A/HRC/EMRIP/2019/2
is fundamental to reduce conflict, including intercommunity conflict, as well as strengthen
indigenous territorial governance. States should also support the resolution of overlapping
claims between indigenous peoples created by their relocation, forced or otherwise, by
means of financial and other resources, such as dispute resolution services. States should
ensure remedies, reparations and compensation for past and ongoing displacement and
relocation of indigenous peoples.
8.
States should ensure that the rights of indigenous peoples are respected when
carrying out commercial, development, climate change mitigation and conservation
projects, including their right to consultation and free, prior and informed consent, and
should adopt the recommendations as advised in the study on that theme (A/HRC/39/62),
and the provision of restitution and compensation as contained in the Declaration. They
should involve indigenous peoples in their strategies on climate change in order to take
advantage of their traditional knowledge, valuable for ecosystem conservation.
9.
Indigenous peoples should be made aware of their rights under international human
rights law, including the Declaration, and options for taking cases domestically, regionally
and internationally.
10.
States should collect and analyse disaggregated data on indigenous peoples, in
cooperation/agreement with indigenous peoples, including on the basis of sex, age,
disability and all those crossing borders (internal and international) in order to develop
policies and programmes.
11.
States should pursue policies that promote the self-determination of indigenous
peoples, avoid assimilationist policies and have an intercultural focus, to ensure that those
who have migrated from their ancestral lands, including from rural to urban environments,
are able to maintain a link to their indigenous culture and identity. This could include
indigenous peoples’ centres in urban areas to address their needs and provide assistance,
including support mechanisms for voluntary return to their original communities. The
active and full participation of indigenous peoples through their own representative
institutions is crucial in developing, designing and implementing policies that affect them.
12.
States should ensure that indigenous peoples have adequate living conditions, as
well as essential and culturally appropriate social services, including relevant services for
vulnerable groups and those fleeing conflict, ensuring that their needs are recognized and
their suffering not compounded.
13.
States should guarantee greater investment and development opportunities in rural
areas for indigenous peoples, with a focus on traditional occupations, with full respect for
indigenous peoples’ own development concepts.
14.
States should use the Sustainable Development Goal process to develop new State
policies and practices to implement the Goals relating to migration.
15.
States should integrate indigenous issues across the international development sector
and consider how resources in the sector can assist developing States in addressing the
displacement, relocation and resettlement of indigenous peoples.3
16.
States should work with indigenous peoples to adopt measures to better identify
indigenous people at the borders (internal and international) and address the specificities of
their needs in terms of interpretation, due process, culturally adapted services and collective
decision-making, taking into account the particular needs of vulnerable groups (women,
children, persons with disabilities and lesbian, gay, bisexual, transgender and intersex
persons, as well as recently contacted and indigenous peoples in voluntary isolation, while
respecting their preferences.
3
20
Case Studies on Leaving No One Behind: A Companion Volume to the Development Co-operation
Report 2018, available at www.oecd-ilibrary.org/development/case-studies-on-leaving-no-onebehind_9789264309333-en; Australia submission.