A/HRC/42/55
37.
The Chief of the Rule of Law, Equality and Non-Discrimination Branch highlighted
the following issues: the proposal for an international decade of indigenous languages as
supported by the United Nations system, including UNESCO and OHCHR; the importance
of the right to life in the context of a dignified life with regard to indigenous peoples; and
the study on recognition, reparation and reconciliation as an indication of many examples
of how dignity has been upheld. In addition, she referred to the country mandate of the
Expert Mechanism as a valuable opportunity to bring States and indigenous peoples
together in dignity and rights, and to resolve issues of mutual importance. Finally, she
encouraged indigenous peoples and States to accept future country engagement missions so
that the Mechanism could fully achieve its new mandate and objectives.
C.
Election of officers
38.
The outgoing Chair of the Expert Mechanism, Ms. Yamada, invited the members of
the Mechanism to nominate a Chair-Rapporteur and Vice-Chairs for the period 2019–2020.
Ms. Vars nominated Ms. Carpenter as Chair-Rapporteur and Ms. Davis and Mr.
Mansayagan as Vice-Chairs. All three were appointed by acclamation.
V. Study on indigenous peoples in the context of borders,
migration and displacement
39.
On opening agenda item 3, the Chair-Rapporteur stated that the Expert Mechanism
looked forward to receiving the views of indigenous peoples, States and United Nations
mechanisms and agencies on the draft study on borders, migration and displacement. She
welcomed the recommendations of indigenous peoples and other stakeholders as essential
to completing the study.
40.
The Chair-Rapporteur introduced the draft study. She reported that the Expert
Mechanism had received over 50 submissions from indigenous peoples’ organizations,
Member States, academics, United Nations agencies and other stakeholders for the
completion of the study.
41.
The Chair-Rapporteur noted that the study addressed the challenges that indigenous
peoples faced when they migrated, both voluntarily and involuntarily, and called attention
to the various articles of the Declaration on Indigenous Peoples that call for the protection
of the rights of indigenous peoples in those contexts. Historically, voluntary migration has
long been a part of the traditional ways of life of certain indigenous peoples for subsistence
and cultural reasons. While those patterns of movement had become more difficult with the
introduction of borders between States, article 36 of the Declaration recognized that
indigenous peoples had the right to maintain and develop contacts, relations and
cooperation across borders for various purposes, and that States must take effective
measures to ensure the implementation of that right.
42.
The Chair-Rapporteur noted that the study also identified the socioeconomic factors
that led to migration in other circumstances, such as disproportionate rates of poverty, a
lack of land and structural factors, including inequality and access to health, education and
housing. The different forms of forced movement, caused by non-recognition of indigenous
peoples were additional challenges examined in the study. As for movement across
international borders, the detention of indigenous peoples and the separation of children
from their parents was a major challenge. Border authorities often lacked understanding of
indigenous peoples, a situation which could create distrust and conflict between the
authorities and indigenous migrants. Furthermore, the often vulnerable situation of women,
children, persons with disabilities and lesbian, gay, bisexual, transsexual and intersex
persons was stressed, including their exposure to multiple and intersecting forms of
discrimination in the context of migration and border issues.
43.
A number of participants focused on preventive measures to minimize forced
migration and create the conditions for indigenous peoples to remain on their lands in line
with the Declaration on the Rights of Indigenous Peoples, including the rights to self-
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