A/79/160 Indigenous communities as of February 1926 and are therefore denied associated benefits. 35 19. Although there is no policy framework to ensure implementation, 36 article 260 of the Constitution of Kenya provides for the full representation of “marginalized groups” defined as “an Indigenous community that has retained and maintained a traditional lifestyle and livelihood based on a hunter or gatherer economy; or pastoral persons and communities, whether they are (i) nomadic; or (ii) a settled community that, because of its relative geographic isolation, has experienced only marginal participation in the integrated social and economic life of Kenya as a whole; ”. 20. In the Russian Federation, mobile Indigenous Peoples’ rights are protected by the regulation on the governance of national minorities, of 1822, and the Constitution’s recognition of “Indigenous small-numbered Peoples”. Indigenous small-numbered Peoples are defined as those residing in the traditional settlement areas of their ancestors, preserving their traditional lifestyle, economic activity and occupations, with a population totalling less than 50,000 members and identifying themselves as distinct peoples. This definition appears to limit Indigenous status to only those members who have preserved their traditional lifestyle and live in traditional settlement areas, which may be interpreted as excluding others, for example, those who use snowmobiles to herd. No criteria or mechanisms exist to keep records of Indigenous small-numbered Peoples and a federal law on reindeer herding remains pending, limiting their legal status and protection. 37 21. Article 108 of the Constitution of Norway provides that “The authorities of the state shall create conditions enabling the Sámi people to preserve and develop its language, culture and way of life.” The Sami are represented through the Sami Parliament that is democratically elected by Sami constituents and regulates all matters relating to the Sami in Norway. 38 22. The Maldhari Rural Action Group of India has organized a Pastoralist Parliament to strengthen pastoralists’ collective voice and support participation at every level of government. 39 The Constitution of India provides for the representation and protection of “Scheduled Tribes”. The Panchayat Act (1996) grants them rights over natural resources and local governance. India has recognized 75 communities as particularly vulnerable tribal groups, including the Shompen Indigenous Peoples living in voluntary isolation and initial contact. 40 The Van Gujjar pastoralists are classified as a backward caste in some states, without status as a Scheduled Tribe, they do not have access to social welfare schemes, nor are they represented in decision-making processes. Illiteracy, a lack of awareness about their rights, cultural and linguistic differences, along with structural racism and racial discrimination, prevent them from exercising their political agency. 41 23. Although Argentina has not distinguished Indigenous pastoralists from non-Indigenous pastoralists, Law No. 3016 of the Province of Neuquén(2016) __________________ 35 36 37 38 39 40 41 24-13045 Minority Rights Group, Benet Mosop Community Association, Endorois Welfare Council, Ogiek Peoples’ Development Programme, Environnement ressources naturelles et développement, and Centre d’espoir pour les droits humains submission. See also E/C.12/UGA/CO/1. Mainyoito Pastoralists Integrated Development Organization submission. See also CCPR/C/KEN/CO/4. Outcome document of the expert seminar on the nomadic and semi -nomadic Indigenous Peoples of the Russian Federation, 9 and 10 March 2024. Sami Parliament of Norway submission. International Land Coalition submission. India, Ministry of Tribal Affairs, “Welfare of particularly vulnerable tribal groups”, 4 July 2019. Van Gujjar Tribal Yuva Sanghatan submission; and A/HRC/52/11. See also communication MYS 3/2023. 9/28