A/79/160 services such as education, health care and housing, which are not always compatible with their mobile lifestyles. 93. When States fail to recognize the collective identity, territorial rights and governance structures of mobile Indigenous Peoples, their lands are vulnerable to expropriation and exploitation, thereby violating their rights to selfdetermination, self-government and autonomy, among others. The ability of mobile Indigenous Peoples to travel throughout their territory is critical to their cultural identity, livelihoods, food security and physical survival. Those who defend their lands may be subjected to arbitrary detention, ill-treatment, extrajudicial killings and enforced disappearances. In many cases, the perpetrators operate with impunity and there is no restitution or reparations for the loss of lands, territories and resources. 94. Security of land tenure for mobile Indigenous Peoples is a key factor in enabling biodiversity conservation, sustainable land management and ecosystem restoration and in combating desertification. Mobile resource use, including hunting, gathering, rotational forest fallows, transhumance, herding and landsharing, more often enhances rather than diminishes biodiversity and ecosystem resilience. As seasonal variability and unpredictability are exacerbated by climate change, the need for flexible mobility is critical. 95. Special attention should be paid to the situation of transboundary mobile Indigenous Peoples whose ancestral territories span national borders, as they encounter discrimination, displacement, a lack of recognition, restricted movement and limited access to basic services. The right to citizenship of sea nomads is particularly complicated and often denied by land-bordered States. Cross-border tensions can expose mobile Indigenous Peoples to armed conflicts, harassment from border security forces and other human rights abuses. Indigenous Peoples living in voluntary isolation and initial contact also face great challenges, including the risk of extinction, that require targeted responses by States. 96. The Special Rapporteur makes the following recommendations to be implemented in cooperation, coordination and with the participation of mobile Indigenous Peoples. 97. The Special Rapporteur recommends that States: (a) Recognize mobile Indigenous Peoples’ unique legal status. In the case of Indigenous Peoples living in voluntary isolation and initial contact, such recognition should include their unique legal status and recognition processes should employ non-invasive methodologies, sufficient resources and respect for precautionary and no-contact principles; (b) Adopt appropriate measures to guarantee the rights to consultation and to free, prior and informed consent before adopting any legislation, policy or project that may impact mobile Indigenous Peoples; particular attention should be given to the participation of Indigenous women; (c) Provide adequate resources to guarantee mobile Indigenous Peoples’ full political participation, at all levels, by recognizing their institutions, legal systems, knowledge and patterns of mobility; and avoid imposing political structures that favour sedentarization and undermine Indigenous governance; (d) Eliminate barriers to voting by reviewing and revising documentation and identification criteria for voter registration, regardless of residence, so as to accommodate the specific needs of mobile Indigenous Peoples, by making voter 24-13045 25/28

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