The Issue of Indigenous Territories Divided by Internaional Borders

RIGHTS AIPP AIPP Regional Capacity Building Program - Training Manual on the UNDRIP

II. UNDRIP PROVISIONS RELATED TO MIGRATION BY INDIGENOUS PEOPLES

A. On ciizenship

Article 6 Every indigenous individual has the right to a nationality. Article 9 Indigenous peoples and individuals have the right to belong to an indigenous community or nation, in accordance with the traditions and customs of the community or nation concerned. No discrimination of any kind may arise from the exercise of such a right. Article 33 1. Indigenous peoples have the right to determine their own identity or membership in ac- cordance with their customs and traditions. This does not impair the right of indigenous indi- viduals to obtain citizenship of the States in which they live. 2. Indigenous peoples have the right to determine the structures and to select the member- ship of their institutions in accordance with their own procedures. LINKS Other international legal instruments relevant to indigenous peoples’ rights in- clude: • ILO Convention concerning Indigenous and Tribal Peoples in Independent Coun- tries Convention No. 169 • International Covenant on Social, Economic and Cultural Rights • The Discrimination Employment and Occupation Convention of the ILO, 1958 Convention No. 111 On the international level, the right of indigenous peoples to freedom from discrimi- nation in employment is embodied in Article 20.2 of ILO Convention 169. However, the standard applies only to indigenous people migrating within their own country of citi- zenship. The silence of ILO Convention 169 on the issue of protecting indigenous people who have migrated to other countries limits the ability of the migrants to seek redress for the infringement of their rights especially in countries that have not yet ratified the Convention. Enforcement of the employment and labor rights of migrants is especially compli- cated for undocumented individuals. Indigenous people who have migrated outside their countries of origin can, how- ever, also be protected by the UN Migrant Workers Convention No. 45, regardless of their immigration status. Module-7 156 Present a list of the relevant UNDRIP provisions. Involve participants in reading the provisions. Discuss and elaborate on each provision. Suggested Method RIGHTS AIPP AIPP Regional Capacity Building Program - Training Manual on the UNDRIP

B. On Forced Migraion or Relocaion

Article 10 Indigenous peoples shall not be forcibly removed from their lands or territories. No reloca- tion shall take place without the free, prior and informed consent of the indigenous peoples con- cerned and after agreement on just and fair compensation and, where possible, with the option of return.

C. On Indigenous Territories Divided by Internaional Borders

Article 36 1.Indigenous peoples, in particular those divided by international borders, have the right to maintain and develop contacts, relations and cooperation, including activities for spiritual, cul- tural, political, economic and social purposes, with their own members as well as other peoples across borders. 2.States, in consultation and cooperation with indigenous peoples, shall take effective mea- sures to facilitate the exercise and ensure the implementation of this right.

III. REALITIES ON THE GROUND

A. How Rights are Respected or Violated

B. Laws and Policies on the Rights of Migrants 1. Citizenship and immigration laws

What are the main laws and policies on citi- zenship and immigration?

2. Relocation

a. Are there cases of relocation in the par- ticipants’ country? In each case, how was reloca- tion effected? Forcibly, or with the consent of the relocated indigenous people? How was consent obtained? What were the official procedures in- volved? b. What happens when communities or individuals have been relocated? Are there mecha- nisms for compensation? Is the option open for the relocatees to return to their homeland? Ask the participants to assess the situa- tion in their particular country with re- spect to laws and policies on citizenship and immigration rights, as elaborated below. Have them fill up a Gaps Analysis table. Suggested Method Make reference to the introduction above, in particular the dominant legal paradigm and the exceptions. Next, ask the participants to report on the situation of their own communities. Pay special attention to cases of relocation, denial of citizenship and citizens’ rights or basic civil and political, social and economic rights to migrants. Suggested Method Module-7 157