Pursuant to its mandate under Human Rights Council resolutions 33/25 and 39/13, the Expert Mechanism on the Rights of Indigenous Peoples, at its eleventh session, decided to carry out the present study on the rights of indigenous peoples in the context of borders, migration and displacement, as reflected in the United Nations Declaration on the Rights of Indigenous Peoples.

For that purpose, the Expert Mechanism held a seminar in Chiang Mai, Thailand on 5 and 6 November 2018. This study was informed by presentations shared at the seminar and submissions by Member States, indigenous peoples, national human rights institutions, academics and others, listed below.

The Expert Mechanism presented a draft of this study for discussion at its session from 15-19 July 2019. The final version was presented to the Human Rights Council at its forty-second session (September 2019).

Summary

The Expert Mechanism recognizes the need to examine the issues concerning the nexus between migration and indigenous peoples. The limited work done to date on this topic, including the lack of disaggregated data on indigenous migration, limits and at the same time motivates the present study.

This study is intended to constitute a step forward in the understanding of the issues and needs of indigenous peoples, as they relate to the rights in the United Nations Declaration on the Rights of Indigenous Peoples. It explores the causes, consequences and experiences of indigenous peoples on the move, from an indigenous perspective, and will provide advice to States on how to ensure the protection of their rights of in that context.

The study concludes with Expert Mechanism advice No. 12 on the causes and consequences of migration and displacement of indigenous peoples within the context of States’ human rights obligations.