A/HRC/EMRIP/2019/2
17.
States should adopt the necessary safeguards to avoid discrimination and abuse on
account of their indigenous status by receiving governments, host communities and other
actors.
18.
States should establish a presumption against immigration detention, including
ending the immigration detention of children and families. 4 States should immediately
identify and reunite children and families who are currently separated because of migration
or law enforcement policies.
19.
States should ensure that government officials, border and customs agents and the
police receive training in indigenous rights, including the Declaration, to ensure that they
understand the significance of cultural objects, including religious regalia, plants and
medicines for ceremonies, and facilitate their transit across borders for use by indigenous
peoples. Such training could take place with local indigenous peoples and could result in
cooperative agreements and guidelines for handling sensitive materials in immigration and
customs processes.
20.
States are encouraged to eliminate challenges and obstacles to self-government and
self-determination created by internal State boundaries, such as multiple and differing
jurisdictions, through treaties, agreements and other constructive arrangements. States
should ensure that differences among provincial or municipal jurisdictions do not create
conditions of inequality, deprivation and discrimination among indigenous peoples.
21.
States and United Nations organizations and agencies involved in the voluntary
return of indigenous peoples should be aware of and design their programmes of return in
accordance with the specificities of indigenous peoples’ collective decision-making
practices and with the rights in the Declaration and, where relevant, the Guiding Principles
on Internal Displacement (E/CN.4/1998/53/Add.2, annex). They should ensure that they
understand what voluntary return means for indigenous peoples, as opposed to individuals,
and establish the basic requirements of what is considered safe voluntary return for
indigenous peoples with regard to conditions in the country of origin. This may include: the
restitution of land and how this is to be addressed to specifically comply with indigenous
peoples’ rights; reconciliation taking indigenous culture and traditions into account, with
the involvement of indigenous peoples in peace processes; and issues relating to inclusion
and ways of addressing marginalization.
22.
States should recognize that migration across borders is a regional and a global issue
and should be addressed at those levels, including by engagement by regional groups such
as the Association of Southeast Asian Nations, or regional human rights commissions, as
well as through the process of review provided for in the Global Compact, taking into
account international law and the Declaration.
23.
States are encouraged to enter into bilateral and regional agreements, including in
situations of cross-border conflict or where international borders have been closed, to
address cross-border issues, such as indigenous identity cards (recognized by States across
borders).
24.
States affected by cross-border migration are encouraged to remind one another that
departure from their obligations under the Declaration and other international human rights
instruments contributes to migration. Affected States should also engage and work together
to find diplomatic solutions to protect indigenous rights domestically and in the migration
context.
25.
States should ensure that particular attention and assistance is provided to
indigenous peoples in vulnerable situations in the light of the high risk of violence,
disappearance, human and drug trafficking and sexual and labour exploitation.
26.
States should ensure that all allegations of violence by government officials, such as
border guards, the military and police, including against members of vulnerable groups, in
particular in situations of conflict, are prosecuted.
4
OHCHR, “Principles and Guidelines, supported by practical guidance, on the human rights protection
of migrants in vulnerable situations”, in implementation of the Global Compact.
21