On ciizenship UNDRIP PROVISIONS RELATED TO MIGRATION BY INDIGENOUS PEOPLES

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 RIGHTS AIPP AIPP Regional Capacity Building Program - Training Manual on the UNDRIP 3.Trans-border relations Are there indigenous people in the participants’ country whose traditional territory have been divided by the boundaries between the nation and its neighbor countries? If so, do the members of the indigenous people have the freedom to move around their traditional territory, and relate with fellow-members across the international boundaries?

C. CHALLENGES IN HAVING GOOD LAWS AND POLICIES IMPLEMENTED

One illustrative example is the Inner Line Regulation in Northeast India affecting Na- galand, Mizoram, Manipur, Arunachal, and Meghalaya. Discuss examples of good laws or policies but weak implementations. Suggested Method Gaps Analysis UNDRIP NATIONAL OR GAPS CONSIDERATIONS OPTIONS PROVISIONS ON LOCAL LAWS IMPLICATIONS RECOMMENDATIONS MIGRATION AND OR POLICIES TRANS-BORDER ISSUES Paragraph or Specific laws, Specific laws, Can current laws, What needs to be Article number policies policies NOT policies be used to done? How? By conforming conforming support indigenous whom? Where? with UNDRIP with UNDRIP peoples’ positions When? For how or interests? Are long? there loopholes in the law that can be used for or against indigenous peoples? Should the matter be approached legally? Citizenship and Immigration Articles 6, 9 33 Relocation Article 10 Trans-border Issues Article 36 Module-7 158