Visa issues preventing Indigenous advocates from attending UN forum
Last Thursday, Hanieh Moghani, a legal scholar from Iran, was scheduled to attend a private meeting at United Nations headquarters in New York City with more than a dozen Indigenous experts from around the world. But Moghani was more than 5,000 miles away in Iran, waiting for her visa to arrive.
âIt is very, very stressful,â she said.
Moghani is one of 16 core members of the United Nations Permanent Forum on Indigenous Issues (UNPFII), the highest-ranking body within the U.N. system that deals directly with Indigenous peoplesâ concerns, and was appointed to the position in 2023 by the United Nations. She has not received any explanation for why her visa is delayed.
It wouldnât be the first time â itâs not easy to get a visa from Iran to the United States, and she experienced a similar delay two years ago â but she is among a number of people hoping to attend the UNPFII who have encountered visa delays or denials this year, according to interviews with Indigenous advocacy organizations and forum attendees. Their difficulties entering the U.S. come as the Trump administration seeks to tighten border controls and increase deportations, including targeting pro-Palestine activists.
The UNPFII is the largest convening of Indigenous peoples globally where advocates will talk about issues ranging from climate disasters to the effects of critical mineral mining in Indigenous communities. Moghani still holds out hope that she might receive her visa, and said the Permanent Forum is an important venue for asserting Indigenous rights.
âThis is a matter of justice: the right to full and effective participation of all Indigenous peoples,â said Moghani.
Visa challenges are so pronounced this year that all three U.N. offices representing Indigenous peoples â the Permanent Forum, the Expert Mechanism on the Rights of Indigenous Peoples, and the Special Rapporteur on the Rights of Indigenous Peoples â issued a letter this month calling on U.N. member states to âto take all necessary measures to facilitate the timely issuance of visas and ensure unimpeded access for all Indigenous participants and Mandate Holders invited to attend United Nations meetings and forums.â
âRegrettably, recent experiences have highlighted challenges in visa issuance and access to meeting venues, which place at risk the meaningful engagement of Indigenous participants in critical discussions,â their joint letter says. âThese barriers can have profound consequences for the inclusion of Indigenous voices at the international level.â
Kevin Johnson, dean of the University of California at Davis School of Law, said the delays are unsurprising given that there has been a slowdown of visa approvals since Trump took office in January.
âThe Trump administration has turned immigration policy on its head,â he said. âEven if itâs for a U.N. event, I donât think thatâs a priority of the Trump administration.â
The Permanent Forum on Indigenous Issues was established in 2002 after decades of lobbying by Indigenous advocates who felt that the United Nationsâ system â with its emphasis on U.N. member states â was failing to address the needs of Indigenous peoples. Since then, representatives of Indigenous nations have gathered annually at the U.N. headquarters in New York City to talk about the most pressing issues facing their communities, ranging from mercury poisoning to oil pipelines snaking through their homelands.
At the conclusion of the 10-day gathering, the 16 expert members of the forum â who are appointed for rotating terms â write up a report summarizing concerns, then pass that information to U.N. agencies or members. For example, during the early years of the COVID-19 pandemic, the forumâs work helped spur UNICEF to issue a call to action affirming Indigenous childrenâs right to education after the pandemic prompted widespread school closures. Hannah McGlade, who is an Indigenous Kurin Minang Noongar and a human rights lawyer from Australia, has been one of those expert members since 2019, said the forum is a valuable opportunity for Indigenous peoples to not only raise awareness about their concerns among governments, but also increase the responsiveness of state leaders.
âItâs not a perfect system but itâs the only one that we do have available to us when too often our own issues are not able to be addressed and resolved within our own countries,â she said.
Because U.N. member states also send appointed representatives to the forum, the gathering provides an opportunity for Indigenous advocates to access high-level government officials who might not otherwise be available or responsive to their concerns.
Each year the Forum addresses a different theme â last yearâs focused on Indigenous youth â and this yearâs focuses on what U.N. member states are and arenât doing to protect the rights of Indigenous peoples. Attendees hope to offer suggestions on how to do better.
Although the theme isnât specifically about the environment, the forum is expected to elicit discussion about the challenges Indigenous peoples are facing as more countries seek to mine cobalt, lithium and other minerals deemed essential for transitioning energy reliance off of fossil fuels, many of which are located in Indigenous territories. Already, the U.S. has been accused of ignoring the rights of Indigenous peoples through its permitting of a new lithium mine in the state of Nevada on lands sacred to multiple tribal nations in the region.
This yearâs forum is expected to also weigh the recommendations of several reports written in preparation of the gathering, two of which deal with the effects of critical mineral mining in Indigenous communities. Another, co-authored by McGlade, contends that state governments should create laws that reflect the rights of Indigenous peoples under international law.
Moghani and McGlade also worked on a separate study about how Indigenous peoples are disproportionately harmed by war and how they should be incorporated in peacebuilding efforts.
But advocates say it is difficult for Indigenous peoples to have these conversations or advocate for their communities when many cannot attend. The denial or delay of visas for potential attendees of the Permanent Forum on Indigenous Issues has raised concerns among Indigenous representatives and advocates. While there are no concrete figures on how many individuals have been affected, experts believe that many have chosen not to even attempt to attend the event due to perceived hostility towards noncitizens in the United States.
Roberto Borrero, a consultant for the International Indian Treaty Council, has been contacted by numerous Indigenous representatives who are hesitant to make the trip to the U.S. for the forum. The Trump administration’s immigration policies, implemented since January, have created an atmosphere that feels inhospitable to noncitizens deemed undesirable, according to law professor Gabriel Chin.
Nati Garcia, a staff member at Cultural Survival, has confirmed that visa applications for four individuals were denied, including two from Ecuador and two from Uganda. This has led to increased concerns within the Indigenous advocacy community, prompting discussions about potentially moving future forums to other countries or hosting them online.
Despite the challenges faced by Indigenous peoples, Borrero emphasizes the importance of the Permanent Forum in New York City as a unique and crucial space for advocating for Indigenous rights. He believes that the forum plays a significant role in building the movement and calling for respect for Indigenous peoples’ rights.
As Indigenous advocates continue to navigate visa issues and potential backlash from their governments, the need for a strong presence at the Permanent Forum remains paramount. Borrero stresses the importance of persevering in the face of adversity and continuing to advocate for Indigenous rights on a global scale. The forum serves as a platform for solidarity, collaboration, and progress towards a more inclusive and respectful world for Indigenous communities worldwide.