A/HRC/EMRIP/2019/2 indigenous peoples, including in the context of migration. 6 The Committee on the Rights of the Child and the Committee on the Protection of the Rights of All Migrant Workers and Members of Their Families affirms that, “Every child, at all times, has a fundamental right to liberty and freedom from immigration detention … the detention of any child because of their or their parents’ migration status constitutes a child rights violation and contravenes the principle of the best interests of the child … children should never be detained for reasons related to their or their parents’ migration status and States should expeditiously and completely cease or eradicate the immigration detention of children. Any kind of child immigration detention should be forbidden by law and such prohibition should be fully implemented in practice.”7 10. The right to self-determination (see articles 3, 4 and 5 of the Declaration) is recognized as a foundational right upon which all other rights of indigenous peoples are dependent (see A/HRC/12/34). It relates to indigenous peoples’ right to control their own destinies, to live within and participate equally in the constitution and development of “governing institutional orders”. 8 The right of self-determination is recognized also in article 1 of the International Covenant on Civil and Political Rights and the International Covenant on Economic, Social and Cultural Rights. According to the Human Rights Committee, article 1 is interrelated with other provisions of the Covenant and rules of international law.9 11. Beyond State boundaries, indigenous peoples have the right to maintain and develop relationships with members of their community, as well as other communities within or outside their respective country (Declaration, art. 36). That right includes the right of indigenous peoples to trade in goods and services across borders (see E/C.19/2015/9, para. 3). Realizing that right presupposes some form of mobility, an intrinsic part of the lives and cultures of some indigenous peoples. Declaration rights linked to the right to selfdetermination and of particular relevance in the context of borders, migration and displacement include: the recognition of the right to land, not to be forcibly removed from their lands or territories, not relocated without their free, prior and informed consent (arts. 10, 25, 26, 27, 30 and 32); the right to a nationality (art. 6); the right to freedom from discrimination, to human rights and to fundamental freedoms as individuals and peoples (arts. 1 and 2); the right to enjoy economic, social, cultural and labour rights (arts. 17, 20, 21, 23 and 44); the right not to be subjected to forced assimilation or destruction of their culture (art. 8); the right to participate in decision-making and to have their free, prior and informed consent and conservation and protection of their environment (arts. 10, 11, 19, 28, 29 and 32); the right to protection of and access to historical and cultural sites (arts. 11 and 12), the right to determine their own identity (art. 33) and the right to restitution and compensation (art. 28). 12. Some of those rights will have particular relevance for cross-border 10 migration. While all Declaration rights relate to all indigenous peoples, indigenous elders, women, youth, children and persons with disabilities are indicated as warranting particular attention in the implementation of Declaration rights, including guarantees against all forms of violence and discrimination (art. 22). 6 7 8 9 10 4 See Human Rights Committee, general comment No. 36 (2018) on article 6 of the International Covenant on Civil and Political Rights, on the right to life. See joint general comment No. 4 (2017) of the Committee on the Protection of the Rights of All Migrant Workers and Members of Their Families / No. 23 (2017) of the Committee on the Rights of the Child on State obligations regarding the human rights of children in the context of international migration in countries of origin, transit, destination and return, paras. 5, 6 and 10. S. James Anaya, “The Right of Indigenous Peoples to Self-Determination in the Post-Declaration Era” in Claire Charters and Rodolfo Stavenhagen (eds.), Making the Declaration Work: The United Nations Declaration on the Rights of Indigenous Peoples (Copenhagen: International Work Group for Indigenous Affairs, 2009). See Human Rights Committee general comment No. 12 (1984) on the right to self-determination, para. 2. I.e., crossing State borders, from one State to another.