A/79/160 V. Current issues for mobile Indigenous Peoples A. Legal recognition and political participation 16. Indigenous Peoples are protected by a legal framework that is distinct from the rights of minorities, 24 peasants25 and “local communities”.26 Nevertheless, some States have failed to affirm the Indigenous status of self-identifying mobile Indigenous Peoples, instead characterizing them as marginalized groups 27 or claiming that all nationals are indigenous to the country. 28 In some regions, Indigenous Peoples may not adopt the term for themselves due to a lack of familiarity with, or use of, the term in local languages. 29 Structural racism, racial discrimination and social exclusion are root causes of marginalization, as mobile Indigenous Peoples may be viewed as primitive, backward, unproductive or transient strangers with no attachment to the lands they are passing through. 30 17. As the African Commission on Human and Peoples’ Rights has noted: “The favouring of settled agriculture over hunting, gathering and nomadic cattle herding has been instrumental in both marginalizing and stigmatising some peoples and inspiring them to identify themselves as Indigenous groups. So too has the establishment of national parks and other projects that led to forced relocation of the inhabitants.” 31 18. The Constitution of Botswana recognizes eight main tribes but excludes the Khoe-San hunter-gatherers. 32 South Africa does not recognize the Khoe-San as Indigenous Peoples, but characterizes them as religious, cultural and linguistic communities whose language should be protected and promoted. 33 In the Democratic Republic of the Congo, although Act No. 22/030 of 15 July 2022 on the protection and promotion of the rights of Indigenous Pygmy Peoples guarantees “Pygmy” Indigenous Peoples access to public services and exercise of public power, Batwa hunter-gatherers are not represented in decision-making bodies, a2 participation is hindered by educational requirements and thresholds they are not able to meet. Rwanda categorizes the Batwa as “historically marginalized peoples”. 34 The Benet hunter-gatherers are not in the Third Schedule to the Constitution of Uganda, listing __________________ 24 25 26 27 28 29 30 31 32 33 34 8/28 Declaration on the Rights of Persons Belonging to National or Ethnic. Religious and Linguistic Minorities (General Assembly resolution 47/135, annex). United Nations Declaration on the Rights of Peasants and Other People Working in Rural Areas (Human Rights Council resolution 39/12, annex). Dario José Mejía Montalvo, Chairperson of the Permanent Forum on Indigenous Issues, José Francisco Calí Tzay, Special Rapporteur on the Rights of Indigenous Peoples, and Sheryl Lightfoot, Chairperson of the Expert Mechanism on the Rights of Indigenous Pe oples, joint statement, Geneva, July 2023. See also Permanent Forum, Expert Mechanism and Special Rapporteur, outcome document of meeting held at Food and Agriculture Organization of the United Nations headquarters, Rome, 26 to 28 February 2024. Constitution of Kenya, art. 260. African Commission on Human and Peoples’ Rights, Report of the African Commission on Human and Peoples’ Rights Working Group of Experts on Indigenous Populations/Communities (Somerset, New Jersey, Transaction Publishers, 2005). Oxford University Collective for Pastoralist and Nomadic People submission. International Land Coalition submission; and Jeremie Gilbert, Nomadic Peoples and Human Rights (Routledge, 2014). African Commission on Human and Peoples’ Rights, Report of the African Commission on Human and Peoples’ Rights, p. 92. International Work Group for Indigenous Affairs, “Constitutional rights relevant for indigenous peoples in Botswana”, 28 March 2011. Constitution of South Africa, 1996. See also CRC/C/ZAF/CO/3-6 and CERD/C/ZAF/CO/9-11. Unrepresented Nations and Peoples Organization submission. 24-13045