A/79/160 Article 10 of the United Nations Declaration on the Rights of Indigenous Peoples and article 16 (2) of ILO Convention No. 169 protect against forced removal and relocation without free prior and informed consent. Unrecognized or precarious land rights increase vulnerability to unlawful evictions and restrictions on mobility. Even where laws exist to protect against evictions, 53 safeguards are superseded by competing claims, as land tenure security is often embedded in sedentarist or agrarian-industrial ideals. 59 31. Indigenous Peoples who are mobile often struggle to have their communal land, territory and resource rights recognized, as their mobility is frequently overlooked by States when demarcating and titling lands or designing land management plans. When judicial remedies are available, the process is often too costly for mobile Indigenous Peoples to pursue legal action. 60 Compounding the high costs, courts have “individualized” remediation of collectively owned lands comprising shared resources by mobile Indigenous Peoples, because laws protect individual rights over mobile based livelihoods. 61 32. While mobile Indigenous Peoples’ land and resource rights are largely ignored, there are several examples of State recognition, including pastureland laws in Tajikistan and Uzbekistan; 62 the Scheduled Tribes and Other Traditional Forest Dwellers (Recognition of Forest Rights) Act in India, of 2006; the Village Land Act, of 1999, and the Grazing-land and Animal Feed Resources Act, of 2010, in the United Republic of Tanzania; the Constitution of Ethiopia, of 1994, and Proclamation 31/1975; 63 and the Land Act (Cap. 227) of Uganda, of 1998. 64 National pastoral codes in Burkina Faso, Mali, Mauritania and the Niger serve to support and regulate pastoralism. 65 In Kenya, the Community Land Act of 2016, National Land Policy of 2009 and the Constitution of 2010 address land tenure security and the right to own and manage land communally. 66 State recognition of mobile Indigenous Peoples’ land rights is essential; however, laws are often disregarded by the government and communities are unable to assert them. 33. In section 9 of the Voluntary Guidelines on the Responsible Governance of Tenure of Land, Fisheries and Forests in the Context of National Food Security of the Food and Agriculture Organization of the United Nations (FAO), of 2022, States are urged to recognize and protect Indigenous customary land tenure and to meet their obligations under ILO Convention No. 169 and the United Nations Declaration on the Rights of Indigenous Peoples. 67 34. The International Land Coalition has developed a toolkit for pastoralists and other mobile Indigenous Peoples 68 that identifies good practices, such as agreements between pasture user groups and local governments over pasturelands for herders in Kyrgyzstan and Mongolia. 69 __________________ 59 60 61 62 63 64 65 66 67 68 69 12/28 International Land Coalition submission. Mainyoito Pastoralists Integrated Development Organization submission. Ringo W. Tenga, “The right to food and security of pastoral resource rights in the United Republic of Tanzania”, in The Right to Food and Access to Natural Resources: Using Human Rights Arguments and Mechanisms to Improve Resource Access for the Rural Poor , Lorenzo Catula, ed. (Rome, FAO, 2009), p. 51. International Land Coalition submission. Mainyoito Pastoralists Integrated Development Organization submission. World Pastoralist Forum submission. International Land Coalition submission. Mainyoito Pastoralists Integrated Development Organization submission. FAO, Voluntary Guideline on the Responsible Governance of Tenure of Land, Fisheries and Forests in the Context of National Food Security (Rome, 2022). International Land Coalition, “ILC toolkit 3: diverse tenure systems”, 2019. International Land Coalition submission. 24-13045