A/HRC/4/32
page 10
that effectively restrict or even deny those rights. Only social mobilization and the sometimes
favourable intervention of the courts succeed in protecting the rights of the indigenous
communities against the powerful interests of the timber industry.
34.
In December 2006 the Indian Parliament passed a law recognizing forest dwellers’
forestry rights. These include the right to own and occupy forest land individually or
collectively for the production of subsistence foods, but exclude the hunting of wild animals.
It falls to the communal assembly to administer the exercise of these rights.
35.
The rights of forest peoples have now been incorporated into various international texts.
In 2005, the World Social Forum, meeting in Porto Alegre (Brazil), signed a Forest Declaration
in which it affirmed that the indigenous peoples of those forest areas have inalienable rights that
must be safeguarded; that their full participation in decision-making must be ensured; and that
governments must ensure an enabling environment for community management of the forests.
36.
A new and useful instrument for the defence of indigenous territories is community
surveys and maps, also known as “ethnic mapping”. The benefits that the indigenous people of
Guyana and the Bolivarian Republic of Venezuela, for example, have derived from this
pioneering technique can strengthen their negotiating capacity as part of an effective territorial
defence strategy.
37.
The Special Rapporteur recommends that States and multilateral agencies should respect
the traditional rights of the forest peoples and include the indigenous people affected in all
forest-resource management projects, ensuring that such projects have their full consent and that
they share in any profits deriving from them.
D. Pastoral peoples
38.
The situation of Kenya’s Masai herdsmen is a perfect example of the problems facing the
pastoral peoples of North and East Africa, Central Asia and other parts of the world. At the time
of colonization the Masai were dispossessed of much of their vast nomadic and semi-nomadic
grazing areas, and in recent years they were evicted from areas destined for conservation. Under
pressure from the international financial institutions, many of their communal grazing areas were
transformed into private agricultural estates. As a consequence, the Masai and other pastoral
peoples, such as the Somalis and the Turkana, have suffered reduction of their herds, gradual
deterioration of their standard of living, and increased poverty and insecurity associated with
periodic droughts in the arid zones where they eke out a living. The Government of Kenya now
recognizes that for years it had been applying flawed development strategies and is launching an
alternative strategy to incorporate nomadic herdsmen and their means of subsistence into
national development plans (see A/HRC/4/32/Add.3, paras. 65-68).
39.
In Tanzania also, where 2 million people earn a living from pastoral activities, herdsmen
were badly hit by the policy of forced sedentarization, which eventually failed. Masai, Tatota,
Barabaig and other nomadic herdsmen, as well as the Hadza and Akie hunter-gatherers, are
subject to the progressive depletion of their land and water resources through the official policy
of creating national parks and nature reserves for tourists from which the indigenous population
is excluded (a signal example being the Ngorongoro park), and of promoting private land