A/HRC/EMRIP/2019/2
issues for First Nations, including the recruitment of more indigenous border officers, and
enhanced training on indigenous cultures for Border Services Agency staff. 78
66.
In the Nordic countries, borders divide the ancestral lands of the Sami. Finland,
Norway and Sweden and the Sami are negotiating a Nordic Sami convention. It has been
described as the “most ambitious initiative to address cross-border issues and an example of
how this recognition may both co-exist with and pose a challenge to preconceived notions
of State sovereignty.” 79 Other bilateral treaties exist, such as that between Sweden and
Norway, which allows indigenous Sami reindeer-herders from Sweden to use lands in
Norway and vice versa.
67.
The Inuit Circumpolar Council is another example of how indigenous peoples have
successfully worked together to build connections across international boundaries for
cultural exchanges and political coordination. 80 The Nenets district and the Republic of
Komi in the Russian Federation signed an agreement ensuring equal treatment for nomadic
reindeer herders in both neighbouring territories.
68.
The Torres Strait Treaty allows for freedom of movement without passport or visa
(albeit with strict permit conditions) between Australia and Papua New Guinea
communities for traditional activities, to protect the traditional way of life of Torres Strait
Islanders and the coastal people of Papua New Guinea. 81
69.
The decision of the Economic Community of West African States (ECOWAS) on
the International Transhumance Certificate provides for pastoral rights and obligations
throughout the ECOWAS zone.82 The objective of the agreement is to allow animals free
passage across the borders of all the member States; however, obstacles to its
implementation remain.83 The Nouakchott Declaration is an agreement of the six countries
of the Sahel (Burkina Faso, Chad, Mali, Mauritania, Niger and Senegal) that affirms the
importance of pastoralism as a right of pastoralist peoples. 84
F.
Focus on indigenous peoples in vulnerable situations
70.
Women, children, persons with disabilities and lesbian, gay, bisexual, transgender
and intersex persons experience migration, often disproportionally, compounded by
multiple and intersecting forms of discrimination, based on different facets of identity,
gender, age and ethnicity.
71.
The lack of data disaggregated by gender, age and other relevant factors, and of
systems to collect data on the prevalence of disabilities among indigenous children and
young people and on specific violations of their human rights, is a serious constraint in
assessing their challenges, including in the migration context. 85 It is likely that the barriers
faced by indigenous persons with disabilities, as expressed by the Committee on the Rights
of Persons with Disabilities, increases in the context of migration. For example, the
Committee expressed its concern at the law in Thailand which excludes non-Thai persons
with disabilities from benefiting from services and entitlements. Also, many children and
adults with disabilities are not registered, owing to the widespread stigma of being
identified as a person with a disability (see CRPD/C/THA/CO/1). Access to basic services
such as nutrition, health and education, is likely to become more difficult in the context of
78
79
80
81
82
83
84
85
16
Report on First Nation border crossing issues, 31 August 2017.
Imai and Gunn, “Indigenous Belonging”.
Ibid.
Australia submission.
ECOWAS decision A/DEC.5/10/98. The ECOWAS 15 member States have a total pastoral
population numbering in the tens of millions.
Danjuma D. Jise, ECOWAS draft paper, “The ECOWAS Protocol relating to the regulation on
transhumance between ECOWAS member States 1998/2003: challenges of implementation”.
The Nouakchott Declaration on Pastoralism: mobilizing jointly an ambitious effort to ensure
pastoralism without borders. Agreement concluded on 29 October 2013.
European Parliament, “The situation of indigenous children with disabilities”, 18 December 2017;
CRPD/C/BRA/CO/1; CRPD/C/KEN/CO/1.