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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
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