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).

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