A/HRC/EMRIP/2019/2
60.
Difficulties in receiving permits or visas to attend religious ceremonies or visit
relatives have arisen for the Tohono O’odham, living between the United States and the
State of Sonora in Mexico. Others report onerous reporting requirements to move through
their traditional territory, including in the Akwesasne reserve between the United States and
Canada, where First Nations are required to report to border services at the border station
after they objected to border guards carrying firearms (see A/HRC/27/52/Add.2). There
have also been reports of the imposition of visas on the Amazigh to move between Libya
and Morocco for reasons of alleged terrorism. 74
61.
The closure of international borders exacerbates problems, as for the Amazigh
following the closure of the borders between Algeria and Libya and Algeria and Morocco,
resulting in the separation of and inability to visit family across the borders, to sell cattle
and buy medicines.75
62.
Sometimes where indigenous peoples live along international borders, State interest
in controlling migration is itself a cause of increased police and military presence on
indigenous lands. Indigenous peoples experience pressure from States to host law
enforcement and immigration authorities on their lands; are often subjected to harassment
and the demand for identification in their own communities, closure of access gates to reach
indigenous lands across the border and detention and violence at the hands of authorities. 76
On the other hand, indigenous land can play a significant role in “protecting” national
territories on the border, in particular where State authorities are lacking: this burden is
often overlooked by the State and others.
4.
Specific challenges across internal borders
63.
Additional problems occur for indigenous peoples in federal States. In British
Columbia, Canada, the Kaska Nation spans four jurisdictions (three provinces and the
federal jurisdiction) impeding their movement, in particular when it comes to traditional
hunting and harvesting and their ability to self-govern. In Tarahumara in Mexico,
the division across different municipalities creates conflict between indigenous peoples in
two different municipalities. 77 In the Russian Federation, the political, economic and
cultural rights of the Karelians in the Republic of Karelia are stipulated in the Karelian
Constitution and laws, while Karelians living in the Tverskaya region have only a right to
cultural autonomy. Vepsian people living in two regions of the Russian Federation can
obtain pension benefits, while others in a third region are denied that opportunity.
E.
Unique agreements
64.
Some States and indigenous peoples establish innovative means of resolving some
challenges mentioned above. The Jay Treaty of 1794, in North America, recognizes special
rights to cross the Canadian/United States border for Haudenosaunee and others. The
Kickapoo peoples, who live in the Mexico and the United States, remain unique in their
recognition by the Government of the United States as a binational indigenous community
that is secured relatively free passage across the Mexico/United States border.
65.
The Pascua Yaqui Tribe of Arizona, United States, was the first tribal nation to
develop and issue an enhanced tribal identification card: other tribes, such as the Kootenai
Tribe of Idaho, are now following suit. The tribe itself operates the federal programme. In
2017, Canada announced measures to address some Canada/United States border-crossing
74
75
76
77
Congrès Mondial Amazigh submission.
Ibid.
www.hcn.org/articles/indian-country-news-on-the-tohono-oodham-mexico-border-colonial-violencegoes-unpunished; www.usatoday.com/border-wall/story/tohono-oodham-nation-arizonatribe/582487001/; www.hcn.org/issues/50.5/tribal-affairs-how-the-u-s-mexico-border-has-split-thetohono-oodham.
Mexico submission.
15