A/HRC/EMRIP/2019/2
is the repatriation of bodies following death while crossing borders: in Arizona, a tribal
nation addresses this internally by using tribal funds.
55.
Cross-border attacks affect indigenous peoples in Kenya, where the Gabra peoples
living near the Ethiopian border have suffered such attacks by cattle rustlers linked to
armed groups. The Burji, Munyayaya and the Orma in Garissa have indicated similar
complaints (see A/HRC/4/32/Add.3).
2.
After crossing the border
56.
The legal status of indigenous peoples once they cross an international border has an
impact on their protection. They may be stateless or at risk of statelessness, compounding
their vulnerability, 71 as in the Mekong region, where many indigenous peoples have no
identity documentation. States that are not signatories to the Convention relating to the
Status of Refugees, such as Thailand, leave many indigenous peoples, who could benefit
from refugee protection, in limbo.
57.
Some indigenous refugees remain in camps or shelters for years. As at September
2018, there were 97,345 refugees (mainly Karen and Karenni) from Myanmar living in nine
refugee camps in Thailand.72 Humanitarian aid to these camps has declined, with all the
attendant consequences – psychiatric problems, rape cases and drug abuse – and migrants
cannot return. Other indigenous peoples, such as the Pemon (approximately 800), recently
fled the Bolivarian Republic of Venezuela to live with their relatives on the Brazilian side
of the border. The latter were not prepared and are now facing challenges regarding their
ability to support their growing community.
58.
Indigenous migrant workers are often in a vulnerable situation, as recognized by the
Committee on Migrant Workers (see CMW/C/BOL/CO/1). There are reports of insufficient
legal protection of indigenous agricultural workers and domestic workers, many of whom
are women and girls, undocumented, from Central America in Mexico, who report poor
labour conditions, sexual abuse, social exclusion and lack of access to public resources
owing to their indigenous status (see E/C.19/2012/6; A/HRC/39/17/Add.2;
A/HRC/11/7/Add.2). Indigenous peoples settled near the border in the Plurinational State of
Bolivia and Paraguay, mostly agricultural workers, who regularly cross the border for work,
suffer threats, forced labour and debt servitude (see CMW/C/PRY/CO/1). In Costa Rica,
indigenous migrant workers are particularly vulnerable to legal and social exclusion, in
particular those with temporary jobs on coffee plantations and migrant women working as
domestic workers (see CERD/C/CRI/CO/19-22).
3.
Challenges living across borders
59.
For indigenous peoples separated by and living across international borders, many
challenges exist. Indigenous peoples’ ability to maintain their culture and traditional
practices is often compromised.73 Challenges include access to their lands, water, traditional
hunting grounds and sites of symbolic importance; and the separation of peoples and
difficulty in maintaining cultural and linguistic ties. Other problems relate to the transit of
cultural plants and traditional cultural regalia, such as ceremonial eagle feathers, gourds and
rattles: such transfers across a border are often challenged by lack of understanding and
laws on the subject. Indigenous peoples in voluntary isolation in the Amazon are in a
particularly vulnerable situation when crossing borders (as a way of life or because of
threats) owing to their very isolation, as well as the fact that they are not necessarily bound
by States’ recognition of land demarcation.
71
72
73
14
More information about statelessness and the appropriate responses to statelessness:
www.refworld.org/statelessness.html (UNHCR).
www.unhcr.or.th/en; International Work Group for Indigenous Affairs, “Indigenous World 2018
report”, pp. 306–314.
Shin Imai and Kathryn Gunn, “Indigenous belonging: membership and identity in the UNDRIP:
articles 9, 33, 35, and 36” (2018).