme to prevent gender violence in administrative reforms in the areas of on e system provides multi-sectoral indigenous communities in Mexico, intercultural reproductive health personalized care to survivors through a UNICEF is building the capacity of local including violence-related services for combined team of psychologists, social actors to develop and implement inter- indigenous women and adolescents.331 workers and doctors. Assistance also institutional protocols against extends to legal proceedings to avoid re- gender-based violence and other forms of e Jambi Huasi Health Clinic based in victimization and the identification of violence against children and adolescents. Otavalo, Ecuador, and supported by protection measures that need to be ese efforts in 10 municipalities with UNFPA serves to provide health- and taken in particular cases.327 is is large indigenous populations in the states violence-related interventions in ways supported by a new protocol for of Chiapas and Oaxaca, have involved which are culturally responsive to the implementing the anti-femicide law in the innovation of promoting dialogue needs and experiences of indigenous UNICEF_BTS_3b_v3 5/24/13 9:29 AM Page 50

Breaking the Silence on Violence against Indigenous Girls, Adolescents and Young Women: 50 A call to action based on an overview of existing evidence from Africa, Asia Pacific and Latin America

women and adolescents.332 Many of the indigenous women and seek to provide lessons learned from the clinic have been culturally sensitive practical and used to establish culturally acceptable or psychological assistance, through intercultural health models in the counselling services, legal assistance, Andean region (Box 6.5.3). referrals and support to indigenous women and girls who have been affected Similarly, in Mexico, a model by violence. As a result of a successful programme supported by UN Women pilot phase, the initiative was in collaboration with the Government acknowledged as a best practice by the of Mexico and women’s networks has UNPFII. To date, 19 Indigenous succeeded in integrating sexual and Women’s Houses have been established in reproductive health services with violence the states of Baja California, Nuevo León, prevention and response services through Sonora, Querétaro, Estado de México, the establishment of Indigenous Women’s Yucatán, Chiapas, Oaxaca, Guerrero, Houses. ese houses are coordinated by Puebla, Veracruz and Michoacán.333

Box 6.5.3: Providing culturally sensitive health services through the Jambi Huasi Health Clinic

The Jambi Huasi Health Clinic was founded on a national strategy to address the health needs of the poorest, underserved communities. Designed to improve the quality and scope of reproductive health care provided to Quechua speaking communities, the services encompass provision of reproductive health education and information to women, men and adolescents, and a referral system for gender-based violence and obstetric complications. Jambi Huasi, which means ‘health house’, provides both modern and traditional medical treatment, as well as family planning advice and services. The traditional healers draw from a ‘pharmacy’ of more than 3,600 native plants used for medicinal purposes, and the programme draws on staff and volunteers who are also indigenous. This unique combination of services contributes to its wide utilization. Although originally designed to serve some 4,000 people a year, the number has increased to an average of 1,000 per month to date. The strategic value of utilizing the skills and external confidence of female doctors of indigenous descent trained in Western medicine and yet having a strong identity and bearing a legacy of cosmovision has been identified as source of the projects success.

Source: Inter-Agency Network on Women and Gender Equality Task Force on Indigenous Women. Indigenous Women and the United Nations System. Good Practices and Lessons Learned. 2006, pp. 55-57 UNICEF_BTS_3b_v3 5/24/13 9:29 AM Page 51

Section VII Conclusion and recommendations 7.1 Conclusion This study sought to generate a deeper understanding of the magnitude, with guiding nature and context of violence experienced by indigenous girls, adolescents and young women through illustrative examples from Africa, principles Asia Pacific and Latin America. Undertaken through a desk review, it aimed to determine the interface between the contexts in which indigenous girls and women live and the structural, underlying causes and risk factors associated with violence against these groups. It also sought to identify particular forms of violence that have been documented, examples of on-going, national-level prevention, protection and response measures and their identified challenges.

e findings underscore that the procedures of national, regional and trajectory of violence for the study global human rights systems. groups is traced to the multiple and intersecting forms of discrimination that This study further takes account of confront them. Vulnerability to violence measures that were recommended for is not only heightened by risk factors at eliminating violence against indigenous the individual, family, community and women and girls at the 2012 wider societal levels but also in the International Expert Group Meeting of overall economic, legal, social, political the UNPFII and those of the Fifty- and cultural contexts in which seventh Session of the Commission on indigenous peoples live. the Status of Women. To this extent, the principles and recommendations Looking into the future, it is vital to proposed are complementary to these recognize the critical role that indigenous efforts and aim to strengthen and girls, adolescents and young women facilitate their implementation. themselves have played in these Realizing change for indigenous girls achievements: ey have challenged and young women and ensuring their oppressive social and cultural norms. right to live free from violence will Infact the complex web of past and require coordinated efforts of present circumstances has not prevented governments, United Nations agencies, them from engaging in their funds and programmes, civil society, communities, countries and globally as indigenous peoples, communities and change agents in the pursuit of justice. families. (Box 7.1 - overleaf) 7.2 Principles e study identifies some deficits in knowledge on violence faced by Six principles of action and 10 indigenous girls and women. ough recommendations are proposed to guide limited, data already accumulated the way forward in accelerating efforts highlights the need for action to be towards ending violence against taken. Recommendations to this study indigenous girls, adolescents and young are informed by other recommendations women and should be taken into account already in place and continue to be set by in the design and implementation of all relevant bodies, mechanisms and interventions aimed at preventing and UNICEF_BTS_3b_v3 5/24/13 9:29 AM Page 52

Breaking the Silence on Violence against Indigenous Girls, Adolescents and Young Women: 52 A call to action based on an overview of existing evidence from Africa, Asia Pacific and Latin America

land and natural resources – will be Box 7.1: Voices and views of indigenous girls heard by the CEDAW Committee respected. 5. Participation and empowerment: Civil society organizations often produce shadow or alternative reports and submit e recognition of indigenous girls them to human rights treaty bodies, as well as the Universal Periodic Review, with and women as agents of change and information evaluating how a State party has fulfilled the substantive rights their participation on a regular and outlined in the treaties. Even though treaty bodies increasingly take into account systematic basis will underpin the the perspectives of indigenous peoples, submission of shadow reports process of planning and designing highlighting the perspectives and experiences of women and girls may encourage interventions. the inclusion of this information into their constructive dialogues held with States 6. e integration of inter-cultural and their recommendations issued at the conclusion of the sessions. perspectives: All interventions will Batwa girls form Nyakabande in Kisoro who participated in the preparation of the demonstrate and practice respect for United Organisation for Batwa Development in Uganda 2010 alternate report to cultural diversity, dialogue and CEDAW recommended that gender-based violence prevention programmes consensus building, including efforts should be accompanied by economic empowerment opportunities for girls, to adapt interventions where adolescents and young women as a means of breaking the cycle of male necessary and appropriate to suit the dependency. This recommendation was taken into consideration by the CEDAW cultural perspectives of indigenous Committee during its session with the Government of Uganda and, as a result, peoples. this recommendation formed part of the final set of concluding observations. The CEDAW Committee noted “with concern the particularly marginalized situation of 7.3 Recommendations the Batwa women” and urged the “State Party to continue to intensify the implementation of gender-sensitive poverty reduction and development Intended to be adaptable to regional and programmes in rural and urban areas and to pay particular attention to the Batwa country contexts, the recommendations women in the development of such programmes.” are grouped into four broad areas of concern identified in the report: 1) Sources: United Organisation for Batwa Development in Uganda and Forest research, monitoring and reporting; 2) Peoples Program, ‘Batwa Women in Uganda: Disproportionate human rights prevention; 3) the provision of age, violations’, UOBDU/FPP, 2010, p. 12; and Committee on the Elimination of All gender and culturally appropriate Forms of Discrimination Against Women, Concluding Observations to Uganda comprehensive services; and 4) (C/UGA/CO/7), 2010, paras 39 and 40. enhancing capacities, co-ordination and co-operation.

7.3.1 Research, responding to violence against their status as rights holders alongside monitoring and reporting indigenous girls and women. ey are: other male and female groups. 3. Gender equality: Addressing violence 1. Opportunistic data collection, analysis, 1. Accountability: Violence against girls, against indigenous girls and women reporting and monitoring. e study finds adolescents and young women is from a rights perspective requires that that the limited analysis and reporting of unacceptable. e State, civil society, gender inequality be taken into data on violence by sex, age and ethnicity indigenous peoples and families have account as a root cause. is means in addition to the absence of information a shared responsibility in ensuring that the rights and freedoms of systems capable of monitoring violence that indigenous girls and women are women and girls will be respected, inhibits an adequate analysis of the protected from its diverse forms and promoted and protected and that all causes of such violence and the that violence is not sustained by a interventions will be designed and identification of possible prevention, culture which condones it. implemented with this protection and response measures. 2. Equality and non-discrimination: understanding. Opportunities are however presented All indigenous girls, adolescents and 4. Respect the collective and individual with DHS, MICS, CLS and other young women will be treated equally rights of indigenous peoples: e national household surveys to analyse regardless of their age, sex, ethnicity, collective and individual rights of data by these variables and to explore disability, location and other factors, indigenous peoples – including their possibilities for increasing sample sizes of and full recognition will be given to right to self-determination, ancestral areas populated by indigenous peoples, UNICEF_BTS_3b_v3 5/24/13 9:29 AM Page 53

Breaking the Silence on Violence against Indigenous Girls, Adolescents and Young Women: A call to action based on an overview of existing evidence from Africa, Asia Pacific and Latin America 53

drawing on lessons from countries such as Bolivia (Plurinational State of), India, Kenya, the Lao People’s Democratic Republic, the Philippines and Viet Nam. Nevertheless, given that household surveys are only one method of data collection, it is equally important to promote and support data collection efforts through other means, such as administrative records, qualitative studies and ad-hoc surveys.

2. Address existing gaps in knowledge. Critical gaps in research identified in this study potentially serve to shape a future research agenda. e study elicits more in-depth appreciation of two major areas, namely: 1) the full extent to which indigenous women and girls are affected by the different forms of violence identified in this research (i.e., domestic violence, harmful practices, economic

exploitation, sexual abuse and sexual © UNICEF / NYHQ2008-0585 / Pierre Holtz exploitation, and gender-based violence in situations of armed violence, insecurity and communal conflicts) and assistance to address the paucity of data address the systemic and structural root others documented in the United in that region. causes of violence, this should include Nations Secretary-General’s studies on taking steps to embark upon rigorous law violence against women and violence 3. Integrate issues affecting indigenous girls reforms to align national and customary against children. Additionally, attention and young women into the procedures of laws with international standards and to should be paid to different forms of national, regional and global human rights establish legal guarantees on the intersecting inequalities as reflected in monitoring and reporting systems. It is prohibition of violence; eliminate de facto the experiences of indigenous girls and critical that international, regional and and de jure discrimination against women with disabilities and those national human rights mechanisms indigenous peoples; reverse patriarchal located in rural areas. e research including special procedures of the tendencies and other stereotypes which should be undertaken from the Human Rights Council, ACHPR and are at the root of discrimination and perspective of different settings (e.g., IACHPR continuously monitor and gender inequality and; revitalize positive domestic, education, employment, care report on violence perpetrated against cultural values that protect from and justice institutions and the indigenous girls and women. e treaty violence. To effectively address violence, community at large); and 2) effective body system and UPR should also it is also critical to intensify community strategies for preventing and responding continue to use the opportunities of action and mobilization through legal to violence against indigenous girls and issuing recommendations to State parties awareness, increased access of indigenous women, including documenting lessons and general comments (such as the communities to the media, and the active learned and assessing the impact of forthcoming recommendation on access engagement of men, and boys including existing legal, policy and institutional to justice of the CEDAW Committee) to community elders’ in changing harmful reforms. A research agenda must address violence against these groups. attitudes and norms. furthermore take into account identified gaps in data by region. For example, data 7.3.2 Invest in prevention 5. Conflict prevention and participatory on the situation of indigenous development are critical to prevention. communities in Africa is commonly 4. Tackle discrimination and gender Increased efforts should be made to put lacking, suggesting a need for technical inequality. Forming part of measures to mechanisms in place for peaceful UNICEF_BTS_3b_v3 5/24/13 9:29 AM Page 54

Breaking the Silence on Violence against Indigenous Girls, Adolescents and Young Women: 54 A call to action based on an overview of existing evidence from Africa, Asia Pacific and Latin America

dialogue between indigenous to justice and redress support systems is and their follow-up processes. ese communities and their respective needed to enhance the ability of victims include: e International Conference governments over land allocations that to seek redress, compensation and on Population and Development Beyond are needed for developmental purposes. protection from violence. A package of 2014 review process, the World e principle of ‘free, prior and informed reforms which includes legal aid, witness Conference on Indigenous Peoples to be consent’, the allocation of adequate and protection, interpretation of proceedings held in September 2014, processes appropriate compensation to affected and procedures in appropriate languages related to the Post-2015 Development families, and the full participation of should be pursued. Concrete efforts Agenda and specific agenda-setting women and girls must be enforced. should also be made to ensure that the frameworks in relation to violence Furthermore, in cases where culture of impunity is addressed and that against children and women. communities are requested to relocate to opportunities to effectively access Governments, civil society organizations new areas as a result of such development remedies are enhanced. and the United Nations system should projects, adequate steps must be taken to also advocate for these outcomes to be ensure that family livelihoods are not 7.3.4 Enhance integrated into national policy and compromised and that all security risks capacities, coordination decision-making at all levels. such as tensions over land distribution and co-operation and sharing of other resources with other 7.4 Way forward indigenous and non-indigenous 8. Enhancing the capacities of communities do not place women and implementing institutions. Governments While some information on violence girls at risk of violence, abuse and must allocate adequate human and against indigenous girls, adolescents and exploitation. financial resources to the implementation young women is available, existing gaps of legal and policy reforms, action plans in knowledge must be filled for its full 7.3.3 Provide age, gender and strategies to ensure that institutions extent to be known. is study and culturally appropriate across relevant sectors such as justice, underpins the peculiarities of the comprehensive services health, education and social welfare experiences of these groups who possess possess the relevant capacity to effectively both collective and individual rights 6. Ensure that indigenous girls and young implement reforms in a coordinated under various treaties and declarations. women access quality support services. manner. e UNDRIP triggers a need for more Women and girls who have experienced focused research to begin in parallel with violence, exploitation or abuse have the 9. Engage in partnerships to share improvements and scaling-up of on- right to access the necessary support knowledge and scale-up good practices. going initiatives on the basis of the services for their full physical and Governments, civil society organizations knowledge that already exists. Looking psychological recovery and social and the United Nations system should forward, addressing discrimination and reintegration. e provision of such partner with indigenous communities to engaging with indigenous girls and services should be part of a broader systematically document existing anti- women to design and implement multi-sectoral strategy that seeks to violence strategies including those which accessible prevention, protection and improve the holistic development of have been nurtured in indigenous response initiatives geared towards indigenous girls and women through communities over the years. Platforms ending the unacceptable cycle of violence access to birth registration, quality should also be created for knowledge and impunity is an imperative for all education, health (including sexual and sharing through avenues such as south- countries. reproductive health), social welfare south and triangular co-operation. services and complaints, and reporting mechanisms such as helplines. Such 10. Integrate findings and services should take into account the recommendations of this study into range of barriers to accessibility (e.g., discussions, debates and outcomes of on- geographical, language, financial and going global agenda setting frameworks attitudes of service providers).

7. Promote access to justice and end the culture of impunity. Undertaking reforms in the justice sector for promoting access UNICEF_BTS_3b_v3 5/24/13 9:29 AM Page 55

Appendix

Working definitions

e study was guided by a number of practices similar to slavery, such as the contextual definitions: (a) that of the sale and trafficking of children, debt child as contained in article 1 of the bondage and serfdom, forced or CRC: “[e]very human being below the compulsory labour, including forced or age of eighteen years unless, under the compulsory recruitment of children for law applicable to the child, majority is use in armed conflict; sexual exploitation attained earlier”; (b) definition of of children in prostitution, pornography adolescent: any person between the ages and pornographic performances; of 10-19 years 334 (c) United Nations exploitation of a child for illicit activities; definition of youth is: any person and work which, by its nature or the between the ages of 15-24 years.335 e circumstances in which it is carried out, African Youth Charter of the African is likely to harm the health, safety or Union stipulates this as between morals of children (g) and the definition 15-35 years based on Africa’s context and of violence against women as provided for development realities.336 (d) the by the United Nations Declaration on definition of violence against children the Elimination of Violence against provided for by article 19 of the CRC Women “any act of gender-based “all forms of physical or mental violence, violence that results in, or is likely to injury and abuse, neglect or negligent result in, physical, sexual or psychological treatment, maltreatment or exploitation, harm or suffering to women, including including sexual abuse,” in addition to threats of such acts, coercion or arbitrary (e) the definition of violence against deprivation of liberty, whether occurring children provided for in United Nations in public or private life.” It encompasses Secretary-General’s study on violence physical, sexual and psychological against children (2006): the intentional violence occurring in the family, general use of physical force or power, threatened community and perpetrated or condoned or actual, against a child, by an by the State, wherever it occurs; (h) risk individual or group, that either results in factors are situations which increase the or has a high likelihood of resulting in likelihood of someone becoming a victim actual or potential harm to the child’s and/or perpetrator of violence;337 and (i) health, survival, development or dignity; protective factors are those which buffer (f) the worst forms of child labour as against the risk of becoming a victim defined by ILO Convention 182 and/or perpetrator of intimate partner comprising all forms of slavery or and sexual violence.338 UNICEF_BTS_3b_v3 5/24/13 9:29 AM Page 56

Breaking the Silence on Violence against Indigenous Girls, Adolescents and Young Women: 56 A call to action based on an overview of existing evidence from Africa, Asia Pacific and Latin America

Acronyms ACHPR African Commission on Human and Peoples’ Rights MDG Millennium Development Goal ACRWC African Charter on the Rights and Welfare MICS Multiple Indicator Cluster Surveys of the Child MILF Moro Islamic Liberation Front ARMM Autonomous Region of Muslim Mindanao MNLF Moro National Liberation Front ASEAN Association of Southeast Asian Nations MRG Minority Rights Group International CAR Cordillera Administrative Region NCIP National Commission on Indigenous Peoples CEDAW Convention on the Elimination of All forms NGO Non-governmental organization of Discrimination against Women NPA New People’s Army CRC Convention on the Rights of the Child OHCHR Office of the High Commissioner for Human Rights CRPD Convention on the Rights of Persons UNAIDS Joint United Nations Programme on HIV/AIDS with Disabilities UNDP United Nations Development Programme CLS Child Labour Surveys UNDRIP United Nations Declaration on the Rights DEMI Defensoria de la Mujer Indigena of Indigenous Peoples DHS Demographic and Health Survey UNESCO United Nations Educational, Scientific and ECLAC Economic Commission for Latin America and Cultural Organization the Caribbean UNFPA United Nations Population Fund FGM/C Female Genital Mutilation/Cutting UNICEF United Nations Children’s Fund ICPD International Conference on Population and UNODC United Nations Office on Drugs and Crime Development UNPFII United Nations Permanent Forum on ICCPR International Covenant on Civil and Political Rights Indigenous Issues IACHR Inter-American Commission on Human Rights UN Women United Nations Entity for Gender Equality and ILO International Labour Organisation the Empowerment of Women ILO-EAST International Labour Organization Education UOBDU United Organisation for Batwa Development and Skills Training in Uganda INE Instituto Nacional de Estadística de la República UPR Universal Periodic Review de Guatemala WHO World Health Organization IPEC International Programme on the Elimination of Child Labour IWGIA International Working Group for Indigenous Affairs UNICEF_BTS_3b_v3 5/24/13 9:29 AM Page 57

Notes

1 United Nations General Assembly, United Nations eds., Indigenous Peoples, Poverty and Development, Secretary-General’s Study on Violence Against Cambridge University Press, New York, 2012. Children, United Nations, New York, 2006; United 16 International Indigenous Women’s Forum, Mairin Nations General Assembly, In-depth Study on all forms Iwanka Raya: Indigenous women stand against of Violence against Women: Report of the Secretary- violence – a companion report to the United Nations General, United Nations, New York, 2006; International Secretary-General’s Study on Violence Against Indigenous Women’s Forum, Mairin Iwanka Raya: Women, FIMI/IIWF, New York, 2006, p. 22; Sylvain, Indigenous women stand against violence – a Renee, At the Intersections: San women and the rights companion report to the United Nations Secretary- of indigenous peoples in Africa, International Journal General’s in-depth study on all forms of violence of Human Rights, vol. 15, no. 1, January 2011, p. 89- against women, 2006. Status of the Convention on 110. The latter points to the need to resolve tensions the Rights of the Child, Report of the Secretary- between collective and individual rights when the General, 2012. A/67/225. rights of women intersect. 2 International Labour Organization, ‘Surveys’, 17 International Labour Organization, ‘Bolivia’, , accessed 14 May 2013. index.htm>, accessed 12 May 2013; Childinfo, 18 Bolivia: Encuesta Nacional de Demografía y Salud , accessed 12 May 2013; 2008, p. 235. Measure DHS, , accessed 19 International Institute for Population Sciences and 12 May 2013. Macro International, National Family Health Survey 3 United Nations, State of the World’s Indigenous (NFHS-3), 2005–06: India: Volume I, IIPS, Mumbai, Peoples, New York, 2009, p. 40. 2007, p. 510. 4 International Labour Organization, Indigenous and 20 Ibid., p. 506. Tribal Peoples Convention, Convention 169, ILO, 21 Ibid., p. 519. Geneva, 1989, Article 1 sub-sections 1 and 2; United 22 United Nations Children’s Fund, Protecting the World’s Nations Development Group, Guidelines on Indigenous Children: Impact of the Convention on the Rights of Peoples’ Issues, 2008. the Child in diverse legal systems, Cambridge 5 United Nations Economic and Social Council, Fifty- University Press, 2007. seventh Session of the Commission on the Status of 23 United Nations Special Representative of the Women. The Elimination and Prevention of all forms of Secretary-General on Violence against Children, Violence against Women and Girls, 2013, para. 10. Protecting children from harmful practices in plural 6 United Nations Declaration on the Elimination of legal systems, New York, 2012, p. 9. Violence Against Women (Article 2). 24 The Global Campaign to Stop Violence against Women 7 United Nations Population Fund, ‘Fewer Girls in the Name of Culture. Philippines: Early Marriage of Threatened by Female Genital Mutilation’, UNFPA, Muslim Girls-Risks, 2010. press release, 6 February 2013; United Nations 25 Nisa Ul-Haqq Fi Bangsamoro. Determinants and Children’s Fund, Statistical Overview on Global Trends Impact of Early Marriage on Moro Women, 2009. on FGM/C (forthcoming), UNICEF, June 2013. 26 National Statistics Office, Philippines National 8 United Nations Population Fund. Marrying Too Young: Demographic and Health Survey 2008, pp. 73-75 Ending Child Marriage, UNFPA, New York, 2012, p. 6. 27 Ibid. pp. 12, 13, 106, 112. 9 Ibid. 28 United Nations Committee on the Rights of the Child. 10 Joint United Nations Programme on HIV/AIDS, Report Concluding Observations: Lao People’s Democratic on the Global AIDS Epidemic, UNAIDS, Geneva, 2012, Republic, 2011, paras. 55-56. p. 70. 29 Kenya National Bureau of Statistics, Kenya 11 United Nations Children’s Fund, State of the World’s Demographic and Health Survey 2008-2009, Children 2011: Adolescence. an age of opportunity, pp. 246, 265. It must, however, be noted that the New York. 2011, pp. 3, 24. 1998 findings, as presented in the report are not fully 12 United Nations Office on Drugs and Crime, Global comparable with the findings from the 2003 and Report on Trafficking in Persons, UNODC, Vienna, 2008-2009 reports, as the sample in 1998 did not 2012, pp. 7, 10. include the regions with the Somali population where 13 Ibid., pp. 25-26. FGM/C is most common. In this sense, the prevalence 14 International Programme on the Elimination of Child was likely to be higher in 1998. Also see Feed the Labour, Give Girls a Chance: Tackling child labour, a Minds, Female Genital Mutilation Practices in Kenya: key to the future, ILO/IPEC, Geneva, 2012, p. 10; The Role of Alternative Rites of Passage: A Case Study Brown, Gordon, Child Labor & Educational of Kisii and Kuria Districts, London, 2011, p. 4. Disadvantage: breaking the link, building opportunity, 30 International Programme on the Elimination of Child United Nations, London, 2012. Labour, IPEC action against child labour 2010-2011: 15 Kabeer, Naila, Can the MDGs Provide a Pathway to Progress and future priorities, Geneva, 2012, p 4. Social Justice? The challenge of intersecting 31 Organización Internacional del Trabajo, Instituto inequalities, UNDP, New York, 2010; United Nations, Nacional de Estadística de Bolivia. Magnitud y State of the World’s Indigenous Peoples, New York, Características del Trabajo Infantil en Bolivia – 2009; Hall, Gillette H. and Harry Anthony Patrinos, Informe nacional, La Paz, 2010, p. 95. UNICEF_BTS_3b_v3 5/24/13 9:29 AM Page 58

Breaking the Silence on Violence against Indigenous Girls, Adolescents and Young Women: 58 A call to action based on an overview of existing evidence from Africa, Asia Pacific and Latin America

32 United Nations Committee on the Elimination of All Working Group on Indigenous Populations/ 59 Ibid. Forms of Discrimination against Women, Seventh Communities: Mission to the Republic of Namibia, 60 Joint United Nations Programme on HIV/AIDS, Report periodic report of States parties Guatemala, para. Copenhagen, 2005, pp. 118-119. on the Global AIDS Epidemic, UNAIDS, Geneva, 2012, 404; Human Rights Watch, Swept Under the Rug: 45 Pkalya, Ruto, Mohamud Adan, Isabella Masinde, p. 70. Abuses against domestic workers around the world, Indigenous Democracy: Traditional conflict resolution 61 United Nations Children’s Fund, State of the World’s New York, vol. 18, no. 7, July 2006, p. 34.; Inter- mechanisms – Pokot, Turkana, Samburu and Children 2011: Adolescence. an age of opportunity, American Commission on Human Rights, The Status Marakwet, Intermediate Technology Development New York. 2011, pp. 3, 24. of Children, para 350. http://www.cidh.org/country Group-Eastern Africa, 2004, p. 35; Omosa, Eileen, 62 United Nations Children’s Fund. Early Marriage, A rep/Guatemala2003eng/Chapter-VI.htm The Impact of Water Conflicts on Pastoral Livelihoods, Harmful Traditional Practice: A statistical exploration, 33 African Commission on Human and Peoples’ Rights The case of Wajir District in Kenya, International UNICEF, New York, 2005, p. 22. and International Work Group for Indigenous Affairs, Institute for Sustainable Development, 2005. 63 United Nations Office on Drugs and Crime, Global Report of the African Commission’s Working Group on 46 United Nations, State of the World’s Indigenous Report on Trafficking in Persons, UNODC, Vienna, Indigenous Populations/Communities: Mission to the Peoples, New York, 2009. 2012, p. 7. Republic of Namibia, Copenhagen, 2005, p. 99. 47 United Nations Economic and Social Council, 64 Ibid., pp. 25-26. 34 Sylvain, Renee, At the Intersections: San women and Combating Violence Against Indigenous Women and 65 International Programme on the Elimination of Child the rights of indigenous peoples in Africa, International Girls: Article 22 of the United Nations Declaration on Labour, Give Girls a Chance: Tackling child labour, a Journal of Human Rights, vol. 15, no. 1, January the Rights of Indigenous Peoples, Report of the key to the future, ILO/IPEC, Geneva, 2012, p. 10; 2011, pp. 89-110. International Expert Group Meeting, ECOSOC, 2012. Brown, Gordon, Child Labor & Educational 35 Manjoo, Reshida, Report on the Expert Group Meeting 48 UNIFEM is presently designated the United Nations Disadvantage: breaking the link, building opportunity, on Gender-Motivated Killings of Women, 16 May Entity for Gender Equality and the Empowerment of United Nations, London, 2012. 2012. Women (UN Women). 66 United Nations Children’s Fund, State of the World’s 36 Bastick, Megan, Karin Grimm, Rahel Kunz, Sexual 49 It is important to note that the preliminary findings of Children 2011: Adolescence. an age of opportunity, Violence in Armed Conflict: Global Overview and the research were shared at the 2012 International New York. 2011; Pan-American Health Organization, Implications for the Security Sector, Geneva Centre for Expert Group Meeting of the Permanent Forum, the Empowerment of Adolescent Girls: A key process for Democratic Control of Armed Forces, Geneva, 2007, Eleventh Session of the Permanent Forum (2012) as achieving the Millennium Development Goals, PAHO, pp. 72-84; Leiby, Michele, Wartime Sexual Violence in well as at a High Level Panel Discussion organized by Washington., 2010; Bruce, Judith, Violence Against Guatemala and Peru, International Studies Quarterly, UN Women and the Office of the United Nations Adolescent Girls: A Fundamental Challenge to 2009 vol, 53, pp. 445-468. Secretary-General’s Campaign UNiTE to End Violence Meaningful Equality, Population Council, 2011. 37 Organization of American States Inter-American against Women during the Fifty-seventh Session of the 67 United Nations, State of the World’s Indigenous Commission on Human Rights, Access to Justice: For Commission on the Status of Women on 8 March 2013. Peoples, New York, 2009, pp. 170-171. women victims of violence in the Americas, OAS, 50 United Nations General Assembly. United Nations 68 Manjoo, Rashida, Statement at Fifty-seventh Session Washington, 2007, p. 5. Secretary-General’s Study on Violence against of the Commission on the Status of Women, New York, 38 Organization of American States Inter-American Children, United Nations, New York, 2006; United 4 March 2013, p. 2. Commission on Human Rights, ‘Violence and Nations General Assembly, In-depth Study on all forms 69 World Health Organization, World Report on Violence Discrimination Against Women in the Armed Conflict in of Violence against Women: Report of the Secretary- and Health: Summary, Geneva, 2001, pp. 9-12. Colombia,’ , accessed 13 May 2013. Status of the Convention on the Rights of the Child, all forms of Violence against Women: Report of the 39 Asia Pacific Forum on Women, Law and Development, Report of the Secretary-General, 2012. A/67/225. Secretary-General, United Nations, New York, 2006, ‘Defending the Rights of Indigenous Women in Asia 51 Ibid and United Nations General Assembly, Report of paras. 69-71. Pacific Towards an Inclusive and Violence-free Future,’ the Secretary-General on the status of the Convention 71 Pinheiro, Paulo Sérgio, World Report on Violence summary report, APWLD, New Delhi, 15-16 October on the Rights of the Child, with a Focus on Indigenous against Children, New York, 2006, p. 72. 2008, p. 29. Children, 2012. 72 Ibid., pp. 114-118; Special Representative of the 40 Special Rapporteur on the rights of indigenous 52 International Labour Organization, ‘Surveys’, Secretary-General on Violence against Children, peoples, Report on Asia, United Nations Human Rights , accessed 12 May 2013; Childinfo, New York, 2012, p. 14. Indigenous Democracy: Traditional conflict resolution , accessed 12 May 2013; 73 United Nations Committee on the Rights of the Child, mechanisms – Pokot, Turkana, Samburu and Measure DHS, , accessed Indigenous Children and their Rights under the Marakwet, Intermediate Technology Development 12 May 2013. Convention, General Comment No. 11, 2009, paras. Group-Eastern Africa, 2004. 53 United Nations, State of the World’s Indigenous 41-45. 42 Leff, Jonah, ‘Pastoralists at War: Violence and security Peoples, New York, 2009, p. 40. 74 International Work Group for Indigenous Affairs, The in the Kenya-Sudan-Uganda border region’, 54 International Labour Organization, Indigenous and Indigenous World 2011, IWGIA, Copenhagen, 2011. International Journal of Conflict and Violence, Tribal Peoples Convention, Convention 169, ILO, 75 United Nations, State of the World’s Indigenous vol. 3 (2), 2009, pp. 188-203. Geneva, 1989, Article 1 sub-sections 1 and 2;United Peoples, New York, 2009, pp. 22-119; Minority Rights 43 Bamlaku, Tadesse, ‘Women in Conflict and indigenous Nations Development Group, Guidelines on Indigenous Group International. State of the World’s Minorities conflict resolution among the Issa and Gurgura clans Peoples’ Issues, 2008. and Indigenous Peoples, London, 2012. of Somali in Eastern Ethiopia,’ African Journals Online, 55 United Nations General Assembly, Declaration on the 76 Bastick, Megan, Karin Grimm, Rahel Kunz, Sexual , accessed 13 May 2013. 56 Ibid. Article 2. Implications for the Security Sector, Geneva Centre for 44 For example, the Centre for Environment and 57 United Nations Population Fund, ‘Fewer Girls Democratic Control of Armed Forces, Geneva, 2007, Development, Réseau Recherches Actions Concertées Threatened by Female Genital Mutilation’, UNFPA, p. 13. Pygmées (RACOPY), and Forest Peoples Programme press release, 6 February 2013; United Nations 77 Ibid., pp. 19, 96. (FPP), Indigenous Peoples rights in Cameroon, ACHPR, Children’s Fund, Statistical Overview on Global Trends 78 http://www.ohchr.org/EN/ProfessionalInterest/Pages/ May 2010, p, 25; African Commission on Human and on FGM/C (forthcoming), UNICEF, June 2013. InternationalLaw.aspx Peoples’ Rights and International Work Group for 58 United Nations Population Fund. Marrying Too Young: 79 United Nations. Declaration on the Elimination of Indigenous Affairs, Report of the African Commission’s Ending Child Marriage, UNFPA, New York, 2012, p. 6. Violence against Women, 1993, preamble and United UNICEF_BTS_3b_v3 5/24/13 9:29 AM Page 59

Breaking the Silence on Violence against Indigenous Girls, Adolescents and Young Women: A call to action based on an overview of existing evidence from Africa, Asia Pacific and Latin America 59

Nations. Intensifying global efforts for the elimination Project on the Constitutional and Legislative Protection 101 Ndege, Peter O, Colonialism and its Legacies in Kenya, of female genital mutilation, 2012. A/C.3/67/L.21. of the Rights of Indigenous Peoples in 24 African lecture, Eldoret, Kenya, 2009; United Nations Human 80 United Nations General Assembly, Resolution on the Countries, 2009. Rights Council, Mission to Guatemala, Report of the Rights of the Child, 21 November 2012, A/67/453, 92 United Nations Committee on the Rights of the Child, Special Rapporteur on the right of everyone to para. 42. State Party Report: Democratic Republic of the Congo, enjoyment of the highest standard attainable standard 81 Forest Peoples Programme, ‘Resolutions of the African CRC, 2009, para. 26. of physical and mental health, 2010, paras. 13 and 56. Commission on Human and Peoples’ Rights relevant 93 United Nations Committee on the Elimination of 102 Busso, Matías, Martín Cicowiez, Leonardo Gasparini, to the rights of indigenous women in Africa’, Discrimination Against Women, Concluding Comments Ethnicity and the Millennium Development Goals in , accessed 12 May 2013. against Women: Indonesia, 2007, para. 18; United 2005. 82 Kabeer, Naila, Can the MDGs Provide a Pathway to Nations Committee on the Elimination of 103 International Food Policy Research Institute, World’s Social Justice? The challenge of intersecting Discrimination Against Women, Consideration of Most Deprived: Characteristics and Causes of Extreme inequalities, UNDP, New York, 2010, p. 15; According reports submitted by State parties under article 18 of Poverty and Hunger, Washington, IFPRI, 2008. to the Special Rapporteur on the situation of human the Convention on the Elimination of All forms of 104 United Nations Children’s Fund, Economic rights and fundamental freedoms of indigenous Discrimination against Women; United Nations Commission for Latin America and the Caribbean, people, descriptions of indigenous peoples of Asia Committee on the Elimination of Discrimination Pobreza infantil en America Latina y el Caribe, 2010, vary interchangeably across countries between ‘tribal’ Against Women, Seventh periodic report of States p. 46. or ‘tribal people’, ‘hill tribes’, ‘scheduled tribes’, parties: Indonesia, 2011, pp. 128-129; United Nations 106 Hall, Gillette and Harry Anthony Patrinos, eds., ‘natives’, ‘ethnic minorities’ and ‘minority Population Fund, Marrying Too Young: Ending Child Indigenous Peoples, Poverty and Human Development nationalities’. Marriage, UNFPA, New York, 2012, p. 27. in Latin America, Cambridge University Press, New 83 International Work Group for Indigenous Affairs. The 94 United Nations Committee on the Rights of the Child, York, 2012, pp. 344-358. Pacific. IGWIA, Denmark, 2000. State Party Report: Thailand, CRC, 2012, paras. 31- 107 United Nations Children’s Fund, Economic 84 United Nations Economic Commission for Latin 32. Commission for Latin America and the Caribbean, The America and the Caribbean, Social Panorama of Latin 95 United Nations Committee on Economic, Social and Right of Children and Adolescents to a Healthy America 2006, United Nations, 2007, pp.160-161. It Cultural Rights, Consideration of reports submitted by Environment: A Diagnosis from Latin America and the is necessary to note that figures relate to the whole of States parties under Articles 16 and 17 of the Caribbean, July 2007, p. 12. the Latin America and the Caribbean region, whereas Covenant, Concluding Observations of the Committee 108 Hallman, Kelly, Sara Peracca, Jennifer Catino, Marta this research is focused on Latin America. on Economic, Social and Cultural Rights: Colombia, Julia Ruiz, Multiple Disadvantages of Mayan Females: 85 African Commission on Human and Peoples Rights ECOSOC, 2010, para. 18; United Nations. Committee The effects of gender, ethnicity, poverty, and residence and International Work Group for Indigenous Affairs, on the Elimination of Discrimination Against Women, on education in Guatemala, Research Working Paper Report of the African Commission’s Working Group of Consideration of reports submitted by State parties No. 211, Population Council, New York, 2006, p. 13. Experts on Indigenous Populations/Communities, under article 18 of the Convention on the Elimination 109 Hall, Gillette and Harry Anthony Patrinos, eds., Banjul, Gambia, 2005. of All forms of Discrimination against Women, Seventh Indigenous Peoples, Poverty and Human Development 86 United Nations General Assembly, In-depth Study on periodic report of States parties: Guatemala, CEDAW, in Latin America, Cambridge University Press, New all forms of Violence against Women: Report of the 2008, para. 84; United Nations. Committee on the York, 2012, pp. 344-358. Secretary-General, United Nations, New York, 2006, Elimination of Discrimination Against Women, 110 Government of India Planning Commission, ‘Census para. 100. Consideration of reports submitted by State parties 2001’, , 87 United Nations Economic and Social Council, Fifty- under article 18 of the Convention on the Elimination accessed 13 May 2013; Press Note on Poverty seventh Session of the Commission on the Status of of All forms of Discrimination against Women, Seventh Estimates, 2009-10. March 2012; Das, M.B and Women. The Elimination and Prevention of all forms of periodic report of States parties: Nicaragua, CEDAW, Mehta, S.K. Poverty and Social Exclusion in India Violence against Women and Girls, 2013, para. 10. 2005, para. 205. Overview, issue brief, World Bank, Washington, 2011, 88 United Nations, Report of the Secretary-General: 96 United Nations Committee on the Rights of the Child, p. 1. Also see Das M.B., G. Hall, S. Kapoor, D. Nikitin, Forced Marriage of the Girl Child, 2007, para. 16. For State Party Report: El Salvador, CRC, 2003, para. 19. India: Scheduled Tribes, in Hall, Gillette and Harry specific examples, see Concluding Observations of the 97 United Nations Committee on the Elimination of all Anthony Patrinos, eds., Indigenous Peoples, Poverty Committee on the Elimination of Discrimination Forms of Discrimination Against Women, Concluding and Human Development in Latin America, Cambridge against Women–Indonesia, CEDAW, 2007 paras. 18– Comments of the Committee on the Elimination of University Press, New York, 2012. 19; Concluding observations of the Committee on the Discrimination against Women: Viet Nam, CEDAW, 111 Dang, Hai-Anh, A Widening Poverty Gap for Ethnic Elimination of Discrimination against Women– 2007, paras. 26-27. Minorities, in Hall, Gillette and Harry Anthony Patrinos, Panama, CEDAW, 2010, paras. 50-51; Concluding 98 United Nation Committee on the Rights of the Child, Indigenous Peoples, Poverty and Human Development comments of the Committee on the Elimination of Concluding Observations of the Committee on the in Latin America, Cambridge University Press, New Discrimination against Women-Peru, CEDAW, 2007, Rights of the Child: Bolivia, CRC, 1998, para. 16 and York, 2012. paras. 34 -35; Concluding Observations of the Consideration of reports submitted by states parties 112 General Statistical Office of Viet Nam, Viet Nam Committee on the Rights of the Child–Uganda, CRC, under article 44 of the convention, Fourth periodic Multiple Indicator Cluster Survey 2011, Final Report, 2005, paras. 28-29; and El Salvador, CRC, 2010, reports of States parties due in 2007, Bolivia, CRC, 2011, Hanoi, Viet Nam, p. 156. paras. 24-25. 2009, paras. 23-24. 113 King, Elizabeth M., Dominique van de Walle, Laos: 89 United Nations Children’s Fund, Analyse de situation 99 United Nations Economic and Social Council, Fifty- Ethnolinguistic Diversity and Disadvantage, in Hall, sous-régionale sur la problématique des « peuples seventh Session of the Commission on the Status of Gillette and Harry Anthony Patrinos, eds., Indigenous autochtones » en Afrique centrale, 2009, p. 51; United Women, The Elimination and Prevention of all forms of Peoples, Poverty and Human Development in Latin Nations Children’s Fund, Socio Cultural and Legal Violence against Women and Girls, para. 21. America, Cambridge University Press, New York, Institutions (forth-coming), p. 45. 100 United Nations Children’s Fund. Country Programme 2012. 90 United Nations Children’s Fund, Socio Cultural and Document 2011-2015, Indonesia, 2011; International 114 Das M.B., G. Hall, S. Kapoor, D. Nikitin, India: Legal Institutions, p. 45. Labour Organization. Child Labour and Education in Scheduled Tribes, in Hall, Gillette and Harry Anthony 91 For example, Devasish, Raja, Traditional Customary Papuan Communities, policy brief, Jakarta, July 2011; Patrinos, eds., Indigenous Peoples, Poverty and Laws and Indigenous Peoples in Asia, Minority Rights United Nations Educational, Scientific and Cultural Human Development in Latin America, Cambridge Group International, London, 2005 and International Organization. Global Monitoring Report on Education University Press, New York, 2012, pp. 233-234. Labour Organization, Overview Report of the Research for All, Oxford University Press, 2010. 115 United Nations Convention on the Rights of the Child, UNICEF_BTS_3b_v3 5/24/13 9:29 AM Page 60

Breaking the Silence on Violence against Indigenous Girls, Adolescents and Young Women: 60 A call to action based on an overview of existing evidence from Africa, Asia Pacific and Latin America

Indigenous Children and their Rights under the 1,000 CFA (US$20) in the town of Zanaga, 2,000 CFA Macro International, National Family Health Survey Convention, General Comment 11, 12 February 2009, (US$4) in Ngo and 5,000 CFA (US$10) in Pokola. Also (NFHS-3), 2005–06: India: Volume I, IIPS, Mumbai, paras. 5 and 23-29. see Wodon, Quentin, Prospere Backiny-Yetna, Arbi 2007, p. 510. 116 United Nations Committee on the Rights of the Child. Ben-Achour, Indigenous Peoples in Central Africa: The 150 Ibid., p. 506. Consideration of reports submitted by States parties case of the Pygmies. Hall, Gillette and Harry Anthony 151 Ibid., p. 519. under article 44 of the Convention, Concluding Patrinos, eds., Indigenous Peoples, Poverty and 152 National Commission on Indigenous Peoples: Observations: Cambodia, para. 65 (b); United Nations Human Development in Latin America, Cambridge http://www.ncip.gov.ph/indigenous-peoples-of-the Committee on the Rights of the Child, Consideration of University Press, New York, 2012, which notes the -philippines.html reports submitted by States parties under article 44 of implications of lack of birth registration on citizenship 153 National Statistics Office, Philippines National the Convention, Concluding Observations: Uganda, and access to services. Demographic and Health Survey 2008: Key findings, para. 30. 129 Kenya National Bureau of Statistics, Kenya p. 211. 117 Nepal Ministry of Education and Sports and United Demographic and Health Survey 2008-2009, p. 27. 154 National Statistics Office, Philippines National Nations Educational, Scientific and Cultural 130 United Nations Children’s Fund, Reversing the Trend: Demographic and Health Survey 2008, p. 211. Organization, Education for All Mid-Decade Child Trafficking in East and Southeast Asia, Bangkok, 155 United Nations Children’s Fund, Protecting the World’s Assessment: National Report, Kathmandu, Nepal, 2009, p. 53. Children: Impact of the Convention on the Rights of 2007. 131 United Nations Committee on the Rights of the Child, the Child in diverse legal systems, UNICEF, Cambridge 118 United Nations Educational, Scientific and Cultural Consideration of reports submitted by States parties University Press, 2007. Organization, Global Monitoring Report on Education under article 44 of the Convention Concluding 156 Special Representative of the United Nations for All 2010, Oxford University Press, France, 2010, p. Observations: Thailand, 17 March 2006, paras. 31- Secretary-General on Violence against Children, 10. 32. Protecting children from harmful practices in plural 119 International Labour Organization-Education and Skills 132 General Statistics Office of Viet Nam, Viet Nam legal systems with special emphasis on Africa, New Training for Youth Employment in Indonesia, Rapid Multiple Indicator Cluster Survey 2011, Final Report, York, 2012, p. 9. Assessment Survey of Child Labour Among 2011, p. 170. 157 General Statistics Office of Viet Nam, Viet Nam Indigenous Peoples in Papua, Jakarta, ILO-EAST, 133 Ibid. Multiple Indicator Cluster Survey 2011, Final Report, 2009. 134 Myanmar Multiple Indicator Cluster Survey 2011, p. 179. 120 African Commission on Human and Peoples’ Rights 2009-2010, p. 112. 158 Ibid. and International Work Group for Indigenous Affairs, 135 United Nations Committee on the Rights of the Child. 159 See International Work Group for Indigenous Affairs, Report of the African Commission’s Working Group of Consideration of Reports Submitted by States parties The Indigenous World, Denmark, 2012, p. 325 for a Experts on Indigenous Populations/Communities: under article 44 of the Convention. Concluding full description of indigenous peoples in Myanmar. The Submitted in accordance with the Resolution of the Observations, Philippines, 2009, para. 101. data on child marriage is taken from the Myanmar Rights of Indigenous Populations/Communities in 136 United Nations Committee on the Rights of the Child. Multiple Indicator Cluster Survey 2009 – 2010, p. 50. Africa, Adopted by the African Commission on Human Report of the Philippines to the Committee on the 160 United Nations Committee on the Rights of the Child. and Peoples Rights at its Twenty-eighth Ordinary Rights of the Child on the Optional Protocol to the Concluding Observations: Lao People’s Democratic Session, Banjul, Gambia, 2005. Convention on the Rights of the Child on the sale of Republic, 2011, paras. 55-56. 121 For all mission reports, see: http://www.achpr.org/ children, child prostitution and child pornography, First 161 The Global Campaign to Stop Violence against Women mechanisms/indigenous-populations/ Periodic Report (2003-2007), December 2011, para. in the Name of Culture. Philippines: Early Marriage of 122 Ohenjo, Nyang’ori, et al., Health of Indigenous People 71. Muslim Girls-Risks, 2010. in Africa. The Lancet, 367, 9526. 10-16 June 2006, 137 International Institute for Population Sciences and 162 Nisa Ul-Haqq Fi Bangsamoro. Determinants and pp. 1937–1946; Jackson, Dorothy, Twa women, Twa Macro International. National Family Health Survey Impact of Early Marriage on Moro Women, 2009. rights in the Great Lakes region of Africa, London, (NFHS-3), 2005–06: India: Volume I. Mumbai, 2007, 163 National Statistics Office, Philippines National Minority Rights Group International, 2003. p. 47. Demographic and Health Survey 2008, pp. 73-75 123 United Nations Human Rights Council, Mission to 138 Myanmar Multiple Indicator Cluster Survey 164 Ibid. pp. 12, 13, 75, 105, 112, 212. The information Guatemala, Report of the Special Rapporteur on the 2009- 2010, p. 112. on the duration of schooling relates to “Percent right of everyone to enjoyment of the highest standard 139 United Nations Human Rights Council. Report of the distribution of the de facto female household attainable standard of physical and mental health, Special Rapporteur on the situation of human rights population age six and over by highest level of 2010, para. 56. and fundamental freedoms of indigenous people, schooling attended or completed and median years 124 International Work Group for Indigenous Affairs, The Rodolfo Stavenhagen, General considerations on the completed, according to background characteristics.” Indigenous World, Copenhagen, 2011 and State of the situation of human rights and fundamental freedoms 165 International Institute for Population Sciences and World’s Indigenous Peoples. of indigenous peoples in Asia,para. 24. Macro International, National Family Health Survey 125 Plan International and United Nations Children’s Fund, 140 Ibid. para. 24. (NFHS-3), 2005–06: India: Volume I, IIPS, Mumbai, Sistematización de las experiencias sobre derecho a 141 Ibid. para. 26. 2007, p. 165. la identidad y registro de nacimiento de niños y niñas 142 Ibid. paras. 27-28. 166 Ibid., pp 368-374. indígenas en Bolivia, Ecuador, Guatemala y Panamá, 143 United Nations, State of the World’s Indigenous 167 United Nations Children’s Fund, Analyse de situation 2009, pp. 119-120. Peoples, New York, 2009, pp. 34-35. sous-régionale sur la problématique des « peuples 126 Perrault, Nadine and Begoña Arellano, ‘A Rights- 144 Minority Rights Group International, State of the World autochtones » en Afrique centrale, 2009, p. 51. Based Approach to Birth Registration in Latin America Minorities and Indigenous Peoples, 2012, p. 53. 168 Ibid., p. 11; United Nations Children’s Fund, Socio and the Caribbean’, Challenges, ECLAC/UNICEF, 145 United Nations. General Assembly Resolution on the Cultural and Legal Institutions, p. 36; Jackson, 2011, pp. 4-6. Elimination of Domestic Violence against Women, 19 Dorothy, Twa women, Twa rights in the Great Lakes 127 Ibid. P. 7. February 2004, para. 1. region of Africa, London, Minority Rights Group 128 United Nations Children’s Fund, United Nations 146 International Labour Organization, ‘Bolivia’, International, 2003, p. 11. Population Fund and United Nations Development , accessed 14 May 2013. common in both indigenous and non-indigenous Indigenous Peoples of the Republic of Congo and their 147 Ibid. contexts. For example “rape myths” are perpetuated in Impact on the rights of Children and Women 148 Government of India, Census 2001, , accessed 13 May 2013. see Contreras, Juan Manuel, et al., Sexual violence in table price ranges in some communities as follows: 149 International Institute for Population Sciences and Latin America and the Caribbean: A desk review, UNICEF_BTS_3b_v3 5/24/13 9:29 AM Page 61

Breaking the Silence on Violence against Indigenous Girls, Adolescents and Young Women: A call to action based on an overview of existing evidence from Africa, Asia Pacific and Latin America 61

Sexual Violence Research Initiative, 2010, p. 41. Observations: The Plurinational State of Bolivia, paras. 208 Ibid. 170 Overview Report of the Research Project on the 73-77. 209 Jackson, Dorothy, Twa women, Twa rights in the Great Constitutional and Legislative Protection of the Rights 190 Organización Internacional del Trabajo, Instituto Lakes region of Africa, London, Minority Rights Group of Indigenous Peoples in 24 African Countries, p. 134. Nacional de Estadística de Bolivia. Magnitud y International, 2003, pp. 5 and 15. 171 Ramsay, K. Uncounted: the hidden lives of Batwa Características del Trabajo Infantil en Bolivia – Informe 210 Pkalya, Ruto, Mohamud Adan, Isabella Masinde, women. Minority Rights Group International, 2010, p. nacional 2010, La Paz, p. 76. Indigenous Democracy: Traditional conflict resolution 2; Jackson, Dorothy, Twa women, Twa rights in the 191 International Labour Organisation, Girl child labour in mechanisms – Pokot, Turkana, Samburu and Great Lakes region of Africa, London, Minority Rights agriculture, domestic work and sexual exploitation Marakwet, Intermediate Technology Development Group International, 2003, p.13. Rapid assessments on the cases of the Philippines, Group-Eastern Africa, 2004. 172 Sylvain, Renee, At the Intersections: San women and Ghana and Ecuador, ILO, Geneva, Switzerland, 2004, 211 Leff, Jonah, ‘Pastoralists at War: Violence and security the rights of indigenous peoples in Africa, International p. 162. in the Kenya-Sudan-Uganda border region’, Journal of Human Rights, vol. 15, no. 1, January 192 Ibid. International Journal of Conflict and Violence, vol. 3 2011, p. 99. 193 Organization of American States Inter-American (2), 2009, pp. 188-203. 173 United Nations Population Fund, Project Embera-wera: Commission on Human Rights, ‘Chapter VI: The status 212 Bamlaku, Tadesse, ‘Women in Conflict and indigenous An experience of cultural change to eradicate female of children’, www.cidh.org/countryrep/Guatemala conflict resolution among the Issa and Gurgura clans genital mutilation in Colombia, UNFPA, 2011. 2003eng/Chapter-VI.htm, para. 350. accessed of Somali in Eastern Ethiopia,’ African Journals Online, 174 International Programme on the Elimination of Child 14 May 2013. , accessed 13 May 2013. Baseline Survey. Compiled by Catalla, R.F. and Catalla, Special Rapporteur on the rights of indigenous 213 Example: Centre for Environment and Development, T., 2003, p. 42. peoples: The situation of indigenous peoples in the Réseau Recherches Actions Concertées Pygmées, 175 Larsen, Peter, Indigenous and tribal children: Republic of the Congo, 2011, para. 16. Forest Peoples Programme, Indigenous Peoples rights assessing child labour and education challenges, 195 United Nations Children’s Fund, Socio Cultural and in Cameroon. ACHPR, May 2010, p. 25; ACHPR and Geneva, 2003; International Labour Organization, Legal Institutions, p. 67. IWGIA, Report of the African Commission’s Working Child Labour and Education in Papuan Communities, 196 United Organisation for Batwa Development in Uganda Group on Indigenous Populations/Communities: policy brief, July 2011, Jakarta, 2011. and Forest Peoples Program, Batwa Women in Mission to the Republic of Namibia, ACHPR and 176 International Labour Organization, Child Labour and Uganda: Disproportionate human rights violations, IWGIA, Copenhagen, 2008, pp. 118-119. Education in Papuan Communities, policy brief, July UOBDU/FPP, 2010, p. 12. 214 Pkalya, Ruto, Mohamud Adan, Isabella Masinde, 2011, Jakarta, 2011,. pp. 2-4. 198 African Commission on Human and Peoples’ Rights Indigenous Democracy: Traditional conflict resolution 177 General Statistical Office, Viet Nam Multiple Indicator and International Work Group for Indigenous Affairs, mechanisms – Pokot, Turkana, Samburu and Cluster Survey 2011, Final Report, 2011, Ha Noi, Viet Report of the African Commission’s Working Group on Marakwet, Intermediate Technology Development Nam. pp 172-173. It must be noted that this data was Indigenous Populations/Communities: Mission to the Group-Eastern Africa, 2004, p. 35. Also see Omosa, not available by sex. Republic of Namibia, Copenhagen, 2005, p. 99. Eileen, The Impact of Water Conflicts on Pastoral 178 Larsen, Peter, Indigenous and tribal children: 199 United Nations Children’s Fund, Adult Wars, Child Livelihoods, The case of Wajir District in Kenya, assessing child labour and education challenges, Soldiers. Voices of Children Involved in Armed Conflict in International Institute for Sustainable Development, Geneva, 2003; International Labour Organization, pp. the East Asia and Pacific Region, Bangkok, 2002, p. 8. 2005. 1, 28. 200 Ibid. pp. 19, 45-46, 74 215 Dwyer, Lesie, and Rufa Cagoco-Guiam, Gender and 179 Ibid. 201 United Nations Security Council. Children and armed Conflict in Mindanao, The Asia Foundation, 2010, p. 7. 180 United Nations Children’s Fund, Children on the Edge. conflict. 26 April 2012. 216 BASULTA Core Group. Report on the Preliminary Protecting children from sexual exploitation and 202 World Bank. Crime and Violence in Central America: A Mission to Zamboanga City, Core Group on the trafficking, UNICEF, Bangkok,2002, p.36. Development Challenge, Washington, 2011, pp. 11, Humanitarian Needs Assessment to the ARMM Island 181 Ibid. p. 23, 28. 18; United Nations Children’s Fund, The Impact of Provinces. 17-18 March 2011, p. 3. 182 Kumar KC, Bal, Govind Subedi Yogendra Bahadur Small Arms on Children and Adolescents in Central 217 United Nations. Philippines (Mindanao). Humanitarian Gurung, Keshab Prasad Adhikari, Investigating the America and the Caribbean: A Case Study of El Action Plan. 2012, p. 1. Worst Forms of Child Labour No. 2: Nepal Trafficking Salvador, Guatemala, Jamaica and Trinidad and 218 Republic of Kenya, 2009 Population & Housing in Girls with Special Reference to Prostitution – A Tobago, UNICEF TACRO, Panama City, 2007. Census Results, 2009. rapid assessment, ILO/IPEC, Geneva, 2001. 203 Manjoo, Rashida, Report on the Expert Group Meeting 219 United Nations Committee on the Rights of the Child. 183 Ibid. on Gender-Motivated Killings of Women. 16 May Second Periodic Reports of States Parties, Kenya, 184 Gurung, Yogendra Bahadur. Nature, Extent, and Forms 2012. CRC, 2006, p. 11. of Child Labor in Nepal, Population of Nepal 204 Bastick, Megan, Karin Grimm, Rahel Kunz, Sexual 220 United Nations Human Rights Council and Population Journal. Vol. 11, no.10, 2007, pp. 12-13. Violence in Armed Conflict: Global Overview and Stavenhagen, Rodolfo, Report of the Special 185 Kumar KC, Bal, Govind Subedi Yogendra Bahadur Implications for the Security Sector, Geneva Centre for Rapporteur on the situation of human rights and Gurung, Keshab Prasad Adhikari, Nepal Trafficking in Democratic Control of Armed Forces, Geneva, 2007, fundamental freedoms of indigenous people, 2006, Girls with Special Reference to Prostitution: A Rapid pp. 72-84. Also see Leiby, Michele, Wartime Sexual para. 10. Assessment, ILO/IPEC, Geneva, 2001, p. 17. Violence in Guatemala and Peru. International Studies 221 Kenya National Bureau of Statistics, Kenya 186 International Labour Organisation and International Quarterly, 2009 vol. 53, pp. 445-468. Demographic and Health Survey 2008-2009, p. 264. Programme on the Elimination of Child Labour, IPEC 205 Organization of American States, Inter-American It must, however, be noted that the 1998 findings, as action against child labour 2010-2011: Progress Commission on Human Rights, Access to Justice: For presented in the report are not fully comparable with and future priorities, ILO/IPEC, Geneva, Switzerland, Women of Victims of Violence in the Americas, the findings from the 2003 and 2008-2009 reports, 2010, p. 4. Washington, 2007, p. 5. as the sample in 1998 did not include the regions 187 International Labour Organziation, The Cost of 206 Organization of American States, Inter-American with the Somali population where FGM/C is most Coercion: Regional Perspectives, 2009, p. 1. Commission on Human Rights, ‘Violence and common. In this sense, the prevalence was likely to be 188 United Nations Permanent Forum on Indigenous Discrimination Against Women in the Armed Conflict in higher in 1998. Also see Feed the Minds, Female Issues. Mission Report to Bolivia, UNPFII, 2009, p. 20. Colombia’, , accessed 13 May 2013. Alternative Rites of Passage: A Case Study of Kisii and Consideration of reports submitted by States parties 207 United Nations Human Rights Council, Annual Report Kuria Districts, London, 2011, p. 4. under article 44 of the Convention, Concluding of the OHCHR, OHCHR, 2012, para. 14. 222 Kenya National Bureau of Statistics, Kenya UNICEF_BTS_3b_v3 5/24/13 9:30 AM Page 62

Breaking the Silence on Violence against Indigenous Girls, Adolescents and Young Women: 62 A call to action based on an overview of existing evidence from Africa, Asia Pacific and Latin America

Demographic and Health Survey 2008-2009, p. 265. Guatemala.’ Trocaire Development Review. Dublin, 259 International Programme on the Elimination of Child 223 Ibid. 2007, p 52. Labour. Investigating the Worst Forms of Child Labour 224 Ibid. 244 Ibid., para. 56. No. 21. Child Soldiers in Central and Western 225 United Nations Committee on the Rights of the Child. 245 United Nations Economic and Social Council, Report of Mindanao: A Rapid Assessment, Geneva, 2002. Second Periodic Reports of States Parties, Kenya, the Special Rapporteur on the situation of human 260 Ibid. pp. Executive Summary XIV, 16. para. 2007, pp. 13, 69, 80. rights and fundamental freedoms of indigenous 261 Ibid., p. 46. 226 Ibid., and United Nations Committee on the Elimination peoples, submitted in accordance with Commission 262 Ibid. pp.67-70, Timonera, Bobby, ‘The Warrior is a of Discrimination against Women: Seventh Periodic resolution 2001/57, 2004, paras. 16-20. Girl Child,’ Philippine Human Rights Forum, Report of States Parties. Kenya, para. 259, 416. 246 See the United Nations, The Guatemala Peace July-December 1999. 227 Kenya National Bureau of Statistics, Kenya Accords, 1998. 263 The Moro Islamic Liberation Front and the United Demographic and Health Survey 2008-2009, p. 79. 247 Minority Rights Group International, State of the Nations in the Philippines, Action Plan Between the 228 Ibid., pp. 83, 84. World’s Minorities and Indigenous Peoples 2012: Moro Islamic Liberation Front (MILF) and the United 229 Ibid., p. 81. Events of 2011. Focus on Land Rights and Natural Nations in the Philippines Regarding The Issue of 230 International Work Group for Indigenous Affairs and Resources, pp. 55-61; Bastick, Megan, Karin Grimm, Recruitment and the Use of Child soldiers in the Samburu Women for Education & Environment Rahel Kunz, Sexual Violence in Armed Conflict: Global Armed conflict in Mindanao, 2010. Development Organization, ‘Beads of Bondage,’ The Overview and Implications for the Security Sector, 264 Ibid. pp.67-70, Timonera, Bobby, ‘The Warrior is a Samburu Girl Child Magazine, Nanyuki, Kenya, 2012, Geneva Centre for Democratic Control of Armed Girl Child,’ Philippine Human Rights Forum, p. 2. Forces, Geneva, 2007, p. 192. July-December 1999. 231 Ibid., pp. 3-4. 248 Decreto Número 22-2008 del Congreso de la 265 Ibid., p. 21. 232 United Nations Convention on the Elimination of All República de Guatemala and Decreto Número 9-2009 266 United Nations Committee on the Rights of the Child, Forms of Discrimination against Women, Kenya, 2009 del Congreso de la República de Guatemala. For more Report of the Republic of the Philippines under article paras. 24, 79. details on these reforms see Government of 8(1) of the Optional Protocol to the Convention on the 233 Informe Nacional de Desarrollo Humano, Informe Guatemala, National report submitted in accordance Rights of the child on the Involvement of Children in Nacional de Desarrollo Humano 2011/2012: with paragraph 5 of the annex to Human Rights Armed Conflict, paras. 12-15 and Written reply of the Guatemala, ¿un país de oportunidades para. la Council resolution 16/2. Report of the Working Group Philippines to the list of issues concerning juventud?, PNUD, 2012, p. 234. on the Universal Periodic Review Fourteenth Session. information related to the consideration of the initial 234 International Work Group for Indigenous Affairs. 7 August 2012, para. 14. report of the Philippines, 17 December 2012, paras. ‘Guatemala,’ The Indigenous World, Copenhagen 249 United Nations High Commissioner for Human Rights. 8, 11, 40, 62, 67. 2012. Report of the United Nations High Commissioner for 267 United Nations Committee on the Rights of the Child, 235 This excludes the Department of Guatemala. See Human Rights on the activities of her office in Consideration of Reports Submitted by States Parties Informe Nacional de Desarrollo Humano, Guatemala: Guatemala, 2013. . under article 44 of the Convention, Philippines, 2009, hacia un Estado para. el desarrollo humano 250 National Statistics Office, Philippines National paras. 13 and 23. 2009/2010, PNUD, Guatemala, 2010. Demographic and Health Survey 2008: Key findings, 268 Republic of the Philippines, Report of the Philippines 236 United Nations Human Rights Council. National Report p. 9. to the Committee on the Rights of the Child on the Submitted in Accordance with Paragraph 15(a) of the 251 Ibid. Optional Protocol to the Convention on the Rights of Annex to the Human Rights Council Resolution 5/1. 252 World Bank. ‘The Mindanao Conflict in the Philippines: the Child on the sale of children, child prostitution and Guatemala. 8 April 2008. Para. 62. Roots, Costs, and Potential Peace Dividend,’ Social child pornography, First Periodic Report (2003-2007), 237 Blanco, Blanca and Lorna Hayes, ‘The Hidden Development Papers. Conflict Prevention and 2011, para. 80. Challenge to Development: Gender-Based Violence in Reconstruction. Paper No. 24/ February 2005; United 269 For example: Contreras, Juan Manuel, et al., Guatemala.’ Trocaire Development Review. Dublin, Nations Security Council. Children and armed conflict. Sexual violence in Latin America and the Caribbean: 2007, pp. 47-64. 26 April 2012. A desk review, Sexual Violence Research Initiative, 238 Guatemalan Commission for Historical Clarification, 253 United Nations Security Council. Children and armed 2010; Population Council, ‘Sexual and Gender- Report of the Commission of Historical Clarification, conflict. 26 April 2012, para. 147. Note that the Based Violence in Africa’, literature review, 2008. 1999, paras. 87 and 91; United Nations, Report of the statistical increase may also relate to the improved 270 Annual Report of the Special Representative of the Special Rapporteur on violence against women, its functionality of the country task force on monitoring Secretary-General on Violence against Children to the causes and consequences, 2012 paras. 63, 66 and and reporting of grave violations of child rights in Human Rights Council, A/HRC/22/55 of 4 January 68; Blanco, Blanca and Lorna Hayes, ‘The Hidden armed conflict and the verification processes, including 2013, paragraphs 64 – 72. Challenge to Development: Gender-Based Violence in human resources and data-sharing mechanisms, as 271 Global Initiative to End all Corporal Punishment of Guatemala.’ Trocaire Development Review. Dublin, opposed to an actual increase in violations. Children http://www.endcorporalpunishment.org/ 2007, pp. 47-64. 254 Alternative Law Groups, Ateneo Human Rights Center, pages/progress/prohib_states.html, Accessed 239 Blanco, Blanca and Lorna Hayes, ‘The Hidden Environmental Legal Assistance Center, Inc., 17 May 2013. Challenge to Development: Gender-Based Violence in Indigenous Peoples Rights Monitor, ‘’Joint Submission 272 Republic of Kenya, The Constitution of Kenya, 2010, Guatemala.’ Trocaire Development Review. Dublin, on the Human Rights Situation of Indigenous Peoples Sections 26 and 30. 2007, pp. 47-64. (IPs) in the Philippines’,

Breaking the Silence on Violence against Indigenous Girls, Adolescents and Young Women: A call to action based on an overview of existing evidence from Africa, Asia Pacific and Latin America 63

Measures of Implementation of the CRC, 2003). all forms of Violence against Women: Report of the and the Caribbean, 2009, p. 29. 279 United Nations Human Rights Council. Mission to Secretary-General, United Nations, New York, 2006, 312 Blanco, Blanca and Lorna Hayes, ‘The Hidden Guatemala, Report of the Special Rapporteur on the para. 337. Challenge to Development: Gender-Based Violence in right of every one to the highest attainable standard of 295 Ibid., paras. 339-351. Guatemala.’ Trocaire Development Review. Dublin, physical and mental health, paras. 13, 17. 296 International Institute for Population Sciences and 2007, p. 54. 280 United Nations Committee on the Rights of the Child, Macro International, National Family Health Survey 313 Manjoo, Rashida, United Nations Report of the Special Consideration of reports submitted by States parties (NFHS-3), 2005–06: India: Volume I, IIPS, Mumbai, Rapporteur on violence against women, its causes under article 44 of the Convention. Concluding 2007, pp. 65-66. and consequences, Report on the expert group Observations: Cambodia. CRC/C/KHM/CO/2, para. 61. 297 National Statistics Office, Philippines National meeting on gender-motivated killings of women. 281 Manjoo, Rashida, Report of the Special Rapporteur on Demographic and Health Survey 2008: Key findings, 2012, para. 19. violence against women, its causes and p. 30. 315 Organization of American States, Inter-American consequences: Summary report on the expert group 298 Proyecto/Project Embera-Wera, Una experiencia de Commission on Human Rights, Access to Justice: For meeting on gender-motivated killings of women, cambio cultural para. la eliminacion de la ablacion Women of Victims of Violence in the Americas, United Nations Human Rights Council, para. 3. genital femenina en Colombia- America Latina, Washington, 2007, para. 123. 282 United Nations Children’s Fund Latin America and the pp. 23, 29, 35. 316 Ibid., paras. 7, 21, 123, 195, 199. Caribbean Regional Office, Application of a Human 299 Maasai Girls Education Fund, ‘What We Do’, 317 Organization of American States Inter-American Rights Based Approach and a Gender Mainstreaming , Commission on Human Rights, Access to Justice and Strategy to Programming for Work with Adolescents in accessed 13 May 2013. Social Inclusion: The road towards stregthening Latin America and the Caribbean, Panama City, 2012, 300 United Nations Population Fund, Kenya: Creating a democracy in Bolivia, OAS, ch. 4, para. 284. pp. 38-39. Safe Haven, and a Better Future, for Maasai Girls 318 United Nations Economic and Social Council, 283 United Nations Committee on the Rights of the Child. Escaping Violence, UNFPA, 2005. Multisectoral services and responses for women and girls Consideration of reports submitted by States parties 301 Population Council, Equipping Mayan girls to improve subjected to violence, December 2012, paras. 39-41. under article 44 of the Convention. Concluding their lives, Brief No. 5, updated March 2011, p. 2. 319 Sylvain, Renee, At the Intersections: San women and Observations: The Plurinational State of Bolivia, 302 Ibid. the rights of indigenous peoples in Africa, International paras. 7-8. 303 Inter-Agency Network on Women and Gender Equality Journal of Human Rights, vol. 15, no. 1, January 284 United Nations Committee on the Elimination of all Task Force on Indigenous Women, Indigenous Women 2011, p. 102. forms of Discrimination against Women, Concluding and the United Nations System: Good practices and 320 African Commission on Human and Peoples’ Rights Observations and Recommendations: Bolivia, 2008, lessons learned, 2006, pp. 58-61. and International Work Group for Indigenous Affairs, para. 24. 304 UN Women, ‘Trust Fund Grantees’, , accessed 13 May 2013. of Gabon, 2007, p. 30. Compilation Prepared by the Office of the High 305 United Nations Children’s Fund, ‘Birth registration for 321 Minority Rights Group International, Uncounted: the Commissioner for Human Rights, in accordance with indigenous children in Peru’s Amazonian region: A civil hidden lives of Batwa women, 2010 , p. 12. paragraph 15(b) of the Annex to Human Rights registrar documents 200 births in his community,’ 322 Ibid. Council Resolution 5/1 – Guatemala, OCHCR, 2008, UNICEF, 9 August 2010. 323 United Nations Children’s Fund, Socio Cultural and para. 3. 306 Special Representative of the Secretary-General on Legal Institutions of Indigenous Peoples of the 286 United Nations Committee on the Elimination of Violence against Children and the Special Rapporteur Republic of Congo and their Impact on the rights of Discrimination against Women, UN Committee on the on the sale of Children, child prostitution and child Children and Women, p. 45. Elimination of Discrimination against Women: pornography, Safe and child-sensitive counselling, 324 United Nations Children’s Fund, Universal Periodic Combined Seventh Periodic Report of States Party, complaint and reporting mechanisms to address Review of the Human Rights Council, Philippines, Guatemala, 2009, para. 114. violence against children, United Nations, New York, 2011, pp. 2, 5-6. 287 Government of Guatemala, National report submitted 2012, pp. 9, 18-20, 28; United Nations Human Rights 325 United Nations Children’s Fund, Reversing the Trend: in accordance with paragraph 5 of the annex to Council, Annual report of the Special Representative of Child Trafficking in East and Southeast Asia, Bangkok, Human Rights Council resolution 16/21, report of the the Secretary-General on Violence against Children, 2009, p.10. Working Group on the Universal Periodic Review United Nations, 4 January 2013. 326 Contreras, Juan Manuel, et al., Sexual violence in Fourteenth Session, 7 August 2012, para. 45. 307 National Statistics Office, Philippines National Demo- Latin America and the Caribbean: A desk review, 288 Ibid., paras. 6, 11, 13, 14, 15, 16, 51, 54. graphic and Health Survey 2008: Key findings, p. 223. Sexual Violence Research Initiative, 2010, p. 9. 289 United Nations Committee on the Elimination of 308 International Institute for Population Sciences and 327 United Nations Human Rights Council, Guatemala: Discrimination against Women, Concluding Macro International, National Family Health Survey National report submitted in accordance with observations of the Committee on the Elimination of (NFHS-3), 2005–06: India: Volume I, IIPS, Mumbai, paragraph 5 of the annex to Human Rights Council Discrimination against Women–Kenya, 5 April 2011, 2007, p. 522 resolution 16/21, 2012 (2nd cycle), para. 52. CEDAW, 2011, para. 15. 309 Ibid., p. 476. 328 Ibid. 290 Ibid. 310 Special Representative of the Secretary-General on 329 International Indigenous Women’s Forum, Mairin 291 IRIN, ‘Philippines: Steep rise in gender-based Violence against Children and the Special Iwanka Raya: Indigenous women stand against violence’, 30 May, 2012, , accessed 12 May 2013. sensitive counselling, complaint and reporting violence against women, 2006, pp. 45-46. 292 Guanzon, Rowena V., Laws on Violence against mechanisms to address violence against children, 330 UNICEF. Case Study on Narrowing the Gaps for Equity Women in the Philippines, United Nations Expert United Nations, New York, 2012, p. 3;United - Mexico Cross-cutting social innovations for the Group Meeting on Good Practices in Legislation on Nations Human Rights Council, Annual report of the filfilment of indigenous children's and adolescents’ Violence against Women, 2008. Special Representative of the Secretary-General on rights, October 2011, p. 4 293 United Nations Committee on the Elimination of all Violence against Children, United Nations, 4 331 United Nations Population Fund, Agencia Española de Forms of Discrimination against Women, Combined January 2013, para. 3. Cooperación Internacional para. el Desarrollo, Family fifth and sixth periodic reports of States parties, 311 United Nations Economic Commission for Latin Care International. Estandares Basicos para. Servicios Philippines, 2004, paras. 19, 20, 22, 25. America and the Caribbean, No more! The right of de Salud Materna con Pertinencia Cultural, Mujer 294 United Nations General Assembly, In-depth Study on women to live a life free of violence in Latin America Indigena: Salud y Derechos, 2012. UNICEF_BTS_3b_v3 5/24/13 9:30 AM Page 64

Breaking the Silence on Violence against Indigenous Girls, Adolescents and Young Women: 64 A call to action based on an overview of existing evidence from Africa, Asia Pacific and Latin America

332 United Nations Population Fund, Panama: Bolsas 2000 and Beyond, Report of the Secretary-General, Semáforo – a strategy and tool to prevent maternal United Nations, 2001. deaths in the Comarca Ngöbe-Buglé, in Promoting 336 African Union Commission, African Youth Charter, Equality, Recognizing Diversity: Case Stories in 2006. In dealing with the African context, the study Intercultural Sexual and Reproductive Health among uses 15-35 years as the frame of reference. Indigenous Peoples, 2012. 337 World Health Organization, Preventing Intimate Partner 333 UN Women. Inventory of United Nations system Violence and Sexual Violence against Women: Taking activities to prevent and eliminate violence against action and generating evidence, WHO, 2010, p. 18. women, 2013, p. 56. 338 Ibid. 334 United Nations Children’s Fund, State of the World’s Children 2011: Adolescence. an age of opportunity, New York. 2011, p. 24. 335 United Nations Secretary-General, Implementation of the World Programme of Action for Youth to the Year UNICEF_BTS_3b_v3 5/24/13 9:30 AM Page D

Breaking the Silence on Violence against Indigenous Girls, Adolescents and Young Women A call to action based on an overview of existing evidence from Africa, Asia Pacific and Latin America

About the research

Addressing disparities in development Using illustrations from Africa, Asia narrow space of evidence which, outcomes of marginalized and Pacific and Latin America, the study though widening through a number of excluded groups such as those of reaffirms the universality of violence qualitative and quantitative sources indigenous background is central to all across all socio-economic groups and remains insufficient. sustainable development efforts. This cultures but finds that violence is study represents the first attempt at heightened for indigenous girls, Notwithstanding the noticeable gaps consolidating existing evidence on adolescents and young women when in information, the report aims to spur violence against indigenous girls, their communities’ broader contexts – a call to action to governments, adolescents and young women and is such as colonial domination, continued United Nations agencies and special based on a recommendation of the discrimination, limited access to social mandate holders, indigenous United Nations Permanent Forum on services, dispossession from ancestral communities, and women’s and Indigenous Issues to United Nations lands, militarization and inter- children’s rights organizations to work agencies to address gaps in communal conflicts – intersect with collaboratively to end the impunity of knowledge on the magnitude, nature personal circumstances such as age, violence. It also aims to tackle issues and context of violence against these sex, ethnicity and by patriarchal value such as the structural, underlying groups. It is in step with similar systems of indigenous and wider causes and risk factors that lead to recommendations arising out of the societies. violence while paying close attention United Nations Secretary-General’s to deficits in information and 2006 studies on violence against This study finds that the types of strengthening of the capacities of children and violence against violence which have been documented government institutions and civil women respectively. with respect to indigenous girls and society organizations in preventing young women are embedded in a and responding to violence.