A/HRC/EMRIP/2019/2 Annex Expert Mechanism advice No. 12 on the causes and consequences of migration and displacement of indigenous peoples within the context of States’ human rights obligations 1. The Expert Mechanism provides the following advice regarding the causes and consequences of migration and displacement of indigenous peoples within the context of States’ human rights obligations. Recommendations by other bodies such as the Permanent Forum, on Indigenous Issues,1 the Global Migration Group2 and the Special Rapporteur on the Rights of Indigenous Peoples, as well as the Representative of the Secretary-General on Internally Displaced Persons and the United Nations treaty bodies and other human rights mechanisms, are all relevant to the topic and should be taken note of by all parties, including in the context of the implementation, follow-up and review of the Global Compact for Safe, Orderly and Regular Migration. 2. States are encouraged to recognize past and ongoing injustices and develop new and innovative solutions to the challenges mentioned above, working with indigenous peoples, and with one another, to identify and address the rights of indigenous peoples in those contexts. All such measures must be undertaken in accordance with indigenous peoples’ rights of participation and the norm of free, prior and informed consent. Regional and international organizations should improve indigenous participation and dialogue. 3. States should take measures, in the context of the present study, to implement the United Nations Declaration on the Rights of Indigenous Peoples and the regional and United Nations human rights treaties and to avoid the violation of indigenous peoples’ rights. These include both individual rights to life, physical and mental integrity, liberty and security of person and collective rights to self-determination, non-discrimination, land, language and culture. States should ratify all relevant treaties, taking into account the uneven protection of those crossing borders owing to treaties unratified by some States. 4. States should recognize the rights of indigenous peoples: to maintain relationships with members of their community, including across borders and to enjoy and practise their culture, language and religion in community with one another; to a nationality; to their lands, territories and resources; to consultation and free, prior and informed consent; to life (including a dignified life) and liberty and security; to economic, social and cultural rights and labour rights; to freedom of movement; and to freedom from torture or to cruel, inhuman or degrading treatment or punishment (see para. 11 of the study). 5. Each State should review its national framework to ensure that it protects and promotes indigenous peoples’ rights in relation to migration, including the decriminalization of irregular migration. States should ensure that neither their laws nor the abuse of their laws are used to criminalize the work of indigenous human rights defenders and that allegations of abuse are promptly, independently and thoroughly investigated and perpetrators prosecuted. 6. States should ensure that indigenous peoples’ right to freedom of movement across their traditional territories internally and across international borders is fully realized, by facilitating their voluntary migration, in collaboration with indigenous peoples, whether it is to maintain relationships or engage in their livelihoods, including trade. They are also encouraged to take the necessary measures to ensure that indigenous peoples can maintain their traditional way of life, thus avoiding relocation. 7. States should recognize indigenous peoples as such to ensure that all their rights in the Declaration are fully realized, in particular their right to land, the legal security of which 1 2 www.un.org/development/desa/indigenouspeoples/wp-content/uploads/sites/19/2018/07/IDWIP-Keymessages-and-recs-.pdf. www.ohchr.org/Documents/Issues/Migration/PrinciplesAndGuidelines.pdf. 19