A/HRC/EMRIP/2019/2
across the Mexico/United States border,43 from Colombia (the Awá people) to Ecuador (see
CERD/C/ECU/CO/23-24) and displacement within Colombia.
38.
The rise in armed groups in North Africa in recent years has forced the Amazigh,
who used to move freely around Algeria, Burkina-Faso, Libya, Mali, Mauritania, Niger and
Tunisia, to flee from their usual migratory routes. So too has the closure of international
borders between Algeria, Libya and Morocco.44 In Guatemala, violence, extortion, threats,
and the presence of organized crime all contribute to displacement.
39.
The Chittagong Hill Tracts region of Bangladesh continues to be one of the most
militarized areas in the world, following the settlement of non-indigenous peoples on
indigenous lands and ensuing conflict.45 Similarly, militarization, in north-east India with
the imposition of the Armed Forces (Special Powers) Act 1958 and in the Cordillera and
Mindanao regions of the Philippines has caused migration and displacement of indigenous
peoples within and across national borders. Intercommunity conflicts over political power
and territorial boundaries, caused by non-recognition of indigenous land (see
A/HRC/39/17/Add.2) are factors cited in Chiapas, Mexico for the displacement of 5,000
indigenous peoples (mostly women and many pregnant) in November 2017, causing a
humanitarian crisis. Such conflict is often exploited by other parties, including armed
groups, political parties and representatives of churches.
40.
Indigenous peoples also flee from claims of involvement in militant groups and
criminalization of human rights defenders. For example, attacks based on unfounded
suspicions that the Lumads in the Philippines were involved with militant groups (see
A/HRC/39/17). There are reports of the Afar and Kunama peoples having been targeted in
Eritrea, forcing several thousand to flee to Ethiopia. 46 The commission of inquiry on human
rights in Eritrea claimed reasonable grounds to believe that Eritrean officials have
intentionally and severely deprived Eritrean Kunama and Afar of fundamental rights
contrary to international law on ethnic grounds, sufficient to establish that they committed
the crime of persecution, a crime against humanity under the Rome Statute.47
41.
In the aftermath of conflict, indigenous peoples are not necessarily included in peace
agreements, their lands are not protected, and displacement is a consequence. Colombia is
an exception where an ethnic chapter was included in the peace agreement, recognizing the
disproportionate impact of the internal armed conflict on Afro-Colombian and indigenous
peoples and the need to include them in the construction of peace. 48 Also, the presence of
indigenous peoples in border areas is not necessarily a factor in the determination of
boundaries by tribunals, including the Eritrea-Yemen Arbitral Tribunal and the EritreaEthiopia Boundary Commission. Arbitrators chosen for the tribunals are not likely to be
familiar with the rights of indigenous peoples in border areas.49
5.
Climate change and natural disasters
42.
The sudden and slow-onset effects of climate change are undeniable causes of
migration. 50 “Environmental degradation, as a result of slow-onset processes, can
disproportionately affect indigenous peoples, who often rely directly on their environment
to meet their basic needs, thereby threatening the effective enjoyment of their rights to
food, water and health among others.” 51 Persistent drought, flooding, desertification,
43
44
45
46
47
48
49
50
51
10
www.ohchr.org/Documents/Issues/IPeoples/EMRIP/StatementonIPstopped_at_the_
borderJune2018.pdf.
Congrès Mondial Amazigh submission.
Asia Indigenous Peoples Pact submission.
See A/HRC/29/41. See also A/HRC/29/CRP.1.
See A/HRC/32/47. See also A/HRC/32/CRP.1.
www.ohchr.org/Documents/Issues/Defenders/StatementVisitColombia3Dec2018_EN.pdf.
See Jonas, “Conservation Standards”.
www.ohchr.org/Documents/Issues/ClimateChange/Key_Messages_HR_CC_Migration.pdf;
A/HRC/37/35; A/HRC/27/66.
https://www.ohchr.org/Documents/Issues/Migration/OHCHR_slow_onset_of_
Climate_Change_EN.pdf