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

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

IV. EXPERIENCES AND LESSONS LEARNED

1. Successful migration by indigenous peoples. 2. Successful resistance to forced migra- tion, or successful negotiation of just terms regarding relocation with free, prior, informed consent.

V. CHALLENGES

A. Three Levels of Challenges

1. Needs, capacities and proposed strate- gies for promoting compliance with UNDRIP provisions on the rights of indigenous peoples to citizenship, protection from forced reloca- tion and cross-border relations in their par- ticular country; 2. The implementation of the said strate- gies; and 3. The monitoring of this implementa- tion.

B. Some Guidance for the Trainers

1. Needs, capacities, strategies

Needs, capacities and strategies will of course vary between communities, indigenous peo- ples and countries.

a. Challenges regarding needs:

How well do the communities and their leaders know the national laws related to citizen- ship, and the laws regulating cross-border relations? Is there a need to provide more and better information? This means information material that is culturally appropriate and easily acces- sible popular booklets, videos etc. If people know their rights, how well are these rights recognized? Do they have citizenship? Are they able to contact other communities of their people living across the border? Do they know and have access to the government agencies in charge of providing ID cards or other rel- evant matters? If their rights are violated, i.e. for example if citizenship is denied, do they know how to re- spond? What are the ways to respond? Ask the participants to give any examples they know about the two topics listed be- low. Suggested Method This final section should be a participa- tory process of envisioning and identifi- cation for the particular context of the participants. Discuss with the participants the three levels of challenges see below. Split up the participants into workshop groups, and have them do poster presen- tations afterwards, in plenary. Suggested Method Module-7 159