56180173 indigenous routes a framework for understanding

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Indigenous Routes:

A Framework for

Understanding

Indigenous Migration



Te opinions expressed in the report are those of the author and do not necessarily reflectthe views of the International Organization for Migration (IOM). Te designationsemployed and the presentation of material throughout the report do not imply theexpression of any opinion whatsoever on the part of IOM concerning the legal statusof any country, territory, city or area, or of its authorities, or concerning its frontiers or

boundaries._______________

IOM is committed to the principle that humane and orderly migration benefits migrantsand society. As an intergovernmental organization, IOM acts with its partners in theinternational community to: assist in meeting the operational challenges of migration;advance understanding of migration issues; encourage social and economic developmentthrough migration; and uphold the human dignity and well-being of migrants.

Publisher: International Organization for Migration 17 route des Morillons 1211 Geneva 19 Switzerland el: +41.22.717 91 11 Fax: +41.22.798 61 50 E-mail: [email protected] Internet: http://www.iom.int_______________

ISBN 978-92-9068-441-1

© 2008 International Organization for Migration (IOM)_______________

All rights reserved. No part of this publication may be reproduced, stored in a retrievalsystem, or transmitted in any form or by any means, electronic, mechanical, photocopying,recording, or otherwise without the prior written permission of the publisher.

07_08



Indigenous Routes:

A Framework for

Understanding

Indigenous Migration

Prepared or IOM by Carlos Yescas Angeles Trujano*

* B.Sci. in International Business and LL.M. in International Human Rights Law.



3

Acknowledgements

Te journey started in 2001, when I got a call rom my liaison in northernMaine, USA, inorming me o the presence o some very “different” Mexicanson one o the arms. Soon afer, I was sitting in a barn talking to Fernandoand our o his relatives. In the background the Filipino migrants slaughtera pig and the Jamaican and Dominican workers listen to reggaeton in theirdormitories. Tis was one o the our camps in Aroostook County that Iregularly visited as part o my rounds to inspect worksites housing Mexicanmigrants.

Tis particular camp employed 65 Mexican nationals or the harvest obroccoli, most o them were long-time residents o Caliornia workingseasonally and only returning to Mexico during the Christmas break. I hadseen groups like this many times, composed mostly o males and a ewwomen employed to prepare ood and perorm other household activities,no children were admitted in the camp and employers provided shelterin dormitories and a simple kitchen. Te remarkable difference o this

group was the presence o five males rom the Zapotec indigenous groupo Mexico. Tey were the “different” Mexicans my liaison had mentionedand I ound their presence and relationship with non-indigenous Mexicansascinating.

Afer a long night talking, I learned o the journey Fernando and his ourcompanions had taken rom Oaxaca to find work in the US. Tey had firstmigrated to Caliornia and ound work in restaurants with the help o otherZapotec immigrants in the area. Ten, a mestizo Mexican recruited them oragricultural seasonal work. Teir first trip was to Georgia to harvest onionsand then to Maine or the broccoli season, to end in the apple orchards oWashington State, beore returning to Caliornia. I learned about their otherstops through contacts with Mexican Community Affairs Coordinators inother Mexican consulates. However, despite Fernando’s account o thismigratory pattern and that it had been going on or long time, no policyhad been put in place to specifically address their different needs.

From Fernando, the most fluent in Spanish, I learned o the discriminationthey aced rom non-indigenous Mexicans, the lower pay they receivedrom the oreman, and the jokes they endured or not speaking “proper”Spanish. I then talked to the capataz and asked about the difference in



4

Indigenous Routes: A Framework for Understanding Indigenous Migration

pay and the discriminatory treatment. Te response was short, but telling:“porque son indios”. His answer, the minimal inormation on indigenousmigratory patters, and the lack o policies addressing indigenous needsuelled my interest to study more and eventually produce this paper.

I would like to thank IOM or their visionary support to produce this work;the activities o the Organization around the world in protecting indigenouspeoples are exemplary. At IOM, New York, I owe the highest gratitude toAmy Muedin or her unwavering support and corrections to earlier versionso this paper. o Luca Dall’Oglio, Anke Strauss and elma icas or theirguidance and help, to Ilse Pinto-Dobernig or her constructive editing, tothe teams at IOM Colombia, and publications at headquarters or their

contributions. o Will and Georgina or their comments and translations,to my mother or her collection o clippings rom Mexican newspapers.All gaps in the research o this publication are only my own. Tis work isdedicated to the memory o my ather and to Fernando and his relatives. Iwill continue the fight to protect your rights.

Desde el piso treinta y uno. C. Yescas A. Trujano.



5

Contents

Acknowledgements ...........................................................................................3

Summary ........................................................................................................7

Abbreviations ...................................................................................................11

Introduction.....................................................................................................13Indigenous Peoples .....................................................................................14Migration .....................................................................................................15

Section 1 - Migration and Indigenous Peoples .........................................17

Section 2 - Internal and International Migration of

Indigenous Peoples .........................................................................................21Rural-rural Migration ................................................................................22Rural-urban Migration and Urbanization ...............................................24Displacement ...............................................................................................27Forced Removal, rafficking, and Smuggling .........................................31

Return Migration ........................................................................................35

Section 3 - Transborder Indigenous Migration ........................................39Sovereignty ..................................................................................................39Citizenship ...................................................................................................40

Section 4 - Migration effects on Indigenous Peoples ...............................45Employment ................................................................................................45Social Services and Housing......................................................................47

Identity ......................................................................................................51Section 5 - Indigenous Migrants’ Lives .......................................................53

Civic Organization and Political Participation .......................................53Remittances and ransnational Activities ...............................................55

Conclusion ......................................................................................................59

References ......................................................................................................61



7

Summary

International migration has not commonly been considered as part o theindigenous experience. A widespread view o indigenous communitiesreezes them in time and space, as static groups, deeply rooted in theirterritories and customs, and reluctant to accommodate change. Increasingly,however, indigenous individuals, amilies and groups are leaving theirlong-held territories as part o the phenomenon o global migration. Tesemigrations go beyond the customary seasonal and cultural movements oparticular groups. Modern migration o indigenous peoples is characterizedby its complexity in response to new conditions o industrialized andglobalized lives. Migrant indigenous peoples include individuals movingto more economically developed centres to seek opportunities, displacedcommunities and groups removed by orce.

Discourse on the migration o indigenous peoples has usually ocusedon their displacement or removal rom their ancestral lands. Te recentlyadopted United Nations Declaration on the Rights o Indigenous Peoples

acknowledges this common occurrence and recognizes indigenous peoples’right to “own, use, develop, and control” their lands and territories as wellas the right to redress when their lands have been confiscated.1 One mightrationally iner that a lack o these rights may act as a push actor in themigration o indigenous peoples.

It is, however, necessary to recognize that the migration o indigenouspeoples cannot only be limited to discussions on the dispossession otheir lands. International debate on migration at the United Nations2 and in national initiatives3 has turned its ocus on migration’s potentialdevelopment impacts.

Te United Nations Permanent Forum on Indigenous Issues (PFII) hasacknowledged the growing urbanization o indigenous peoples as wellas other migratory patterns. Te sixth session o the PFII in May 2007included a much-needed discussion on urban indigenous peoples and

1 United Nations Declaration on the Rights o Indigenous Peoples, UN Doc. A/RES/61/295, 13September 2007.

2 Such as the one conducted at the United Nations High-Level Dialogue on International Migrationand Development, rom 14-15 September 2006.

3 Te Global Forum on Migration and Development held in Brussels, Belgium, on 9-11 July 2007, wasa renewed effort to include migration in the global development agenda.



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migration, resulting rom an expert group meeting on this topic in March2007 held in Santiago, Chile. UN and non-UN organizations associatedwith the PFII are convening to discuss areas o collaboration on this topicand to strategize on ways orward. Because o this increasing trend and

the specific impacts o urbanization on indigenous peoples, the topic willremain an ongoing priority o the PFII in sessions to come. Te precedingevents acknowledge the importance o migration, and o indigenouspeoples’ migration in particular; yet this nexus has not received sufficientattention rom policymakers and researchers.

It is significant that the phenomenon o indigenous migration is as diverseas the individual communities involved. Te broad scope o indigenous

peoples migration also raises new questions and pushes the analyticboundaries o current migration theory. In order to accommodate theindigenous-specific experience, readers will find an unamiliar categoryintroduced: transborder indigenous migration. Migration theories arelargely based on the current modern understanding o state boundaries.From a historical perspective preceding the ormation, o modern states,indigenous identities may coincide to varying degrees o approximation tothese bounded state entities. However, sometimes communities’ territorieswere drawn outside o internationally recognized boundaries. Te special

relationship o indigenous peoples to states calls or the delineation o thisnew category.

Tis paper seeks to establish that indigenous peoples are a dynamic elemento modern and centuries-old movements o peoples, raising questions orpolicymakers, indigenous activists and researchers alike. Why is indigenousmigration important? How is indigenous migration changing indigenouscultures? Do they lose their identities as indigenous peoples when theyleave their traditional lands? And how can we analyse indigenous migrationaccording to existing categories o migration?

An emerging literature on the migration o indigenous peoples has begunto supply some answers. Anthropologists, historians and economistshave published an increasing number o articles and books over the past15 years, using diverse questions and methods. However, official data onthe migration o indigenous peoples as well as policies to aid indigenousmigrant communities remain limited. Social scientists have concentrated

on questions o identity, liestyle changes and impacts on group dynamics;economists have looked into solving disputes over ownership o naturalresources and courses o economic development. Recently, human rightslawyers and advocates have begun to research into indigenous peoples’rights in places o origin, transit and destination. Concentrating on



9

Summary

individual cases, there is a great deal o depth in much o this research, butno roadmap that would give migration policy experts a broad overview.

Here, the principal aim will be to provide a ramework o the migratory

experiences o indigenous peoples, as the terrain on this topic remainsuneven. In some instances, there are well documented cases in academicresearch. Other areas lack inormation on specific indigenous experiences.At present, disaggregated data on indigenous peoples’ migration are notwidely collected in a orm that would allow researchers and policymakersto analyse the real spectrum o indigenous migration around the world.Some will argue that this lack o official data reflects that this is a small-scale phenomenon and one not necessary to research. However, its

considerable scope can be glimpsed through ethnographic investigation,as well as gleaned through survey and census inormation not designedto detect data on indigenous migration. It is important to pursue policieson the collection o disaggregated data to gain a greater understandingo indigenous migration and to allow countries o origin and destinationto engage in joint efforts to promote orderly migration. Collectingindigenous migrant specific data, will urther aid governments to enrichacademic research and propose specific policies to better serve indigenouscommunities. Furthermore, states would benefit rom better inormed

development schemes as well as through improvements in the lives oresident individuals and communities.

Certainly, disaggregated data onindigenous peoples would help inorm policies that affect them, and thiswould not be limited to their migration, but also on other issues such astheir attainment o the Millennium Development Goals (MDGs).4

This paper reviews the major causes and circumstances of indigenous

peoples’ migration. It identies some patterns reected in the research

and gives examples from most regions of the world. The main identied

patterns are: 1) urbanization of indigenous individuals and communities;

2) transborder indigenous migration; and 3) international migration of

indigenous individuals. They are analysed from the perspective of the

migrant indigenous communities.

4 Te desk reviews carried out by the Secretariat o the PFII in 2006 and 2007 ound that indigenouspeoples were ofen lef out o national MDG monitoring. For more inormation on this topic seehttp://www.un.org/esa/socdev/unpfii/en/mdgs.html (last visited on: 22 January 2008)



11

Abbreviations

ABS Access and Benefit Sharing

CBD Convention on Biological Diversity

ECLAC Economic Commission or Latin America and theCaribbean

FARC Fuerzas Armadas Revolucionarias de Colombia

FIOB Frente Indígena de Organizaciones Binacionales

HIV Human Immunodeficiency Virus

HRC Human Rights Committee

IACtHR Inter-American Court o Human Rights

ICJ International Court o Justice

IDP Internally Displaced PersonsIFAD International Fund or Agricultural Development

ILO International Labour Organization

IOM International Organization or Migration

IWGIA International Work Group or Indigenous Affairs

MDG Millennium Development Goals

OHCHR Office o the High Commissioner or Human Rights

ONIC Organizacion Nacional Indigena de Colombia.

UN-HABIA Te United Nations Human Settlements Programme

UNESCO United Nations Educational, Scientific and CulturalOrganization

UNPFII U.N. Permanent Forum or Indigenous Issues

WIPO World Intellectual Property Organization



13

Introduction

Te bulk o available research on indigenous peoples’ migration is primarilyconcentrated on two types o movements: internal migration to cities andinternational migration. However, the relative scarcity o research on othermovements should not be construed as a lack o other orms o indigenouspeoples’ migration; rather, this gap o academic research reflects insufficientspecific inquiry into other occurring situations.

Most o the inormation on the migration o indigenous peoples emerges asa subsection in the study o major migration trends rom countries in theglobal south. Research on the urbanization o indigenous communities isor the most part ound in the review o urban strategies to alleviate poverty.Yet, another set o inormation comes rom the analysis o internationalmigratory flows to countries o destination.

Studies into the migration o indigenous peoples to Canada, the UnitedStates, and Western Europe are analysed rom the point o view o receiving

countries. Te study o these migrations is mostly concerned with theregulation o immigration influxes rom oreign communities. o date, themigration patterns o indigenous peoples to industrialized countries havereceived the greatest attention rom researchers, the international mediaand NGOs. Only recently has south-south migration o indigenous peoplesbegun to emerge as a topic o interest at international orums.

Another characteristic o the current state o research is the very limited

participation o indigenous scholars on the effects o migration in theircommunities. For the most part, indigenous scholars have remainedinterested in issues o treaties and laws, official recognition and identity, oreconomics and development. Some indigenous activist groups, however,are organizing to ensure equal representation o their interests in all stateaffairs and have paid greater attention to the benefits o migration. Still,their access to official negotiations remains sporadic and their policydemands are or the most part limited to those matters directly affectingtheir survival as distinct groups.

In order to analyse indigenous peoples’ migration, it is necessary to clariytwo key terms: (a) Indigenous Peoples and (b) Migration. Tese areexplained below, as they will be used throughout this work.



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Indigenous Peoples

A definition o the term Indigenous Peoples has not been adopted at theinternational level. Te most commonly used working definition is:

Indigenous communities, peoples and nations are those which, havinga historical continuity with pre-invasion and pre-colonial societies thatdeveloped on their territories, consider themselves distinct rom othersectors o the societies now prevailing in those territories. Tey orm atpresent non-dominant sectors o society and are determined to preserve,develop and transmit to uture generations their ancestral territories, andtheir ethnic identity, as the basis o their continued existence as peoples, in

accordance with their own cultural patterns, social institutions and legalsystems.5

Tis working definition is generally applicable to the research presented here.However, a word o caution is necessary. Te connection to “territoriality”should be approached with due care. While land rights are a central demando most indigenous peoples around the world, the possession o an indigenousterritory should not be a requirement or a community to be recognized asindigenous. Such a requirement could disqualiy communities that have

no recognized territory, were evicted rom their lands or have migrated.Conversely, a revision o this working definition should not be perceived asan attempt to deny the existence o any indigenous peoples or their right tosel-determination.

Other definitions exist at national levels, but the term varies rom countryto country, reflecting situations on the ground. Te diverse range atteststo the difficulty o adopting a ormal international definition. It should

indeed be cautioned against adopting such a definition as any delineationor qualification could lead to the disenranchisement o individuals andgroups who have adapted to modern circumstances or no longer residein their territories, but are determined to otherwise preserve, develop andtransmit their indigenous identity and cultural heritage.

5 Jose Martinez Cobo, Study o the Problems o Discrimination against Indigenous Populations, UNDoc. E/CN.4/Sub.2/1986/7 and Add. 1-4, 1972.



15

Introduction

Migration

Te second key term in need o explanation is “Migration”. In this case, thedefinition by the International Organization or Migration (IOM) is the

most helpul:

A process o moving, either across an international border or within aState. It is a population movement, encompassing any kind o movement opeople, whatever its length, composition and causes; it includes migrationo reugees, displaced persons, uprooted people, and economic migrants.6

Tis definition includes both internal and international movements and

does not avour any one type o migration over another, be it inducedeconomically, environmentally or through conflicts, or personally chosen.In the case o indigenous peoples’ migration, this broad definition provesuseul to reer to the many types o movements indigenous communitiesare involved in. Such migration patterns include the internal rural-ruralmigration and international rural-urban movements previously mentioned.Some other types o migration patterns also include internal rural-urbanand return migration; displacement through environmental degradation,armed conflict, or government policy; transborder indigenous migration

into neighbouring countries, and international rural-rural migration.Detailed explanations o some o these types o migration can be oundin the Glossary on Migration published by IOM,7 and examples are hereprovided o indigenous migrations

Te term transborder indigenous migration is introduced in this work toreer to the movement o individuals or amilies rom the same indigenousgroup within its ancestral territory that straddle international borders.

Te establishment o national borders ollowing decolonization and thecreation o modern nation-states divided many indigenous peoples andtheir lands. Tese borders now separate single, contiguous indigenouscommunities, dividing them between the administrative rules o differentcountries. Some o these separated communities still move within theirterritory, now straddling an international border. Tese movements areconsidered international migration, even when the communities have notstepped outside their own ancestral territories.

An example o this type o migration is the seasonal movement o the Mayacommunity rom Guatemala to the southern Mexican state o Chiapas to

6 Perruchoud, Richard (Ed.), Glossary on Migration, IOM, 2004.7 Ibid .



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labour in the coffee plantations o that region. Other communities existaround the world and some o the countries encompassing them haveentered into bilateral agreements with neighbouring states to allow theree movement o indigenous groups within their ancestral territories.

For instance, arrangements exist in the three North American states orthe transborder migration o some indigenous peoples.8 Elsewhere, similararrangements exist or ethnic and religious minorities, such as allowancesor the ree movement and naturalization o ethnic Hungarians romRomania and Slovakia in Hungary.9 Tese movements have been studiedas transnational ethnic migrations. In contrast to indigenous peoples,these ethnicity-centred migrations are typically promoted by one statethat has the interest to protect its ethnic co-nationals who orm a minorityin a oreign country. ransborder indigenous peoples, however, do notconstitute the ruling majority in any modern state. Tereore, agreementsbetween countries or transborder movement o these indigenous peoplesare specifically crafed to protect minorities o both states. Te implicationso this situation and examples o communities are presented in sectionthree o this work.

Indigenous peoples’ migration raises specific issues rom a human rightsperspective which recognizes indigenous peoples as rights holders with an

active role in decisions that affect them.

8 In 1974, a treaty was signed between the United States and Great Britain, which recognized somepassage rights or indigenous peoples on the border o the US and Canada. Te reaty o Amity,Commerce and Navigation, Nov. 19, 1794, United States-Great Britain, 8 Stat. 116, .S. No. 105,most commonly know as the Jay reaty, contains some provisions or North American tribes. For acomplete discussion o the treaty, subsequent agreements and implementation, see Sharon O’Brien,“Te Medicine Line: A Border Dividing ribal Sovereignty, Economies and Families”, 53 Fordham LawReview (1984-1985): 315-350. Specifically on this topic, see pp. 316-321. Provisions also exist or oneindigenous community on the United States-Mexico border. For an analysis o those arrangements,see Megan S. Austin, “A Culture divided by the United States-Mexico Border: Te ohono O’odhamclaim or border crossing rights”, 8 Arizona Journal o International and Comparative Law (1992):97-116. Specifically on this topic see pp. 107-109. Tese examples are urther explained in this workin section three, ocusing on the migration o transborder indigenous peoples.

9 William Underhill, A place to call home: Should all ethnic Hungarians be granted citizenship?Newsweek, Vol. CXLIV, (Nov. 29, 2004), p. 29.



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Section 1 – Migration andIndigenous Peoples

Tis section reviews issues related to the indigeneity o individuals,community movements and how these concepts can shape a generalunderstanding o the migration o indigenous peoples or policymakers.

As previously noted, there is no ormally adopted term defining indigenous

peoples. At the international level, this term is used primarily to representthe entirety o native, tribal10 and aboriginal communities, first nations,and peuples autochtones11 rom all regions o the world. Tis umbrella termis employed by various groups to advance the recognition o their rights,including the right to sel-determination, at the international level.

At the local level, however, those same communities are defined by theirmembership in a specific community. For instance, it should be understoodthat when we talk about indigenous peoples rom Arica, we are in act

reerring to Maasai, San, or uareg communities, among hundreds o othersin that continent. At the international level, they may be treated as onegroup in order to better advocate or their rights in international politicalorgans such as the United Nations General Assembly. Nevertheless, it is

vital to keep in mind that these communities are as varied as the recognizednation states and their experiences cannot be homogenized through ablanket terminology.

Indigenous individuals are not members o a single group, but are connectedwith three main groups: 1) their community o origin; 2) a country andits society; and 3) the international indigenous movement. Te strongestalliance an indigenous individual has is most ofen to his or her indigenouscommunity. Sel-identification as members o a community and thereciprocal recognition by that community gives indigenous individualstheir first link to a specific group. In broad terms, this is how membershipo an indigenous community is established. Mutually recognized groupidentity is then the key to a person’s indigeneity (Lawrence, 2004: 21).

10 Tis term has allen into disuse as it has negative connotations relating to the colonial era and thecategories created under colonial regimes.

11 erm commonly used in French to describe indigenous peoples (PRO169 eam, 2006: 24). [Copyavailable with author]



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Te second link is to a country and its society, a connection established bycitizenship. A person acquires a particular citizenship by birth within theterritory o a state – jus soli –, by blood lineage – jus sanguinis –or throughnaturalization. Citizenship is considered among the most important

individual human rights because it allows individuals to benefit rom thediplomatic protection o the country o citizenship in reciprocity or loyaltyto that country (ICJ, Liechtenstein v. Guatemala [Nottebohm case], 1955).

Te third link is to the international indigenous movement. At present, thislink does not carry any specific responsibilities or benefits or indigenousindividuals or communities. Nevertheless, coalitions created by indigenousgroups are responsible or bringing to light many issues o disenranchised

communities around the world and or the highlighted attention by theinternational community to their situation (Anaya, 2006: 111). Examples othis include the Working Group on Indigenous Populations, which helpeddraf the UN Declaration on the Rights o Indigenous Peoples, and thePermanent Forum on Indigenous Issues whose 16 indigenous membersare mandated to raise awareness o indigenous issues throughout the UNsystem.

Indigenous peoples’ ability to navigate these three groups remains the

most important tool in their continuous survival as distinct communitiesaround the world. However, the pressure to assimilate to a non-indigenoussociety grows stronger as globalization becomes a reality at all levels osocial organization. Among the most pressing issues in the assimilationo indigenous peoples is their migration. Individuals who have lef theirterritories ace greater pressure to assimilate because o the limited positivereinorcement o their culture, normally provided by their communitieswithin their own territories.

For this reason, important issues o identity and integration o indigenouscommunities relate to their migration. It has been suggested that indigenouscommunities that are no longer present in their territories, or who havechanged their traditions to accommodate their new realities, should nolonger be considered indigenous and no specific or special treatmentshould be afforded to them based on those claims. In other words, it is ofenheld that indigenous identity is lost when a community appears to haveassimilated, when it is no longer present in its ancestral territories or i it has

embraced non-indigenous behaviour (Roney, 2003). Te adoption o a newlanguage or religion is among the most common reasons advanced to arguethat an indigenous community has lost its claim to indigeneity. However,such claims ofen only serve to limit rights or indigenous peoples. o avoidreactionary discourse that could disqualiy indigenous peoples rom being



19

Section 1 – Migration and Indigenous Peoples

able to advance their rights, it is important to address these arguments bylooking at the various experiences o indigenous migrants, as well as toexisting law and international conventions created or their protection.

Indigenous experiences will be analysed in the ollowing sections withinthe ramework provided in the introduction, while the legal arguments willbe included in this section.

At the international level, the two binding documents on indigenous peoples’rights are the ILO Conventions Nos. 10712 and 169.13 Tese instrumentscombined have been ratified by 35 states and grant rights to indigenouspeoples under international law. ILO Convention No. 169 replaced

Convention No. 107 in 1989 to rerame the relationship between indigenouspeoples and the state. Te parameters previously set in ILO Convention No.107 were seen as being too limited. Te subsequent convention recognizedthe desire o indigenous peoples to remain distinct and to determinetheir development on their own terms. With this recognition, indigenouspeoples, who migrate, change their liestyles, or join the non-indigenoussociety are able to preserve their identities and claim specific rights or theircommunities.

It is now agreed that the most important qualification to claim indigeneityis the sel-identification o communities as indigenous peoples. Tis sel-identification prevents authorities rom defining indigeneity based on aset o parameters defined by the non-indigenous society, while allowingindigenous peoples to preserve, develop and transmit their indigenousidentity and cultural heritage. Te principle o sel-identification is also themost appropriate in relation to migrant indigenous communities, ocusingon membership o the individual in an indigenous community rather than

stressing territoriality o groups, allowing communities to seek their sel-determination regardless o location or migratory status.

12 Convention concerning the Protection and Integration o Indigenous and Other ribal and Semi-ribal Populations in Independent Countries, adopted on 26 June 1957, in orce since 2 June 1959.ILO C. 107.

13 Convention concerning Indigenous and ribal Peoples in Independent Countries, adopted on 27June 1989, in orce since 5 September 1991. ILO C. 169.



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Section 2 – Internal andInternational Migration ofIndigenous Peoples

Te internal and international migration o indigenous peoples has manyacets including: (a) rural-rural migration; (b) rural-urban migrationand urbanization; (c) displacement; (d) orced removal; and (e) return

migration. wo circumstances specific to international migration areelaborated urther: international protection or reugees and trafficking andsmuggling o indigenous persons.

Te literature first records cases o modern international indigenousmigration at the beginning o the 1940s. International migrations previousto the decolonization period are not considered here, as the workingdefinition on indigenous peoples sets this historical era as the starting pointto commence consideration o “indigenous” issues.

Tose first accounts are o P’urepecha peoples migrating to northern Mexicoand the southern United States rom the Mexican state o Michoacan. TeBracero Programme encouraged these first movements in North America.Impoverished communities rom the southern Mexican states travelled insearch o employment opportunities to the agricultural areas on the WestCoast o the United States, mostly in Caliornia. Indigenous peoples tookpart in this programme, but their experience has not been specifically

documented, and or the most part they were categorized without urtherdifferentiation rom other peasants (Rivera Salgado, 2004: 7).

Although the types o international movements presented here generallyresemble the corresponding categories in internal migration, two maindifferences exist. First, all types o migration reviewed in this section involvea movement across internationally recognized borders; thereore, different

jurisdictions apply to migrants. Generally speaking, the rights o migrantsare not as well protected in countries o destination as those o citizens.Secondly, in many cases indigenous peoples represent an even smallernumerical minority in countries o destination, making their communitieseven more vulnerable. While ear o disappearance o indigenous culturesis present in countries o origin, incentives to remain and assimilate



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into the host societies in countries o destination and barriers or returnmigration constitute challenges to the ability to maintain an indigenousidentity abroad. In some cases, however, indigenous international migrantcommunities have organized in their places o destination to reclaim and

maintain their unique identities. Examples like the Frente Indígena deOrganizaciones Binacionales (FIOB) or the Grupo Maya in the United Stateshave helped indigenous migrants maintain their indigenous identitiesabroad (Fox and Rivera Salgado (eds.), 2004: 154-155; 384).

Next is a review o the types o migration that indigenous peoples areinvolved in either in their countries o origin or internationally.

Rural-rural Migration

Internal rural-rural migration is the movement o peoples rom one ruralarea to another within the same country.14 In the case o indigenous peoples,this migration involves groups o two distinct types: settled and nomadic.

Migration o indigenous peoples rom settled communities that reside inrural areas can be voluntary or orced, depending on the conditions present

at the places o origin. Examples o voluntary migrations are seasonalmovements during harvesting periods o workers participating in the casheconomy. Some o those communities migrate to jobs in the agricultural,orestry or fishing industries. Forced rural-rural migration o indigenouspeoples is reviewed in the section below explaining actors in the internaldisplacement o indigenous communities.

Te second type o internal rural-rural migration is the movement o

nomadic communities in rural areas in keeping with social, economic orcultural traditions. Nomadic migration is considered neither voluntary nororced, as it exists independently o the relationship between indigenouspeoples and countries. In many cases, these migratory patterns haveexisted or hundreds o years, preceding the creation o nation states,taking advantage o different climates, harvesting periods and allowingcommunities to perorm cultural rites and participate in social interactionswith other groups. In modern times, nomadic liestyles have comeunder pressure by the depletion o natural resources, the introduction o

government land policies, and economic strain. Tese situations make

14 Rural areas may include small fishing and coastal areas, towns concentrated in the production oraw materials (i.e. mining, timber, etc…), or communities directly related to the agricultural andranching industries.



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Section 2 – Internal and International Migration of Indigenous Peoples

nomadic peoples more vulnerable to constant pressures rom authorities tosettle and adopt sedentary liestyles.

Peoples like the Maasai o anzania and Kenya, or the Bushmen rom

Southern Arica are perhaps the most amiliar nomadic communities, butother indigenous groups exist around the world. Te Fulbe pastoralist romMali and the Sami reindeer herders rom Scandinavia are urther exampleso communities who have retained their semi-nomadic liestyle (de Bruijnand van Dijk, 2003; Lie, 2003).

For international migrations, the Mixtec and Zapotec migrants in theUnited States and the Maya in Mexico exempliy the widespread incidence

o international migration to rural areas in countries o destination. As themajority o indigenous peoples’ skills and knowledge find little recognitionoutside o their particular communities, they are considered “low skilledworkers” when they join the industrial economy and their skills are mostofen employed in the agricultural, fishing, and orestry industries.

Perhaps the most common orm o rural-rural international migration isthe movement across international borders into neighbouring countries.As might be expected, border communities move more easily to countries

within the same region or reasons o cultural and spatial proximity. Anexample o this type o migration is the current seasonal movement o theNgäbes15 o Panama into rural areas o Costa Rica or the coffee harvest, orwhich IOM has initiated a literacy programme to aid the migrant Ngäbesin Costa Rica.

Rural-rural migration, at least internally, appears to cause the leastdisruption to indigenous peoples’ lives, as it tends to be seasonal and short-

term with only minor impacts on liestyles. However, studies on the ulleffects o rural-rural migration o indigenous peoples are still needed tohelp countries guarantee the necessary saeguards to ensure the rights otheir native populations. In the case o nomadic communities, rights opassage through areas without harassment and the preservation o theircultural sites will help to strengthen their communities and traditions.Governments should ensure that migrant communities retain their rights to

15

Te Ngäbes and Buglés are collectively known as Guaymí. Te Guaymí were a semi-nomadiccommunity that has now settled in Panama and Costa Rica. In this instance, this community is notconsidered as a transborder indigenous peoples group because the movement documented here isoutside the territories o the Ngäbes in Costa Rica. However, some sources point to an agreementbetween the leaders o this indigenous group and the governments o Panama and Costa Rica toallow the ree passage o people between the two countries, inormation ound in UN Doc. A/47/18para. 107. Te existence o such agreements could not be independently confirmed.



24


land, governance and autonomy even when they are not physically presenton their lands. Without such assurances, encroachment upon indigenouspeoples’ lands and resources is inevitable, especially in cases where much othe community is compelled to migrate or economic reasons.

Rural-urban Migration and Urbanization

Urbanization and internal rural to urban migration are two distinctphenomena. However, they are included here under the same headingto collectively address three trends leading to the increased presenceo indigenous peoples in cities. Tose trends are: (a) the movement o

indigenous peoples rom their places o origin to cities; (b) the process oabsorption o indigenous peoples into city lie; and (c) the transormationo indigenous territories into urban centres within their country oorigin.16 Although only the first is considered as a migration process by acommunity, the other two trends highlight the complexity o indigenouspeoples’ realities. Te increasing numbers o indigenous peoples present incities is the direct result o either one, two or all three trends. In addition,there are indigenous peoples who have resided in cities or generations andare not new migrants.

Rural-urban internal migration is perhaps one o the most pressing issuesaffecting indigenous peoples around the world today. Many indigenouscommunities have started to migrate to cities in their countries o origin inthe hope o economic development in urban centres. However, this movecan prove extremely difficult or indigenous communities who have toadapt their cultural practices, liestyles, and economic expectations to fit inwith their new urban locations.

Indigenous peoples who have migrated to cities have commonly oundthemselves at the ringes o society. Among the many reasons arediscrimination, lack o marketable skills or city living, lack o ormaleducation, and language differences. Te hardships aced by indigenouspeoples in cities are directly related to their weakened economic and socialconditions. Some o the most pressing situations they ace are insufficient

16 Te transormation o indigenous territories into urban centers could take two directions. One

is the historical development o indigenous urban centers into colonial cities, such as the case oenochtitlan, which is the present site o Mexico City. Te other is the more modern phenomenonwhere cities expand into neighbouring areas, which may include indigenous territories. An exampleo this process has been the described as avelização o the Guarapiranga and Jaragua indigenousterritories absorbed by the city o Sao Paulo in Brazil. Mr. Pereira Dias o VIVA Internationalmentioned this situation during a NGO presentation at the 51st Session o the Commission on theStatus o Women at the United Nations in New York on 1 March 2007.



25


or lacking access to healthcare, education and housing. Tese issues will beurther reviewed in section our.

Until recently, the study o indigenous peoples’ urbanization has been

subsumed under research on migratory movements o peasants rom ruralplaces to cities, without acknowledging the distinct differences betweenthese communities. Now, advocacy or poor migrants in cities has includeddemands to recognize the special circumstances o indigenous peoples.Teir central demands include culturally pertinent education, respect ortheir types o organization and promotion o their traditions.

An indigenous presence in urban areas exists in most countries with a native

indigenous population. Te experiences o two communities highlight thepotential or greater study on the urbanization o indigenous peoples. TeMaori in New Zealand and the Mapuche in Chile are among the most highlyurbanized communities around the world. According to one study, over 83per cent o the Maori community now live in or around urban centres inNew Zealand (IWGIA, Gover, 2002: 61). Te rural-urban internal migrationo the Maori peoples is historically described as the astest urbanization oany national indigenous or non-indigenous group in any country (Pool,1991). Afer the Second World War, the Maori peoples started to migrate

in greater numbers than ever beore. Now, 70 per cent o Maori individualsreside outside their traditional lands (IWGIA, Gover, 2002: 61).

Te second most heavily urbanized indigenous community are the Mapuchein Chile. Official figures show that in Chile over 60 per cent o indigenousindividuals now live in an urban setting (oledo Llancaqueo, 2007:3).One o the most significant changes or the Mapuche is the urbanizedindigenous individuals’ increased economic participation in communal

ceremonies and activities. Bello mentions that Mapuche migrants residingin cities provide most o the resources utilized to organize the nguillatun17 ceremony (IWGIA, 2002: 44). Sponsorship o ceremonies by urbanizedindigenous peoples has encouraged rural indigenous migration to cities,as urban migrants are seen as being better equipped with resources tomaintain the indigenous identity o the community, creating what has beentermed “cultures in Diaspora” (Shields, 2004). In the case o the Mapuche,this has not heralded the dissolution o their indigenous culture, but rathera reraming o indigenous peoples’ lives.

17 Te nguillatun is a Mapuche ceremony to ask their gods or climate or harvests and to stop diseases(Ríos Montero). Explanation available online in Spanish at the University o Chile’s - Museo de ArtePopular Americano website. Available at: http://www.mapa.uchile.cl/artesamapuche/historia.htm(last visited on: 22 January 2008).



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Other indigenous peoples currently migrating internally rom rural to urbancentres are the Maasai in anzania, the Embera in Colombia, and the Inuitin Canada (IWGIA, 2002). Researchers around the world are looking intothe impacts o the urbanization o indigenous peoples18 and greater awareness

o their living conditions in cities is being promoted.

While rural-urban international migration is apparently less common,increasing numbers o Maya, Mixe, and Saraguro peoples work in theservice industries in the United States, Canada and Spain. Te experienceso indigenous peoples migrating to cities in other countries are not yetwell documented. Tis would change i appropriate questions were to beincluded in the 2010 round o international censuses, which could produce

hard evidence to shed light on the situation o international indigenousmigration to urban centres abroad.

In 2000, the Brazilian census produced the numbers o oreign indigenouspeoples settling in the cities o Sao Paulo and Rio de Janeiro. According tothe figures presented by ECLAC, during the 2007 Expert Group Meeting onUrban Indigenous Peoples and Migration, indigenous peoples accountedor 0.1 per cent o oreign migrants moving into Brazilian cities (Rodriguez,2007: 13). Researchers have also presented examples in different ora on the

international migration o indigenous peoples, including the Cañaris andOtavaleños rom Ecuador migrating to Andalusia in Spain (Cruz Zúñiga,2005).

Still, specific data on indigenous peoples’ migration is only sporadicallycollected. Teoretical work has been done, but large-scale studies anddemographic testing have not. Gathering disaggregated data wouldultimately help to better inorm policies and thus indigenous communities.

Te collection o such data would benefit both national authoritiesand indigenous peoples and help to include indigenous organizationsand communities when designing surveys and censuses to ensure thatindigenous individuals and communities are accurately accounted or.

18 For more inormation on ongoing cases and ways to address the different situations o indigenouspeoples in urban settings, reer to the conclusions and recommendations rom the Expert GroupMeeting on Urban Indigenous Peoples and Migration, 27-29 March 2007, ECLAC, Santiago, Chile.



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Displacement

Rural-rural and rural-urban internal movements can also result rom orcedinternal displacement prompted by changes in the security o indigenous

peoples in their places o origin. Te causes o orced migration are dividedinto natural phenomena and those prompted by human activities. Forcedmigrations recorded under natural phenomena include any movementdue to natural disasters or progressive environmental degradation. In thepast, the displacement o indigenous peoples through human activities hasresulted rom development projects, industrial environmental destruction,armed conflict, and governmental policies. Environmental degradationaffecting indigenous peoples can involve changes to the environment

such as erosion, deorestation, drought, or the extinction o certain plantsand animals. For communities that rely heavily on seasonal crops, fishingand hunting seasons and the resources rom their bio-diverse territories,destruction o ecology and livelihoods has orced communities to migrateand seek reuge or their survival.

Indigenous peoples are among the most vulnerable groups when naturaldisasters occur. Te reasons include a greater dependence on naturalresources, the remoteness o some o their territories, disenranchisement

o some o the groups rom the rest o society, and difficult access to aidand rescue missions. As with other rural and remote communities, someindigenous peoples are at a disadvantage because they lack the necessaryexpertise or technology to mitigate the effects o natural disasters on theircommunities. For this reason, local and national authorities must takespecial care to include indigenous peoples when drafing contingencymeasures. Risk assessments should be conducted with indigenous peoplesas ull participants to ensure that their priorities are taken into accountto reduce displacement. Following the suggestion o the Commission onHuman Rights o 2004, the principle o “ree, prior and inormed consent”must be applied in all interactions with indigenous peoples where theirlivelihoods and uture survival are at stake.19

wo recent displacements o indigenous communities rom their territoriesdue to natural actors were the earthquake and the subsequent tsunamithat hit the Indian Ocean region on 26 December 2004, and the volcanic

19 Te principle o “Free, prior and inormed consent recognizes indigenous peoples’ inherent andprior rights to their lands and resources and respects their legitimate authority to require that thirdparties enter into an equal and respectul relationship with them, based on the principle o inormedconsent” (Commission on Human Rights, Sub-Commission on the Promotion and Protection oHuman Rights, Working Group on Indigenous Populations, 22nd session, 19-13 July 2004: 5).



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eruption o the Nevado de Huila in Belalcázar, Colombia (ONIC, 2007). Teactual numbers o indigenous peoples affected by the Indian Ocean tsunamiare not yet available; however, several sources cite indigenous communitiesin Indonesia, India and Sri Lanka that were displaced or scattered by this

natural disaster (UNPFII, 2004; Parker, 2004).

Displaced indigenous peoples ace many o the same problems as non-indigenous internally displaced persons (IDPs),20 but their vulnerabilitiesare heightened by the discrimination against their ethnicity. Althoughthere are guiding principles or the treatment and protection o IDPs,there is no enorceable regime or their protection; the set o standardsis not binding and enorcement mechanisms are absent. Te only set o

enorceable standards to protect fleeing individuals is provided in the 1951Reugee Convention.21 However, even i reugee protection were availableor internally displaced persons, they would not address the needs oenvironmentally displaced communities, as they do not meet the criteriaor protection set out in the Reugee Convention.

Te displacement o indigenous peoples due to armed conflict is also ogrowing concern, as it has its roots in the vulnerability and victimizationo these communities. Displacement rom their territories mostly affects

the security and uture recognition o their land rights over territories lostduring conflict. Furthermore, indigenous youth are particularly vulnerableto recruitment into illegal armed groups. Armed groups particularly targetindigenous male youth or their ability to fight, as has been the case inColombia with the threat against individuals in indigenous communities.Te responsible organizations or the protection o these groups haveresponded with successul policies. Currently, the policies aimed atmitigating the threats against the indigenous youth o the Arhuaco andLos Pastos indigenous communities in Colombia and their recruitmentinto illegal armed groups, include economic development opportunities,ood security programmes and social inclusion along with the restorationo rights o ex-combatant indigenous children.22

20 IDPs are defined as: “persons or groups o persons who have been orced or obliged to flee or toleave their homes or places o habitual residence, in particular as a result o, or in order to avoid theeffects o armed conflict, situations o generalized violence, violations o human rights or natural or

man-made disasters, and who have not crossed an internationally recognized State border.” GuidingPrinciples on Internal Displacement, UN Doc. E/CN.4/1998/53/Add.2., 1998.

21 Convention Relating to the Status o Reugees, signed 28 July 1951, in orce since 22 April 1954, 189UNS 150.

22 IOM Report to the Sixth Session o the PFII, May 2007, Available at: http://daccessdds.un.org/doc/UNDOC/GEN/N07/251/85/PDF/N0725185.pd (last visited on: 22 January 2008).



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A historical example o widespread displacement by armed conflict isprovided by the case o Guatemala, where members o the indigenouscommunities were orceully displaced rom their territories during the civilwar in that country (1960-1996). An important element o the Final Peace

Agreements o 29 December 1996 was the inclusion o the Agreement onthe Identity and Rights o Indigenous Peoples o 1995 and the Agreementor the Resettlement o Populations Uprooted by the Conflict, whichrecognized the rights o the Maya, Gariuna and Xinca peoples by thenational authorities. Afer the signing o the peace settlement, IOM assistedin the implementation o the peace accords by acilitating the return andreintegration o uprooted indigenous peoples into their communities.Tis is an example o the engagement that international organizations,governments and civil society can provide to address conflict-induceddisplacement o indigenous peoples that could prove permanent anddisruptive or their cultures i lef ignored.

Institutional discrimination through government policies thatdisproportionately target indigenous peoples and their lands is another causeo the displacement o indigenous communities. In the case o Mayagna(Sumo) Awas ingni Community v. Nicaragua, the indigenous grouppresented grievances over state actions which threatened to push them rom

their lands. Tose actions included granting logging permits without theirconsent and not providing adequate compensation to communities or theuse o indigenous lands. In this instance, the community obtained recourserom the court but the issue o displacement was never specifically addressedin the ruling. According to the statements made by the Government oNicaragua, the lack o legal title to the community’s lands did not generatedisplacement o the indigenous community (IACtHR, 2001: para. 160.a.iv). However, the evolutionary and contextual interpretation by the Inter-American Court o Human Rights o the right to property recognized thelink between indigenous peoples and their lands (NNU, Bailliet, 2003)and thereore any action limiting their ull enjoyment o their indigenouslands, including displacement, orced removal, or inadequate compensationconstituted an inringement on their human rights under internationallaw.

Another situation existed in the Papua Barat23 province o Indonesia. Duringthe late 1980s and early 1990s, the government set up programmes to allow

Indonesian nationals to move rom the island o Java to Papua Barat. Non-indigenous migrants began settling on indigenous lands. Te government

23 Formally known as the West Irian Jaya region, it is located at the western end o the island o NewGuinea.



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also granted logging permits to oreign companies to exploit the resourceso the indigenous communities, affecting the Mee, opo, aja, and Moitribes (McBeth, 1994). In this case, government policies not only negativelyaffected the environment and livelihoods o the indigenous communities,

but also constituted both push and pull actors or their members to settlein new urban developments and to find an economic activity not directlylinked to their lands.

Finally, orced displacement instigated by non-state actors deserves specialconsideration because it is becoming more prevalent around the world.Non-state actors are individuals or groups, who, while having no evidentaffiliation to the countries’ ruling authorities, enjoy a high degree o power

and influence in society. Examples o non-state actors are businesses,particularly multinational corporations, and NGOs. For the most part,such organizations are regulated by the state and thereore their actionsreceive tacit approval by the national authorities. Teir actions can affectindigenous peoples and, in extreme cases, these actions may be the sole causeo displacement o an indigenous community. Such outcomes are especiallythreatening when extractive corporations are involved in logging, mining,fishing and ranching businesses, and when lucrative land use is in conflictwith indigenous territorial claims. While NGOs and civil society exist

primarily to promote human rights standards, some pro-environmentalorganizations increasingly find themselves at odds between protectingwildlie and recognizing indigenous right to sel-determination (Dowie,2005). When environmental preservation clashes with indigenous peoples’right to sel-determination, a process o ree, prior and inormed consentmust be sought, and a air settlement should be secured in determiningcontrol over indigenous territories.

As with internal displacement, the causes o international displacement aremany and their effects on indigenous peoples’ survival are severe. Manycommunities that have been displaced rom their lands have chosen totravel outside the borders o their countries o origin. Such is the case o80,000 Jumma, who were displaced rom their territories in Bangladesh24 to India and Myanmar. It has been reported that while most amilies havereturned to Bangladesh, they still ace difficulties recovering their lands heldprior to their displacement (Dhamai, 2006: 3). Displacement o indigenouspeoples may also arise rom predatory actions o governments, businesses

and warlords looking to seize lands rich in mineral and oil deposits. Other

24 Te indigenous territories o the Jumma peoples are located in present day Bangladesh, ormerly EastPakistan. Te mentioned displacement took place during the 1960s, when Bangladesh was still parto the Islamic Republic o Pakistan. Te People’s Republic o Bangladesh gained its independence in1971.



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communities flee rom their places o residence earing the escalations oan armed conflict. A recent example o this was the movement o somemembers o the wa/Batwa community 25 o Burundi into Rwanda duringthe most recent conflicts in that country.26

Indigenous peoples have also sought asylum in countries o destination inresponse to threats to their lives at home. Such was the case in 2002 when905 Montagnard individuals rom Viet Nam were granted reugee statusin the United States. In such situations o fleeing rom their territories, theear o a recurrence o their previous experiences may prevent them romever returning home. o demonstrate and ensure a persistent peace, it isimportant to enact credible processes o justice and reconciliation, punish

perpetrators, and assist returning indigenous reugees.

On the other hand, economic pressures are the most evident cause o thedisplacement o indigenous peoples. Almost all migratory movementsanalysed here are in some way linked to the economic difficulties acedby indigenous peoples. Teir displacement is perhaps not much differentrom that aced by rural “unskilled workers, landless peasants and smallagricultural landowners seeking better opportunities in the city (or pushedout o their rural area o origin)” (Rodriguez, 2007: 3). Nevertheless, the

discrimination aced by indigenous peoples is compounded27 because itcan constitute a double discrimination based on their migratory status aswell as their indigenous background.

Forced Removal, Trafficking, and Smuggling

Because o its devastating effects, orced removal deserves special attention

to highlight deleterious methods employed to relocate indigenous peoples.Although the above-mentioned cases in the displacement section could

25 Commonly reerred as Pygmies, this group can be ound in Rwanda, Burundi, Uganda and theDemocratic Republic o Congo. Te group can also include other indigenous communities inCentral Arica, and even Asia. Te term was used during the colonial era and recently its use hasbeen discontinued as it carries negative stereotypes about individual’s height and race.

26 Official statement by Ron Redmond, UNHCR spokesperson, during a press briefing on 11 March2005. ext available at http://www.unhcr.org/news/NEWS/42317d4a4.html (last visited on: 22January 2008).

27

Pablo Yañes in his contribution to the Expert Group Meeting on Urban Indigenous Peoples andMigration at Santiago de Chile, Chile, 27-29 March 2007, quoted the results rom an illustrative pollconducted in 2005 in Mexico, where nine out o ten indigenous individuals questioned respondedthat there is discrimination against them. wo out o every three believe they have little or no chanceo improving their current situation o poverty, that 45 per cent believe that their rights have notbeen enorced due to their distinct ethnicity, and that one out o every three declares having beendiscriminated against in the past year on account o belonging to an indigenous group (2007: 2).



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certainly not be considered voluntary migrations, they do not involveactions specifically aimed to physically remove individuals and communitiesrom their territories. Te most commonly utilized methods or orcedremoval include presidential or legislative decrees, deployment o national

armed orces, actions by criminal organizations, or even widespread ethniccleansing in the most extreme situations.

Actions taken by national authorities and legislatures may be motivatedby politics, economic development, or environmental preservation. Tebuilding o dams, parcelling o lands, and construction o roads are amongthe economic decisions taken by governments in the name o a commongood which, in practice, may translate into the orced removal o indigenous

peoples rom their territories. In the name o development, many indigenouslands have been lost and their owners relocated elsewhere. In some cases,reparation or lost lands and livelihoods has not been granted to indigenouspeoples. In those cases in the Americas, the IACtHR has ruled on the side oindigenous peoples or the resettlement, payment and repair o the damageto indigenous lands and peoples (oledo Llancaqueo, 2007).

Environmental preservation plays an important role in the orcedremoval o indigenous peoples on the Arican continent. Maasai, uareg

and San communities are examples o indigenous communities orciblyevicted rom their territories in order to create environmental reservesor the preservation o ecosystems or tourist parks (Dowie, 2005). Whilepreservation o biodiversity should remain o concern to the internationalcommunity, this does not necessitate the orced removal o indigenouspeoples. In act, Principle 22 o the Rio Declaration highlights internationalcommunity agreement that indigenous peoples should be consulted onmatters relating to the preservation o the environment because o theirdeeper understanding o territories and the balance between humanactivities and nature.28

Criminal groups, including drug cartels and trafficking gangs, also engagein activities that can play a determining role in orced displacement andremoval o communities. Armed groups terrorize and destroy communitiesto seize indigenous lands, kidnap indigenous leaders, or recruit individuals

28 Principle 22: [i]ndigenous people and their communities and other local communities have a vitalrole in environmental management and development because o their knowledge and traditionalpractices. States should recognize and duly support their identity, culture and interests and enabletheir effective participation in the achievement o sustainable development. Rio Declaration onEnvironment and Development (adopted 14 June 1992) UN Doc. A/CONF.151/5/Rev.1.



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into their ranks, including children;29 some o these actions were carriedout by the Fuerzas Armadas Revolucionarias de Colombia (FARC) in 2004(Amnesty International, 2004). Drug cartels in Colombia have orcedindigenous peoples rom their territories to use them or plantations or

passages to smuggle illicit drugs or arms. Teir actions ofen target indigenouspeoples in remote locations, where rare and sporadic government accessleaves communities vulnerable. States bear the responsibility to ensure thatindigenous communities under their rule are protected and their rightsguaranteed.

Te orced removal o indigenous peoples has a long history. At its mostextreme, orced removal can be a policy o ethnic cleansing. Te removal

and displacement o indigenous peoples do not necessarily have to reach thepoint o genocide30 to threaten a community’s survival. However, specificactions relating to ethnic cleansing also include scare tactics to maintain apopulation permanently displaced rom its territory, and policies to replaceindigenous communities with non-indigenous groups. Massive removalso peoples rom their lands were documented during the deportation oCrimean atars rom their ancestral lands in the Crimea to parts o CentralAsia o the ormer Soviet Union in 1944 (Fazylov, 2007). Following thedissolution o the Soviet Union, this indigenous community has been

allowed to repatriate but still aces many political, economic, cultural, andsocial challenges on their return.

Forced removals to oreign destinations occur in situations that are verydifferent rom those where the removal or displacement occurs within thecountry o origin. Instead o actions taken by governments or criminalgroups to evict indigenous peoples rom their lands, orced removals todestinations abroad primarily take the orm o deportations and expulsions.Most commonly, deportations happen en masse with no plan or saereturn or reintegration o indigenous individuals to their societies in thecountries o origin. Tere is limited specific data gathered on the ethnicaffiliation o deported individuals, a gap that conceals the extent o theproblem indigenous peoples ace upon return. In deportation procedures,

29 According to the 2006 Report o the Secretary General o the United Nations on Children and ArmedConflict (A/61/529 – S/2006/826: para. 81).

30 Article 2: In the present Convention, genocide means any o the ollowing acts committed with intent

to destroy, in whole or in part, a national, ethnical, racial or religious group, as such: (a) Killingmembers o the group; (b) Causing serious bodily or mental harm to members o the group; (c)Deliberately inflicting on the group conditions o lie calculated to bring about its physical destructionin whole or in part; (d) Imposing measures intended to prevent births within the group; (e) Forciblytranserring children o the group to another group. Convention on the Prevention and Punishmento the Crime o Genocide, adopted 9 December 1948, entered into orce 12 January 1951, 78 UNS277.



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indigenous peoples are ofen removed to non-indigenous territories in theircountries o citizenship or may even be relocated to a wrong country o originbased on presumptions o nationality. Some have endured long periods oincarceration prior to repatriation due to a lack o sufficient consular and

legal services, translators and available seats on return flights.31

Te final category o actions by non-state actors affecting indigenouspeoples is trafficking and smuggling in persons. Internal trafficking32 o indigenous peoples is increasingly a concern to countries around theworld because o their vulnerable social position. Examples o traffickingin indigenous women, girls and boys have been reported inside countrieso origin. Examples exist o women orced to enter the sex trade in cities,

and o children sought or their organs, or to be “adopted” outside the legalchannels in place or international adoption. Indigenous men have also beenlured to leave their places o origin with the promise o employment onlyto find themselves enmeshed in criminal organizations or in conditions oorced labour. International trafficking, on the other hand, takes individualsinto third countries without the proper authorizations to enter, workand/or settle. Although the numbers o trafficked indigenous peoples are notyet collected, existing documentation suggests that indigenous victims otrafficking exist in at least the same relative proportions as non-indigenous

peoples.33 Te link between trafficking and social marginalization meansindigenous peoples – particularly women and children – are most at risk obeing trafficked.

Te smuggling o indigenous peoples is o equal concern. O the growingnumber o migrants without the proper authorization to enter, work and/or settle in a oreign country, indigenous peoples are perhaps the most

vulnerable. Tey suffer discrimination by non-indigenous compatriots andsmugglers, in addition to the stigma o illegality among host societies. Forindividuals who only speak their indigenous languages, the lack o servicesin their native language urther complicates their experience in hostcountries. Tis same lack o services or speakers o indigenous languages

31 Inormation based on the author’s previous work with undocumented migrants rom Mexico andCentral America to the United States.

32 rafficking in persons “can occur regardless o whether victims are taken to another country or onlymoved rom one place to another within the same country” (UN Office on Drugs and Crime). Seealso Glossary on Migration and the UN Protocol to Prevent, Suppress and Punish trafficking inPersons, Especially Women and Children, Supplementing the UN Convention Against OrganizedCrime, 2000 (Palermo Protocol).

33 According to the International Fund or Agricultural Development (IFAD), “Te majority o emalestrafficked across state borders in south-east Asia are rom indigenous communities.” Statistics andkey acts about indigenous peoples are available online at http://www.ruralpovertyportal.org/english/topics/indigenous/statistics.htm (last visited on 22 January 2008).



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in their own countries o origin already limits any access they might havehad to pertinent inormation concerning viable livelihoods at home or,alternatively, that could have allowed them to make a more inormeddecision concerning legal means to migrate, rather than having to rely on

smuggling gangs.

Te examples cited above highlight the specific vulnerabilities o indigenouspeoples to both criminal organizations and national policies and are acall or governments to reaffirm their commitment to uphold Article 7o the Declaration on the Rights o Indigenous Peoples, citing the rightso indigenous peoples to “lie, physical and mental integrity, liberty, andsecurity o person”.34

Return Migration

Generally, return migration is the long-term or permanent relocation oindigenous peoples to their places o origin. As with other orms o migration,it can be voluntary or involuntary. Indigenous migrants who go back andorth between places o origin and their communities o destination arenot considered return migrants, but rather circular migrants. Tis applies

equally to both internal and international migrants.

Indigenous peoples who have travelled either internally or internationallyand return to their places o origin may do so or a number o reasons. Mostpowerully may be their wish to return to ancestral lands. Others returnafer acing difficulties adapting to lie in host societies. Still others mayhave either achieved their economic goals or, conversely, ailed to acquirethe skills and capital that would allow them to improve their liestyles

upon their return. Forced return migration is less common. However,inequality, discrimination and insecurity aced by some individuals inplaces o destination push indigenous peoples to return to their originalcommunities. While such push actors do not necessary imply thesuppression o all personal discretion in the decision to return, they doexert significant pressure on indigenous migrants return.

Voluntary return migration is most common among indigenous peopleswhen conditions in their territories have started to improve. Examples

rom Canada are perhaps the most illustrative, as data on return migrationto reserves are available rom the 2001 Canadian census. According to thepublished figures or the period 1996 to 2001, 10,995 aboriginal migrants

34 Supra n. 1



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had resettled in reserves (Clatworthy and Norris, 2007: 11). However, thisnumber does not only concern individuals returning to their places oorigin, as it does not differentiate between actual returnees and individualswho are new to the reserves, including newborns and individuals who

have not previously lived on reserves. Other examples are also ound inthe Americas. According to some census figures, indigenous peoples inChile, Guatemala and Paraguay were recorded as returning to their placeso origin (Rodriguez, 2007: 24). While in both cases the reasons or returnmay vary rom difficulties aced in the host community to a desire to returnhome, detailed research on the reasons or return migrations could aidindigenous peoples as well as governments to promote return migrationin situations where conditions at the place o origin are adequate. Suchresearch could also highlight the many challenges aced by indigenouspeoples in host communities that can act as push actors or return,including discrimination, lack o access to health services, legal services,

job opportunities, education and adequate housing.

Because o the strong sense o community and attachment to the landthat most indigenous individuals show, new parents, adults with ill amilymembers, and retirees have chosen to go back to their places o origin.Among some communities, socio-cultural education o children is a primary

concern o parents and thus prompts their return to their own society toensure their children’s development and upbringing in the community’sculture. Some communities request that migrants return or short periodso time to ulfil duties within the community. Perormance o these dutiesconfirms their membership in the group. Te tequio system o the riqui andZapoteca peoples rom Mexico is an example o this practice that requiresadult members o the community to take on unpaid work or the group or toparticipate in decision-making institutions. Failure to undertake such tasksexcludes indigenous individuals rom enjoying benefits o the community,such as the use o communal lands (Rivera Salgado, 2004: 15).

Fear o losing their rights over their traditional territories has also been citedas a reason or the return o indigenous peoples to their places o origin.In New Zealand, the media reported in 2002 that such ears explainedthe return o increasing numbers o Maori to their native lands (Joseph,Lidgard, and Bedord, 2004: 20). However, it was also suggested that moreavourable prices or kiwi-ruits also constituted pull actors or the return

to rural areas, while at the same time the difficulties in cities were pushactors or the Maori community to leave urban centres and return to theircommunities (Joseph, Lidgard, and Bedord: 15).



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Finally, the most encouraging reason or the return migration o indigenouspeoples is increasing recognition o their right to sel-determination. In somecountries, this has taken the orm o autonomy and devolution o powerto indigenous territories and leaders. Te Inuit, Greenlanders and Sami

peoples have begun to enjoy various degrees o sel-government. In otherregions o the world where indigenous peoples have achieved a minimumstandard o representation but not ull internal sel-determination, theeconomic push and pull actors continue to play a significant role in thedecision o peoples to return to places o origin.

Te return movements to cities or non-indigenous regions in countrieso origin may also be termed return migration, but should better be

categorized as a co-product o internal migration, as communities have not yet returned to their native territories. Empowerment o indigenous peoplescould increase the potential or their ull circular return. Policymakers andscholars would benefit rom a greater and more sensitive understandingo these dynamics, as there are positive potential impacts to be gained orindigenous communities. New skills, experiences and capital acquiredabroad could prove to be important capabilities to improve the lives ocommunities.

Return migration is neither an all-inclusive solution nor necessarily themost desired outcome. Indigenous peoples may not be any more inclined toreturn than non-indigenous migrants (Rodriguez, 2007: 24). Person-specificissues relating to the return migration o indigenous peoples include timeo migration, age, gender, level o education, and particular communitycharacteristics. Causes that prevent indigenous migrants rom returningto their places o origin include lack o services and jobs, insecurity andalleged loss o indigenous identity. Indigenous migrants who either cannotor may not be interested to return are not “deserters” on account o theirdecision to remain at the place o destination or integrate into the hostsociety. Rather, their decisions are based on their specific situations; theindigenous community has the ultimate decision on membership, not thestate authorities (HRC, Sandra Lovelace v. Canada, 1981: 166). It should bethe goal o indigenous peoples, governments and civil society to addressthose issues in order to allow communities to decide their own uture.



39

Section 3 – TransborderIndigenous Migration

Te previous discussion o various categories drew on the acceptedterminology o migration studies and positioned the indigenous experiencewithin these. However, the special indigenous relationship to state entitiesnow requires the discussion o a new category, exclusive to indigenouspeoples’ migration. ransborder indigenous peoples are communities whose

territories were transected with the establishment o modern states and thedrawing o international borders, particularly during the decolonizationperiod in the Americas, Asia and Arica, cutting across lands andcommunities dividing groups o the same indigenous community betweenopposite sides o a border.35 ransborder indigenous migration is themovement o those peoples rom the same indigenous group within theirancestral territory, across international borders.

Tese communities ace increasingly restrictive policies limiting their ree

passage across international borders, in addition to the ormal divisiono their lands. Restrictions prevent communities rom ully enjoying thebenefits o their territories and they ace threats to the sustainability otheir livelihoods, limitations to their liestyles and the separation o theirmembers through external constraints imposed upon them. Sovereigntyand citizenship o constituted states are among the most importantparameters affecting transborder indigenous peoples today, or this reasonthey are reviewed here.

Sovereignty

State sovereignty and international borders have severely curtailed anderoded the rights o transborder indigenous peoples to ree passage withintheir lands.

Border controls are becoming increasingly harsh for transborder indigenous

peoples. Heightened border security to stop the entry/smuggling of

undocumented migrants, and the trafcking in human beings, arms and

35 Tese actions were based on the principle o Uti possidetis applied by newly established governmentsto prevent armed conflict at the initial efforts o state ormation.



40


drugs, as well as to prevent the possible inltration of terrorist organizations

has further curtailed the legitimate interests of indigenous peoples to cross

borders freely to move within their ancestral lands. In addition, some states

perceive the cross-border migration of transborder indigenous peoples as

a threat to their territorial integrity. Governments argue that control ofthe national borders is the sovereign right of the state, and as such does

not suffer exceptions for indigenous peoples, unless regulated by formal

border agreements to that effect. Sovereignty over its territory and the

people living within it allows a government to invoke total control of the

affairs of the state and deny the entry of transborder indigenous migrants

onto its territory, and to determine who qualies as a citizen of the state.

Citizenship

Formal citizenship o an internationally recognized country has limitedtransborder indigenous peoples’ claims to participate ully in the lie o theirown community in a “oreign” country, and this process has had the effecto diminishing the importance o membership in an indigenous group andthe indigeneity o individuals (Lawrence, 2004: 27).

Te question o citizenship precludes indigenous transborder migrantsrom the same rights and benefits reserved to nationals o the countrieso destination, this is especially problematic or transborder indigenouspeoples when they are migrating within their traditional territory but lackthe necessary authorization to remain or even enjoy the benefits o theirlands. Te citizenship o transborder indigenous peoples bestows certainrights and benefits on them as well as certain obligations to the state o theircitizenship. Problems arise when indigenous peoples cross international

borders to join the rest o their community. Countries o destination mayrecognize the membership o transborder migrants in national indigenouscommunities, but this does not coner rights akin to those o nationals orpersons legally resident in that country. In practice, this would mean thatmembers o the same community are subject to two different jurisdictionsand two distinct regimes (O’Brien, 1984-1985: 321).

For example, a Peruvian Quechua has Peruvian citizenship and theconcomitant rights and obligations; but, upon crossing the border into

Bolivia, and despite the appurtenance to the Quechua communityestablished on both sides o the border, in Bolivia the Peruvian Quechua isconsidered as a oreigner.



41

Section 3 – Transborder Indigenous Migration

Te cutting across indigenous communities by international borders raisesimportant questions o identity, recognition and membership that are vitalto indigenous individuals and the survival o their communities and identity,and which are ofen incompatible with national policies and undamental

tenets o national sovereignty. Given the legal impediments and spatialseparations together with the gradual diminishing o communal traditionsand identity straddling international borders, this has even prompted someindigenous communities to exclude their own members on the grounds ooreign citizenship (Lawrence, 2004: 27).

Te additional imposed restrictions on transborder communities and specialissues o transborder indigenous migration are illustrated in examples o

the Haudenosaunee o Canada and the United States, the ohono O’odhamo the United States and Mexico, and the Maya o Guatemala and Mexico.Tese three transborder indigenous communities are by no means theonly examples around the world, but they best characterize the unevenprotection and disjointed treatment o rights o transborder indigenouspeoples. Examples o other transborder communities exist in CentralAmerica, South America, Scandinavia, Arica, and Asia.36 Te situations inNorth America are also notable as they are the most thoroughly analysedin academic and political literature as the result o the increased advocacy

o indigenous peoples in that region o the world.

Te transborder experience o the Haudenosaunee37 has been reviewedand addressed on many occasions by the governments o the United Statesand Canada. Teir passage rights were secured under the Jay 38 and Ghent39 treaties during the late 1700s and early 1800s. However, legislation, legalcases and socio-political and economic developments have diminishedthe rights o these indigenous communities to circulate reely within

36 Specific examples are the Guayami o Panama and Costa Rica; the Aymara and Quechua o Bolivia,Ecuador, and Peru; the Maasai o Kenya and anzania or the San o southern Arica; the Semang/Mani o Malasya and Tailand; o which considerable inormation can be ound in anthropologicalliterature. Historically, the Sami peoples o Scandinavia were also considered transborder indigenouspeoples, because they inhabit territories that extend across Sweden, Norway, Finland, and Russia.However, their migrations have been regulated since 1826 when the Norwegian/Finnish/Russianborder was closed and in 1940 when the Swedish/Norwegian border was closed due to Germany’soccupation o Norway. Tis stop o their movement excluded them rom transboder migration andhas differentiated communities now strictly associated with the countries they reside in.

37 Commonly reerred as the Iroquois Conederacy, include the Mohawk, Oneida, Onondaga, Cayuga,

Seneca, and uscarora indigenous communities. Teir territories extend rom the United States toCanada, mostly in the American state o New York; and the Canadian provinces o Ontario andQuebec.

38 Supra n. 8.39 reaty o Peace and Amity, 24 December 1814, United States – Great Britain, 8 Stat. 218, .S. No. 109.

For a detail explanation o the provisions included in this treaty see O’Brien at supra n. 8.



42


their territories transected by the US-Canadian border (O’Brien, 1984-85;Austin, 1991).

Te ree passage o these communities continues to be an issue to this

day. Tough the transborder movements o indigenous peoples tend to betemporary, this case should not be regarded as insignificant. According tothe literature, most crossings are by groups to participate in religious andcultural ceremonies or social gatherings taking place on the other side othe border. Te most pressing issue or this community is their right to sel-determination, which should include the right to reely move within theirterritories, to hold communal title to their lands, to enjoy the resourcesrom those lands, and to reely administer the territories in their traditional

ways. Although some rights have been secured in the above-mentionedtreaties, the situation o the Haudenosaunee remains unresolved or thegovernments o Canada and the United States.

On the other hand, the right to sel-determination o the ohono O’odhamhas not been addressed by any treaty or legislation, nor has their right oreedom o movement within their lands been secured (Luna-Firebaugh,2002: 164). Te US-Mexico border divides their territory 40 and nationallegislation in both Mexico and the United States impedes their benefiting

rom their lands and resources, or enjoying cultural rights o access andmanagement (Austin, 1991: 110). Anxiety over border security issuesbetween Mexico and the United States urther uels the conspicuousdifference in treatment o the ohono O’odham on either side o the border.While the discrimination towards indigenous peoples in both countries maybe equally damaging, the distrust by the American immigration authoritieso the authentic or actual membership o ohono Mexican nationals in thisnative group urther diminishes their ancestral rights (Luna-Firebaugh,2002: 159). Immigration patterns o this transborder community thusconverge with the wider issue o Mexican migration to the United States.In this context, the treatment o transborder indigenous peoples is oundedsolely on their citizenship (Luna-Firebaugh, 2002: 164), and disregardstheir membership in an indigenous community. Recognizing identity basedonly on citizenship and not on indigenous community-status threatens thecohesion o communities on both sides o border.

Te situation aced by ohono O’odham is not dissimilar rom that o

many other transborder indigenous peoples around the world. Authoritiesscrutinize their border crossings, citing the ear that traffickers, smugglersand criminal organizations may use the border area to carry out illegal

40 Teir territories are located on the Mexican state o Sonora and the American state o Arizona.



43

Section 3 – Transborder Indigenous Migration

actions. Nevertheless, the legitimate concerns o countries should not beused to override the rights o indigenous communities. A viable solutionshould involve consultation with the ohono community and othersalike around the world to ensure their engagement as ull participants in

the decision-making processes. A precedent already exists concerningarrangements or the ree passage o transborder communities at theMexico-US border or the Kickapoo peoples.41 A detailed review o theconditions may be considered as model or all communities acing a similarsituation.

Te final case addressed here is that o the Maya transborder communityo Guatemala and Mexico. It has been chosen because recent developments

have created similarities with the other two cases reerred to above.Until recently, the border crossings o this transborder community weregenerally ree. Now, outside actors have prompted greater enorcement othe integrity o the Mexico-Guatemala border. Control o undocumentedlabour migration (Castillo, 2006), as well as arms and drug trafficking, andterrorism are cited as threats to the Mexican state (Urrutia, 2004), whichhave in turn been used to justiy greater control o the flows o peopleacross the borders.42 Te transborder Maya community has been caught inthe middle. For decades, they had moved reely across the border without

concern or the political division created by the states. Some members evenound reuge on the Mexican side o their territories rom the armed conflictin Guatemala (Nolin Hanlon, 1997: 3); others have or decades seasonallymoved rom Guatemala seeking employment in the coffee plantations inthe Mexican state o Chiapas. Proposed changes in immigration legislationin Mexico43 to control the flow o migrant workers seeking employmentin Mexico or travelling through the country to reach the United Stateswill negatively affect the Maya transborder community i their interestsare not explicitly taken into consideration in the policymaking process.Te group is especially vulnerable because Mexico and Guatemala lack aspecific official agreement on the protection o rights o the transborder

41 Te legislation passed by the US congress to grant border-crossing rights to the Kickapoo Band setsan example o concrete actions to ensure the survival o indigenous communities. For a review o thislegislation, reer to section our o Austin’s article, supra n. 8, pages 107-109.

42 Te security measures at the borders o Mexico, the United States and Canada were urther

strengthened afer the terrorist attacks in the US on 11 September 2001. In 2005, the three countrieslaunched the Security and Prosperity Partnership o North America heralding a new approach tooutside threats.

43 President Felipe Calderon Hinojosa o Mexico presented the Plan de Reordenamiento de la FronteraSur , which is aimed at curbing undocumented immigration rom Central America to Mexico (LaJornada, Herrera Beltran, 2006).



44


Maya community.44 Without saeguards, the community could be dividedpermanently, blocking access to some members to religious and culturalsites on the other side o the border.

International borders have also diminished the autonomy o indigenouscommunities, urther obliging them to incorporate or assimilate into thesocieties in their country o habitual residence. Te absence o recognitiono indigenous peoples’ right to sel-determination has led to their landsbeing transected, parcelled and separated. Tis has threatened theirsurvival and limited their ability to “preserve, develop and transmit touture generations their ancestral territories, and their ethnic identity, asthe basis o their continued existence as peoples, in accordance with their

own cultural patterns, social institutions and legal systems” (MartinezCobo, 1972).

44 Arrangements exist between these two countries or the movements o temporary labour migrationrom Guatemala into Mexico, but no specific agreement exist or the indigenous community. Suchagreement should not just allow individuals to benefit rom their work, but to recognize their rightsas indigenous peoples with equal enjoyment o the benefits o their territories.



45

Section 4 – The Effects ofMigration on IndigenousPeoples

Tis section deals with specific differences and challenges acedby indigenous peoples prior to, during and afer their internal andinternational migration. While the earlier sections presented migration

as an essential issue in the lives o indigenous peoples, this section seeksto show that discussions o employment, health, education and housingshould also specifically consider indigenous issues. Furthermore, the issueso indigeneity o indigenous migrants are also reviewed in this section.

Tis discussion is not intended to equalize indigenous peoples’experiences, but to discuss the most pressing issues affecting a majorityo these communities. Beyond their status as indigenous peoples, thesecommunities are or the most part economically disenranchised, acingissues o unemployment, malnutrition and substandard housing andliving conditions. For this reason, a theoretical outline is here provided.Tis could be improved and expanded through the ull participation oindigenous communities at the local level to study the impact o internaland international migration on specific groups.

Employment

Diminishing opportunities or economic survival and developmentin their places o origin are among the most pressing actors pushingindigenous peoples to migrate. However, on arrival in places o destination,indigenous peoples ace even greater challenges to obtain employment.Indigenous peoples suffer rom discrimination on account o theirdistinct ethnicities and stereotyping o their communities in rural andurban areas. Low ormal education, language barriers, limited marketableskills or urban employment and inadequate labour laws prevent theireconomic advancement. Indigenous empowerment requires addressingdiscrimination, education and training, as well as labour rights.



46


Indigenous peoples are not under-skilled communities. Many possesscomplex abilities suited to maintaining their liestyles and cultural practices,which, in some cases have persisted or centuries. Most skills o ruralindigenous individuals are specific to their liestyles in arming, fishing

or herding. For this reason, it is easier or indigenous migrants to findemployment in the agriculture, fishing, ranching and orestry industries.However, even i qualified or manual labour, they still ace disproportionatediscrimination by non-indigenous employers and co-workers. In somecases, they are taken advantage o or their lack o ormal education andlanguage differences. Weak labour laws and their uneven enorcement mayleave indigenous workers subject to exploitation, including poor pay andunsae working conditions.

Beyond ethnic discrimination, rural indigenous peoples who migrate tocities may also ace challenges in adapting their skills or urban employment.In almost all cases, indigenous peoples are offered only low-paying unskilledwork. Men typically take jobs in the construction and service industries;women are more ofen employed in the service industry or in the inormaleconomy, that is typically unregulated under national labour laws (Yanes,2007). Te cases o Maasai men working as security guards in cities inanzania are well documented (IWGIA, Kaunga, 2002: 8), as are the cases

o Oraon, Kharia, and Munda women working as domestic workers inNew Delhi, India (IWGIA, Bosu Mullick, 2002: 18). Urban indigenousresidents have some advantages over their rural counterparts, as they areaccustomed to working in cities and may be able to acquire skills sought byurban employers. National laws in most countries orbid discrimination inemployment.

On the international level, the right o indigenous peoples to non-discrimination in employment is embodied in Article 20.2 o the ILOConvention No. 169. However, these standards apply only to indigenouspeoples migrating within their own country o citizenship. Te silence oILO Convention No. 169 regarding the protection o oreign indigenouspeoples, together with the low ratification o the Convention limits theability o migrant indigenous peoples to seek redress in cases o inringemento their rights in non-ratiying countries o destination. Enorcement oemployment rights o international indigenous migrants is especiallycomplicated or undocumented individuals. However, indigenous peoples

who have migrated outside their countries o origin could also be protectedunder the rights ensured to all migrant workers by the United Nations



47

Section 4 – Migration effects on Indigenous Peoples

Migrant Workers Convention,45 regardless o their immigration status incountries o destination, parties to this Convention.

Inadequate protection o the rights o indigenous migrant workers has

increased the pressure or assimilation o indigenous peoples. Suchpressures are an existential threat to the cultural survival o indigenouspeoples, and are elt to be tantamount to displacement, orced removalsand dispossession o ancestral territories. .

Social Services and Housing

Apart rom the difficulties relating to the ormal employment o indigenouspeoples, other issues they ace include insufficient are lack o access to healthcare, education and training, as well as adequate housing. Such deficienciesare not only present in places o destination, but are also among the mostserious push actors driving indigenous peoples rom their places o origin.Te actual or supposed availability o such services in places o destinationofen acts as a pull actor or communities to migrate to locations where suchaccess to social services is available. Such issues underline the difficultiesexperienced by indigenous peoples and their low socio-economic status in

their countries o origin.

Among the health issues aced by indigenous peoples are deficientnutrition, lack o access to affordable medical services and health care,lack o culturally appropriate and sensitive health programmes, insufficientor deficient vaccinations campaigns, and higher incidence o preventablediseases. Health-related push/pull actors are most evident in the internalmigration o indigenous peoples. However, studies o health-related issues

in the context o the international migration o indigenous peoples areew. According to Luna-Firebaugh, some older members o the ohonoO’Oldham tribe, who live on the communities’ territories on the Mexicanside o the border, have been denied passage to the health clinic located oncommunity territory on the American side o the border (Luna-Firebaugh,2002: 159). For many communities, it is the duty o women to ensureaccess to health services, the healthy development o children, and care othe elderly (Janovicek, 2003). Women thus establish a first link betweentheir communities and non-indigenous health providers (Menjivar, 2002).

Tis crucial role o indigenous women can play an important part in the

45 International Convention on the Protection o the Rights o All Migrant Workers and Memberso Teir Families, adopted 18 December 1990, entered into orce 1 July 2003. G.A. Res. 45/158(hereinafer: Migrant Workers Convention).



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decision to migrate (Lindstrom and Herrera Hernandez, 2006). Culturalinsensitivity to childbirth practices, traditional medical or religious belieson the one hand, and coercive medical practices such as orced sterilizationon the other, do not only have an immediate effect on those directly exposed

to such experiences, but through the intermediaries o indigenous womenlead to the alienation o whole communities rom accessing medical andhealth rights (Nazar, Salvatierra & Zapata, 2007).

Displacement and subsequent migration to cities has a negative influence onthe nutritional health o indigenous communities. Surveys have shown anincrease in sugar intake, higher cholesterol levels and higher blood pressureamong urbanized indigenous peoples (Hollenberg et al., 1997). Extreme

changes in their diets brought about by lack o access to their traditionaloods are part o the liestyle actors that put indigenous migrants at risko preventable diseases. Another emerging health issue among indigenousmigrants is the increasing number o individuals inected with HIV.According to one study carried out in Latin America, all migrants are ata higher risk o inection during their residence outside their places oorigin (IOM, Bronman, 1998: 619). Insufficient education on this issue inindigenous communities has lead to a deterioration o their health. Equallydamaging, the lack o inormation available in indigenous languages and

culturally appropriate programmes prevents health inormation romreaching indigenous migrants. Given their heightened risk, individualsshould be encouraged to be tested and treated. Tey should also be trainedand educated in a culturally appropriate manner to prevent inectedindividuals rom spreading sexually transmitted diseases upon return totheir partners back home. Education o indigenous peoples on the riskso unprotected sex is the responsibility o indigenous communities andleaders, who must openly address these issues within the group to preventurther spread o diseases among their communities.

Te destruction o the biodiversity o the environment and thecriminalization o practices used in traditional medicine are directlylinked to problems o access to traditional medicines. Te devastation oenvironments where most medicinal plants, animals or marine resourcesexist acts as a push actor in the displacements o indigenous peoples romtheir places o origin. In some countries, the cultivation and consumptiono plants or medicinal purposes has been banned and even criminalized,

which both alienates and stigmatizes indigenous communities and theircultures. Balanced policies should allow indigenous peoples to cultivate,harvest and use medicinal plants, while preventing their commercializationas raw materials or the production o illicit drugs. Understanding



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traditional knowledge o indigenous peoples46 and its medicinal qualitiesand applications is becoming increasingly vital as such knowledge isdiluted through displacement, prejudice and general lack o understanding.Indifference to the benefits o indigenous knowledge only promotes

urther displacement rom their territories. At the international level,the International Regime on Access and Benefit-Sharing (ABS), createdunder the Convention on Biological Diversity (CBD), has been developedto promote the ull participation o indigenous peoples in ensuring aircommercialization o their resources.47 Tis work would help to recognizeindigenous peoples as the holders and guarantors o traditional knowledgeconcerning the qualities and use o species ound on their territories,including those that may be used or medicinal purposes.

Educational services available in national or state capitals and mayor urbancentres, along with greater work opportunities act as strong incentives tomove into cities (Sema, 2007: 5). However, once there, indigenous migrantsace serious challenges to complete their education rom discrimination,which prevents migrants rom enrolling children and young people in basiceducation programmes, and keeps adults rom continuing or remedialeducation. In addition, most cities lack educational services in indigenouslanguages and culturally appropriate programmes. In the case o circular

migrants who travel with their children, it is necessary to find alternativestrategies or the education o girls, boys and young persons. Tese effortscan be similar to those provided or non-indigenous migrants48 as long asprogrammes are adapted to the particular needs o indigenous peoples,including linguistic and cultural requirements.

Troughout this paper, language difference has been characterized as anissue that exacerbates discrimination against indigenous peoples. Respectand recognition o indigenous languages are crucial to improve the migration

46 For more inormation on the protection o the raditional Knowledge o indigenous peoples, reerto the World Intellectual Property Organization (WIPO) Report on Fact-finding Missions onIntellectual Property and raditional Knowledge (1998-1999). Available online at: http://www.wipo.int/tk/en/tk/ffm/report/index.html (last visited on: 22 January 2008).

47 For a complete explanation o the International regime on ABS, reer to the recommendation othe International Expert Group Meeting on the Convention on Biological Diversity’s InternationalRegime on Access and Benefit-Sharing and Indigenous Peoples’ Human Rights, held at the UnitedNations in January 2007, UN Doc. E/C.19/2007/1.

48

Te “Programa Binacional de Educación Migrante” and the “Documento de ranserencia delEstudiante Migrante Binacional México-EUA” were created or children o Mexican migrantworkers to allow students to continue their education back in their places o origin. Tis exampleis illustrative o the type o actions that can be taken by governments to help migrants to benefitrom their international movements. For more inormation on this programme see http://www.ime.gob.mx/programas_educativos/probem.htm and on the transer document see http://www.ime.gob.mx/programas_educativos/documento_transerencia.htm (last visited on: 22 January 2008).



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process. Accessible state services in different languages would help to botheducate and symbolically reinorce the official use o indigenous languages.Te greater recognition and ability to use indigenous languages wouldgreatly ease the transition or communities and individuals rom their

places o origin to their destinations. Calls or assimilation and the need orproficiency in the dominant language have created a situation where manyindigenous languages are threatened, many o which have been listed in theUNESCO Red Book o Endangered Languages.49 Migration o indigenouspeoples should not become a de acto cause or the loss o indigenouslanguages.

Te main actors affecting indigenous peoples’ right to adequate housing50

are the dispossession o their lands and the threat o eviction rom theirterritories. Displacement o indigenous peoples rom traditional lands canresult in extreme poverty and heightened vulnerability o communitiesin places o destination. Displacement could also lead to an increase orural-urban migrations, urther straining services available in cities. It alsocauses the concentration o amilies in inadequate housing, where healthand security issues can grow intolerable.51 Crowded housing conditionsin places o destination have proven detrimental to indigenous peoples’cultures. Because o lack o proper housing in host cities, indigenous peoples

may become slum dwellers which causes great harm to their health with noadequate course o redress or access to proper health and social services.In Mexico City, officials have responded by unding adequate housingprogrammes or indigenous migrants. Indigenous groups participated inbuilding a culturally sensitive project that reinorced the model o theircommunity. In the project Guanajuato 125 in Mexico City, a group o 47amilies pressed city and ederal authorities to recognize their rights to titleo a plot o land. In this location, “El Primer Caracol de la Roma” housingcomplex was inaugurated in 2003 (Yanes, 2007; La Unidad-e, Chavez,2006).

49 For a complete list o the endangered languages, see http://www.tooyoo.l.u-tokyo.ac.jp/Redbook/index.html hosted by the Department o Asian and Pacific Linguistics at okyo University (last visited on: 22 January 2008).

50 Article 11 (1): Te States Parties to the present Covenant recognize the right o everyone to an adequatestandard o living or himsel and his amily, including adequate ood, clothing- and housing, andto the continuous improvement o living conditions. Te States Parties will take appropriate steps toensure the realization o this right, recognizing to this effect the essential importance o internationalcooperation based on ree consent. International Covenant on Economic, Social and Cultural Rights,adopted 16 December 1966, entered into orce 3 January 1976, G.A. Res. 2200A (XXI), UN Doc.A/6316 (1966), 993 UNS 3.

51 For a complete review o the issues relation to the housing o indigenous peoples reer to the ReportNo. 7, prepared by the United Nations Housing Programme, coordinated by UN Habitat and theOHCHR (2005).



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Identity

Some governments question the legitimacy o the indigenous identity omigrants. Sel-identification o indigenous migrants underscores that

they do not give up their identities upon departure rom places o originor during temporary separation rom their native communities, includingcircumstances where lands have been lost or entire communities destroyed.On the contrary, orced migration and displacement appear to strengthenthe indigenous identity o individuals (Fox and Rivera Salgado (Eds.), 2004:167, 435).

One cause o loss o indigenous identity has been correlated to oppressive

government policies that rigidly define indigeneity through closed standards(Lawrence, 2004: 222). Definitions o “status Indians”, “mix-bloods”, “bandmembers”, and “índios emergentes”52 prevent individuals rom accessingstate benefits granted only to those who are recognized as natives. Policiesbased on the blood quantum, mestizaje or aculturação53 have sought toexclude indigenous peoples rom their own cultures and assimilate them tonational societies. Tese strategies effectively induce indigenous individualsto identiy as members o communities created or them by the state (Luna-Firebaugh, 2002: 162). In transborder indigenous communities, state-

defined affiliation is more pervasive. Single communities begin to separateand conceive o themselves as different rom members o their own groupon the other side o the transecting border.

In the case o internal migrants, movements rom rural to urban areas andorced migrations have affected indigenous identity as well. However, theseeffects are by no means the same or all indigenous peoples, or among allindividuals o the same group. Some indigenous peoples decide to deny, lose

or change their identity, adopt a new language, or disassociate themselvesrom their community o origin upon settlement in places o destination(Manzanilla, 2002). Others strengthen ties with their communities,reinorce their religious and cultural heritage, and demand protection otheir indigenous identity rom their new migrant position.

Te dispersed and unsystematic nature o investigation o internationalmigration o indigenous peoples makes it impossible to provide an overallevaluation o indigenous attitudes to identity, but specific cases point to a

52 Inra n. 52.53 Proessor Pacheco de Oliveira gives this explanation o Proessors Eduardo Galvão’s studies in João

Pacheco de Oliveira, “Uma Etnologia dos ‘Índios Misturados’? Situação Colonial, erritorialização eFluxos Culturais.” 4(1) MANA (1998): 47-77.



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prousion o experiences. While the examples o indigenous communitiesrom Mexico in the United States appear to maintain indigenous identity,in Spain and Italy, work with indigenous communities rom Ecuadorsuggests at least a partial lost o sel-identification o indigenous migrants

with their original communities. Some indigenous migrants in Spain andItaly report that in order to avoid discrimination at the hands o the hostsociety, they have adopted “Western style” dress, identiy solely with theirormal citizenship, and do not use their native language to communicatein public to avoid being identified as indigenous.54 Indigenous migrantsto the United States, on the other hand,, have organized around sharedindigeneity across ethnic and community lines, even including citizens odifferent countries. In San Francisco, Caliornia, Maya individuals romMexico and Guatemala have organized together (Fox and Rivera Salgado(Eds.), 2004: 384). Tese organizations help redefine their contact with thehost community, their countries o origin as well as with their ellow non-indigenous countrymen and women.

Another example that deserves more attention is the movement oGreenlanders rom rural places o origin to larger towns in Greenland. Asexplained by Maliina Abelsen during her participation at the Expert Meetingon Urban Indigenous Peoples and Migration, Greenlander migrants remain

in an indigenous environment throughout the migratory experience (2007:3). Tis rural-urban internal migration within an indigenous territory couldserve as an example to study the effects o urbanization and migration onindigenous individuals who are allowed to maintain their unique identitiesin places o destination.

A deeper understanding o the Greenlander example could provide otherindigenous peoples around the world with strategies to adapt their culturesto urban lie without risking the loss o their identity. At the same time,countries could benefit rom a model o urbanization o indigenouspeoples in their ull capacity or participation in all decisions o society andgovernment. Yet, or some other communities, internal and internationalmigrations are seen as having damaging effects on cultures, while othershave leveraged the benefits o their higher economic mobility to ensurethat their indigenous identity remains despite their new location (Vacacela,2002). Te discourse has begun to turn away rom an oversimplified critiqueo migration as an existential threat to survival.

54 Te case o migrants in Spain is explained in Sisapacari Bacacela, “La migracion en los Saraguros:Aspectos negativos y positivos,” 5 (48) Boletin ICCI-ARY Rimay (March, 2003): 1-6. In addition,while researching this paper, the author conducted several interviews with indigenous migrants romEcuador in Italy, rom where these conclusions have been drawn.



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Section 5 – IndigenousMigrants’ Lives

Te ollowing examples o indigenous participation in society recognizethe increased interactions o indigenous peoples with other segments osociety in their countries o origin and destination. Tis interaction, attimes problematic, has helped to raise awareness o the predicament omany indigenous communities that had previously been ignored. It has also

broadened cultural appreciation o the rich heritage and the deep impactindigenous communities have to offer in plural societies.

Civic Organization and Political Participation

Many indigenous peoples have traditional forms of organization that vary

from complex organized chiefdoms to simple community assemblies.

These leadership institutions and positions carry different responsibilities

and serve different purposes within their communities. Anthropologists,

sociologists and political scientists have long researched such organizations

in places of origin, but are only now turning their attention to the

relationship between community organization and migration. Some of the

most important indigenous institutions outside places of origin are trade

associations. It is common to nd associations of bakers, builders and

domestic workers, such as those of the Mapuche peoples in urban centres

in Chile. In addition to such professional associations, some urbanized

communities also organize around their cultural practices, places of origin(i.e. hometown associations), gender, or age (IWGIA, Bello M., 2002: 42).

In countries of origin, authoritative governments have targeted many

organizations to discourage indigenous peoples from taking an active

part in internal affairs, thus depriving them of their civil and political

rights. Indigenous organizations in countries of destination face different

challenges, including the threat of deportation of indigenous migrants

and lack of recognition of migrant workers organizations. In addition,

activities of expatriate and diaspora communities are not always welcomein countries of origin. In other instances, some indigenous organizations

may enjoy even greater freedom of action in countries of destination

than in their countries of origin. Expertise, funding and resources may be



54


more widely available in countries of destination for indigenous peoples,

allowing them to organize more effectively and build alliances with other

groups to advance their agenda.

One organization that deserves greater attention because of the complexityof its mission is the Frente Indígena de Organizaciones Binacionales

(FIOB). This organization represents a collectivity of six distinct indigenous

communities55 from the state of Oaxaca, Mexico, now residing in the

Mexican state of Baja California and the American state of California.

They maintain three ofces in California that coordinate a programme to

provide interpretation services in indigenous languages, health clinics and

community services. The FIOB is a not-for-prot organization, allowing

them to receive donations and support from foundations.56 In recent times,

the migration of the six communities represented in the FIOB to the United

States has been systematically researched and major works prepared by

authors focusing on the changing realities of indigenous peoples in

countries of destination.57

The political participation of indigenous peoples is important particularly

in respect of the recent victory of President Evo Morales in Bolivia,

demonstrating the feasibility of indigenous individuals to become major

political actors in their countries of origin. Equally notable is the electionof indigenous peoples as mayors of their cities and towns in Latin

America, and the election of indigenous representatives to congresses and

parliaments. The elections of these individuals signal a nascent movement

towards political participation by indigenous communities in countries of

origin. However, political participation by indigenous migrants in countries

of destination is still developing.

A parallel phenomenon is the right o returning indigenous migrants tostand or election in their countries o origin. Tis phenomenon is commonamong rural migrants; especially those who have succeed economicallyand are in a position to return with resources previously not available tothem (Cano, 2001). Examples o indigenous elected officials include theCongressman Victor Montejo, who returned to his Maya community and

55 Tose represented are communities o Chatino, Chinanteco, Mixteco, Mixe, riqui, and Zapotecapeoples.

56 As per inormation available in their website at http://www.fiob.org (last visited on: 22 January2008).

57 Michael Kearney, Jonathan Fox, and Gaspar Rivera Salgado are among the most published scholars.See bibliography or a list o books and articles.



55

Section 5 – Indigenous Migrants’ lives

was elected to Congress in Guatemala.58 Te case o Mustaa Qırımoğlu,a leader o the Crimean atar National Movement and Chairman o theMejlis o the Crimean atar people, and who was elected as a member othe Ukrainian Parliament is another telling example.

Remittances and Transnational Activities

Indigenous peoples’ migration has ofen been characterized as negativeexperiences portraying them as victims o the migration process and,unortunately, in many cases this is actually so. However, there are exampleso indigenous communities who have used migration to their benefit through

their culture and unique way o lie. Te buoyancy o indigenous peoplesto survive many centuries should not be disregarded and rather seen as anadvantage in their migration. Indigenous experts have acknowledged thatlie in their territories based only on subsistence agriculture is unortunatelyno longer possible, and indeed migration becomes a real opportunity ortheir survival.

Economic challenges remain pressing issues or indigenous peoples aroundthe world, as poverty levels among them can be double that o non-

indigenous communities in some countries (UNPFII, 2007). Many respondto these pressures by migrating to economically more developed regionsrom which they then periodically send money back to their amilies. Someindigenous peoples migrate consciously to ensure the survival o theirtraditional way o lie in their territories through the remittances they sendhome. Media reports have noted that in some communities the remittancessent by amily members residing abroad are the sole income o manyamilies; such, or instance, is the case o the ulancingo in the Mexican

state o Puebla (Najar, 2003).

National and local governments, as well as indigenous leaders, have sought toassist migrants who send remittances with a view to address lack o servicesoffered by the government and to promote development in indigenouscommunities in places o origin. Such initiatives have already been pursuedor some time on behal o non-indigenous migrants, creating programmeswhich provide matching unds rom different levels o government to themonies sent by migrants.

58 Congressman Montejo talked about his experience as a migrant indigenous person during the IOM’sInternational Dialogue on Migration in July 2006. Available at: http://www.iom.int/jahia/webdav/site/myjahiasite/shared/shared/mainsite/microsites/IDM/workshops/Migrants_and_Host_Society_12130706/seminar%20docs/montejo.pd (last visited on: 22 January 2008)



56


Juntos por los Andes is a programme that helps migrants residing in Italyto send remittances that aid communities in Ecuador (Orozco and Lindley(Eds.), 2007). According to inormation by the Ministry o Foreign Affairso Ecuador, one o the organizations included in this programme is the

Associazione awantinsuyo, which was established by indigenous migrantsin Naples.59

In some countries international migrant remittances now ranks as thefirst and second sources o oreign unds entering their home economies.However, no publicly available statistics are collected on the amountssent specifically by indigenous migrants. Filling this research gap on theparticipation o indigenous peoples in the migration phenomenon should

be considered as a pressing issue or experts on both migration andindigenous issues. Internal or international migrants’ contributions to theeconomies o their communities o origin should be analysed in order toappreciate the role indigenous migration plays in the survival o nativecommunities.

Apart rom remittances, indigenous migrants contribute also in other waysto the development o their communities. Some indigenous peoples whohave migrated and ound employment are becoming increasingly active

participants in their places o origin rom a distance as they pay or estivalsand rites, sponsor children’s education or invest in small businesses.

In their host communities indigenous migrants have established thecommercialization o indigenous arts, crafs, dances, and medicines asincome-generating activities to ensure their survival, thus still being able tobenefit rom the natural wealth o their ancestral lands. Tese contributionshave helped to counteract the neglect by local, state and national authorities

(Melo Farrera, 2002). In return, some indigenous communities have startedto accommodate the special circumstances o their migrants. In the case osome indigenous communities rom Mexico, it is now possible or migrantsto appoint another member o the community to ulfil their duties duringtheir absence (Rivera Salgado, 2004: 15). Tis allows indigenous migrantsto remain and work in their host countries and still maintain their statusas members o their indigenous community. Tis special accommodationindicates a change in attitude among some indigenous peoples towardsmigration and the place o migrants in traditional cultures.

59 For a copy o the initiative and the list o participating organizations see the project available onlineat: http://www.vivecuador.it/aldia58.asp (last visited on: 22 January 2008).



57

Section 5 – Indigenous Migrants’ lives

Institutional social networks and cultural exchanges between internationalindigenous migrant communities and their places o origin are still intheir early stages with only the most settled communities seeking toestablish links beyond the customary connections between members o

the community. Among examples ound are programmes co-sponsored bygovernments and oundations to promote the cultural exchange betweencommunities o origin and host societies. Promising examples o this arethe cultural programmes sponsored by the Rockeeller Foundation betweenindigenous communities in Mexico and the United States, coordinated bythe University o Caliornia at Berkeley.60

60 For more inormation on specific projects, consult the Rockeeller Foundation’s grants website.Available at: http://www.rockound.org/grants/GrantSearch.aspx?keywords=migration&allDates=1&monthFrom=1&yearFrom=2004&montho=12&yearo=2006 (last visited on: 22 January 2008).



59

Conclusion

Distinct examples o indigenous peoples’ migration and the peculiaritiesinvolved were highlighted throughout this work, and show that moreresearch and data on this topic are necessary to better inorm policieson migration and other phenomena that impact on indigenous peopleslives. Ideally, the direct input by indigenous peoples should be sought andincluded in the data and policy guidance so as to provide a sound basis orurther policy actions in their regard.

Tis paper has sought to establish a ramework o categories, possibilitiesand promising directions, a catalogue waiting to be completed by specificacademic research and practical surveys. Te intention o this exercisehas been to inspire investigation into specific experiences and examples.A comprehensive social understanding o the phenomenon o indigenousmigration will help indigenous leaders to communicate their messages andto better manage cultural change. Migration analysts and policymakerscould craf more accurate and nuanced analyses o the current migration.

Governments would benefit rom precise figures to plan and encourageappropriate policies o cultural protection or indigenous persons. Fortoo long, indigenous peoples have been depicted as static and unchangingcommunities. Tis mistake has arisen rom studies that treat indigenouspeople separately and as distinct rom questions o the “modern” world. Itis time that this blind spot be corrected.

A specific ocus on indigenous peoples is needed in order to conduct themigration and development debate comprehensively. Although there are370 million indigenous peoples globally, they and the specific challengesand opportunities they ace through migration have only received veryscant attention, i at all. Te challenges o indigenous peoples’ migrationare evident in this paper, while the opportunities that migration can bringwere only briefly highlighted. Specific research is needed to inorm howindigenous migrant communities interact with their communities o originand their host societies. o reach beyond the limited reporting o individualexperiences and to establish the wider importance o these issues, the

combined work o international agencies, governments and communitiesis required. Te conscientious and ull inclusion o indigenous peoples andtheir concerns in research activities is o great importance to ensure thatsuch research is a true reflection o and a vehicle to highlight and advancethe unique indigenous migrant experience.



61

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As migration has not commonly been considered as part of theindigenous experience, the prevalent view of indigenous communities

tends to portray them as static groups, deeply rooted in their territoriesand customs. Increasingly, however, indigenous peoples are leaving theirlong-held territories as part of the phenomenon of global migrationbeyond the customary seasonal and cultural movements of particulargroups.

Diverse examples of indigenous peoples’ migration, its distinctivefeatures and commonalities are highlighted throughout this report, and

show that more research and data on this topic are necessary to betterinform policies on migration and other phenomena that impact onindigenous peoples’ lives.

56180173 indigenous routes a framework for understanding

Documents

migration iom

international organization

indigenous routes

international business

indigenous migrationprepared

international community

iom acts

international human