A/HRC/EMRIP/2019/2 13. Other relevant rights under the United Nations human rights treaties include the cross-cutting right of equality and non-discrimination, and article 12 of the International Covenant on Civil and Political Rights on the right to liberty of movement is an indispensable condition for the free development of a person. The rights for those lawfully in a State to freedom of movement within the whole territory of the State and to freedom to choose one’s residency, are particularly relevant for indigenous peoples. Subject to certain restrictions, the right to choose one’s residency includes protection against all forms of forced internal displacement. That right also includes the freedom to leave a country and the right not to be “arbitrarily deprived” of entering one’s own country, which has a particular importance for indigenous refugees seeking voluntary repatriation. It also implies the prohibition of enforced population transfers or mass expulsions to other countries. 11 Article 7 of the International Covenant on Civil and Political Rights and article 3 of the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment both prohibit the return of anyone to a State where there are substantial grounds to believe that they will be subjected to torture, cruel, inhuman, degrading treatment or punishment, irrespective of the person’s legal status or whether the person is a refugee. 14. Article 27 of the International Covenant on Civil and Political Rights recognizes the right of minorities to enjoy their own culture or to profess and practise their own religion and to use their own language in community with the other members of their group. The Committee has linked that right to the right to internal self-determination, to political participation (art. 25 of the Covenant) and to other rights in the Declaration, observing that article 27 “enshrines an inalienable right to indigenous peoples to freely determine their political status and freely pursue their economic, social and cultural development”.12 Article 27 confers rights on indigenous peoples who “exist” in a State: they do not need to be nationals, citizens or permanent residents and it is not dependent upon their recognition by the State. Thus, indigenous migrant workers or even visitors in a State cannot be denied the exercise of the rights under article 27. Those rights are also recognized in the African Charter on Human and Peoples’ Rights, the American Convention on Human Rights and the American Declaration on the Rights of Indigenous Peoples.13 15. Another relevant instrument on migration is the International Convention on the Protection of the Rights of All Migrant Workers and Members of Their Families, including articles 64 to 71, which relate to the promotion of sound, equitable, humane and lawful conditions in connection with international migration of workers and members of their families. There are also the Guiding Principles on Internal Displacement for the protection from displacement, during displacement and on humanitarian assistance, return, resettlement and reintegration (see E/CN.4/1998/53/Add.2, annex). The Special Rapporteur on adequate housing as a component of the right to an adequate standard of living, and on the right to non-discrimination in this context and the Committee on Economic, Social and Cultural Rights have jurisprudence and recommendations on forced evictions, the right to housing and States’ obligations thereto and also obligations prior to during and after evictions and remedies for forced evictions.14 16. Other instruments relevant to cross-border migration of indigenous peoples is the Indigenous and Tribal Peoples Convention, 1989 (No. 169) of the International Labour Organization, in article 32, concerning the need for Governments to facilitate cooperation between indigenous peoples across borders, and article 16, on relocation. Under the auspices of the United Nations Framework Convention on Climate Change, the Cancun 11 12 13 14 See Human Rights Committee, general comment No. 27 (1999) on freedom of movement. See Sanila-Aikio v. Finland (CCPR/C/124/D/2668/2015), para. 6.8. See IOM, Legal Aspects of Assisting Venezuelan Indigenous Migrants in Brazil (Brasilia, 2019), pp. 91–93. A/HRC/4/18; United Nations Human Settlements Programme, Assessing the Impact of Eviction: Handbook (2014); https://unhabitat.org/books/assessing-the-impact-of-eviction-handbook/; Basic Principles and Guidelines on Development-Based Evictions and Displacement, Special Rapporteur on the Right to Adequate Housing (2007), available at www2.ohchr.org/english/issues/housing/docs/guidelines_en.pdf. 5