A/79/160 B. Mobility and the right to lands, territories, resources and marine areas 27. The lands and territories of mobile Indigenous Peoples are often vulnerable to appropriation because they are used seasonally or periodically, and they are sometimes shared with others. The mislabelling of Indigenous lands as empty, vacant, barren, unproductive or terra nullius 51 was used to justify and legitimize acquisition during the colonial era. The private property view of land and permanent residence does not adequately consider the overlapping, shared, and seasonal use of resources and denies communal land governance. 52 That approach resulted in restrictions on the movement of mobile Indigenous Peoples that continue to have an impact on their lives. For example, many Inuit in Canada were coerced into sedentarism and relocated to settlements. Those assimilationist policies forced them to rely on government allowances and to send their children to residential schools. While land claims settlements have given Inuit more control over their lives, they have yet to regain full autonomy over their lands. 53 28. International standards for Indigenous Peoples living in voluntary isolation and initial contact mandate the protection of their territories, including the creation of intangible zones and surrounding buffer areas and respect for mobility patterns. However, this protection is rare in areas of economic value. When intangible zones are recognized, their borders often do not align with the actual movement and transit areas of Indigenous Peoples in voluntary isolation. Similar issues occur with territories of Indigenous Peoples in initial contact, the boundaries of which are often delimited without considering their mobility patterns. As a result, Indigenous Peoples living in voluntary isolation and initial contact territory can be fragmented, their migratory routes interrupted, and possibilities of contact and conflict increased. 29. States have adopted measures to uphold international standards with respect to lands and territories of Indigenous Peoples in voluntary isolation and initial contact; however, a lack of financial and human resources has allowed private actors to operate with impunity on their territories. 54 Institutions dedicated to protecting Indigenous Peoples living in voluntary isolation and initial contact often lack resources, technical knowledge and political support, and may face conflicts of interest when authorizing economic activities in protected areas. In Peru, “intangible reserves” 55 have been recognized but are threatened by legislative changes. 56 Ecuador established an “intangible zone” within the Yasuní Biosphere Reserve to protect the Tagaeri and Taromenane Peoples. That zone does not, however, encompass their entire traditional territory or prevent energy extraction in surrounding areas. Oil activities are limiting the movement of the Tagaeri and Taromenane, thereby increasing the likelihood of contact and pushing them into areas occupied by Waorani Indigenous Peoples. 57 30. Owing to a prevailing tendency to recognize territorial claims based on permanent and settled land use, mobile Indigenous Peoples face eviction, forced urbanization and induced sedentarization, which result in the loss of culture and livelihoods and the fragmentation of families, social relations and governance. 58 __________________ 51 52 53 54 55 56 57 58 24-13045 See A/HRC/36/46/Add.2. International Land Coalition submission. Pauktuutit Inuit Women of Canada submission. See also A/HRC/54/31/Add.2. International Working Group of Indigenous Peoples in Isolation and Initial Contact submission. Act No. 28736 on the Protection of Indigenous or Aboriginal Peoples Living in a Situation of Isolation or Initial Contact. Communication No. PER 1/2024. See A/HRC/42/37/Add.1. See also communication No. ECU 7/2016. Outcome document of the expert seminar on the nomadic and semi-nomadic Indigenous Peoples of the Russian Federation, 9 and 10 March 2024. See also Sea Nomads Contact Group submission. 11/28