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Biological Diversity; 12 the International Organization for Migration; 13 the secretariat
of the United Nations Convention to Combat Desertification; 14 and the United
Nations Environment Programme. 15 Recent United Nations initiatives to address the
rights of mobile Peoples include the United Nations Educational, Scientific and
Cultural Organization (UNESCO) inscribing the practice of transhumance on the
Representative List of the Intangible Cultural Heritage of Humanity 16 and the General
Assembly declaring 2026 the International Year of Rangelands and Pastoralists 17 and
2024 the International Year of Camelids. 18
9.
Mobile Indigenous Peoples are protected by international law applicable to all
Indigenous Peoples, including the United Nations Declaration on the Rights of
Indigenous Peoples, the Indigenous and Tribal Peoples Convention, 1989 (No. 169)
of the International Labour Organization (ILO), and other relevant international and
regional norms and jurisprudence. Given their unique lifestyle, international
standards must be interpreted and applied according to the specific needs of mobile
Indigenous Peoples, as reflected in article 14 (1) of ILO Convention No. 169:
The rights of ownership and possession of the peoples concerned over the lands
which they traditionally occupy shall be recognised. In addition, measures shall
be taken in appropriate cases to safeguard the right of the peoples concerned to
use lands not exclusively occupied by them, but to which they have traditionally
had access for their subsistence and traditional activities. Particular attention shall
be paid to the situation of nomadic peoples and shifting cultivators in this respect.
10. The right of transboundary mobile Indigenous Peoples to maintain and develop
contacts, relations and cooperation across borders is protected by article 36 of the
United Nations Declaration on the Rights of Indigenous Peoples and ILO Convention
No. 169 article 32, while article 6 of the Declaration addresses statelessness by
affirming the right to nationality.
11. The rights of Indigenous Peoples living in voluntary isolation and initial contact
are not specifically addressed in the United Nations Declaration on the Rights of
Indigenous Peoples or in ILO Convention No. 169. The Office of the United Nations
High Commissioner for Human Rights has, however, developed the Guidelines for the
protection of Indigenous Peoples in isolation and initial contact of the Amazon region,
Gran Chaco and the eastern region of Paraguay 19 and prepared a summary of a working
meeting on the rules of international law relating to the human rights of Indigenous
Peoples in voluntary isolation and initial contact in the Amazon and Gran Chaco. 20 The
Special Rapporteur further detailed the legal framework safeguarding the rights of
Indigenous Peoples living in voluntary isolation and initial contact in an amicus curiae
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12
13
14
15
16
17
18
19
20
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Secretariat of the Convention on Biological Diversity, Pastoralism, Nature Conservation and
Development: A Good Practice Guide (Montreal, 2010).
International Organization for Migration (IOM) and Intergovernmental Authority on Development
(IGAD) Centre For Pastoral Areas and Livestock Development, “Equipped to adapt? A review of
climate hazards and pastoralists’ responses in the IGAD region”, March 2022; IOM and others,
Regional Policies and Response to Manage Pastoral Movements within the ECOWAS Region
(Abuja, 2019); IOM, Pastoral Mobility in the Context of Climate Change in Mali (Geneva, 2023).
United Nations Convention to Combat Desertification, Global Land Outlook: Thematic Report
on Rangelands and Pastoralism (Bonn, 2024); and United Nations Convention to Combat
Desertification, decision 26/COP.14.
See UNEP/EA.4/Res.15.
UNESCO, decision 18.COM 8.b.14.
General Assembly resolution 76/253; and https://www.iyrp.info/.
General Assembly resolution 72/210.
Available at https://acnudh.org/wp-content/uploads/2019/07/015-Directrices-de-Protecci%C3%B3npara-los-Pueblos-Ind%C3%ADgenas-en-Aislamiento-y-en-Contacto-Inicial-de-la-Regi%C3%B3nAmaz%C3%B3nica-el-Gran-Chaco-y-la-Regi%C3%B3n-Oriental-de-Paraguay.pdf.
See A/HRC/39/17/Add.1.
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