A/79/160
58. In Mongolia, the nomadic motifs of Mongolian herders are celebrated in tourism
and nationalist imagery without their consent. 126
59. Wildlife corridors gazetted in Uganda for the tourism industry have caused
human-wildlife conflicts in pastoralist communities and destroyed community
property, with no compensation provided. 127
C.
Freedom of movement and the right to security
1.
Transboundary and stateless mobile Indigenous Peoples
60. Transboundary mobile Indigenous Peoples have inherent mobility rights based
on historical patterns of movement between and across borders that predate the
formation of nation States. With the demarcation of national boundaries, mobile
Indigenous Peoples found themselves separated by borders and divided between
States, subjecting them to immigration restrictions and cutting off access to
rangelands, forests and marine areas. They are often categorized as migrants after
crossing into another State’s territory. Tension between States creates further
instability, forcing migration across borders and increasing the risk of exposure to
armed conflict, human smuggling and drug trafficking. 128 A lack of understanding
about mobility has created statelessness among mobile Indigenous Peoples and the
failure to recognize their multinationality limits the exercise of their fundamental
rights.
61. The Sami reindeer herders of Finland, Norway, the Russian Federation and
Sweden were highly reliant on long-distance mobility before state borders were
created, thereby hindering their mobility. Infrastructure projects, extractive industries
and tourism activities have led to the loss and fragmentation of pasture lands,
restricting movement, reproductive levels and overall reindeer survival. 129 Norway
and Sweden have been negotiating a new convention on reindeer herding across
borders since the last one expired in 2005.
62. Pastoralists in Africa, like the Fulani, rely upon cross-border seasonal
movement to preserve social ties with relatives. 130 The Maasai in Kenya, who cross
into the United Republic of Tanzania to visit family, have had livestock confiscated
by the Government. 131 Traditionally moving across the region following clouds
during times of drought, they are now stopped by border patrols, which undermines
their resilience to climate change and their governance of lands and resources. 132
63. Inuit Indigenous Peoples in Nunavut, Canada, who keep family ties in the
United States and Greenland, experience difficulties maintaining these connections,
as well as cross-border employment, education and trade. The Arctic and Northern
Policy Framework commits Canada to reducing mobility barriers for Inuit across the
Canada-Greenland boundary and the Canada-Alaska border. The Inuit in Greenland
and Canada proposed establishing a marine protected area managed by Inuit in both
countries. A free travel zone will allow hunting and reconnect families. 133 The
Government of Canada is also working on mobility issues through the Inuit -Crown
__________________
126
127
128
129
130
131
132
133
18/28
University of Oxford joint submission.
World Pastoralist Forum submission.
Bedouin of Jordan submission; Permanent Forum side event on mobile Indigenous Peoples and the
Dana Declaration, 19 April 2024; Missionary Council for Indigenous Peoples (CIMI) submission.
A/HRC/18/35/Add.2.
Wageningen University and Research Centre submission.
Mainyoito Pastoralists Integrated Development Organization submission. See also
Communication Nos. TZA 2/2013; TZA 1/2014; TZA 2/2019.
Permanent Forum side event on mobile Indigenous Peoples and the Dana Declaration, 19 April 2024.
A/HRC/54/31/Add.1.
24-13045