Making Way: Developing National Legal and Policy Frameworks for Pastoral Mobility

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FAO. 2022. Making way: developing national legal and policy frameworks for pastoral mobility. FAO Animal Production and Health Guidelines, No. 28. Rome. https://doi.org/10.4060/cb8461en

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Contents

Acronyms and abbreviations

Acknowledgements

Foreword

Executive summary

PART I

Understanding pastoral mobility

CHAPTER 1. WHY LEGISLATE FOR PASTORAL MOBILITY?

1.1 What is pastoralism?

1.2 Salience of pastoral mobility

1.3 Why legislate for pastoral mobility?

CHAPTER 2. DRIVERS AND DETERMINANTS OF MOBILITY

2.1 Mobility conditioned by climate and topography

2.2 Mobility conditioned by land tenure

PART II

Developing policy and legal frameworks for pastoral mobility

CHAPTER 3. CONVENTIONS SUPPORTING PASTORAL MOBILITY

3.1 International instruments

3.2 Regional and bilateral conventions

3.3 National and subnational legislation and policies

CHAPTER 4. PRELIMINARY CONSIDERATIONS FOR LEGISLATING FOR PASTORAL MOBILITY

4.1 Analysing the legal and policy context

4.2 Engaging key stakeholders

CHAPTER 5. KEY ELEMENTS OF LEGISLATION FOR PASTORAL MOBILITY

5.1 Legal recognition of pastoralism and pastoral mobility

5.2 Securing pastoral mobility

5.3 Establishing an institutional framework and procedures for managing mobility

5.4 Elaborating the rights and duties of pastoralists during mobility

5.5 Providing for investment support for pastoral production systems and mobility

5.6 Providing for conflict management and dispute resolution

5.7 Providing for monitoring, evaluation and learning

5.8 Supporting social and cultural development

CONCLUSIONS

BIBLIOGRAPHY

NATIONAL POLICIES AND LAWS

LIST OF BOXES

Box 1.1 Pastoralism as a tool for controlling wildfires in Andalusia, Spain

Box 1.2 The rangeland household contract system (RHCS)

Box 1.3 Veterinary fences in Botswana

Box 2.1 Vertical transhumance networks through private land in the south of France

Box 2.2 Travelling stock routes in Australia

Box 2.3 Agdals in Morocco: community management of shared grazing resources

Box 2.4 Farmer–herder relations in western India

Box 3.1 Relevant provisions of the Universal Declaration of Human Rights

Box 3.2 Other effective area-based conservation measures as an international framework

Box 3.3 Conditions and guidelines for mobility in the ECOWAS decision

Box 3.4 Outline of a stock route network management plan

Box 4.1 Overlaps and contradictions in Swedish law affecting the Sámi

Box 4.2 The VGGT on participation in governance

Box 4.3 UNDRIP on free, prior and informed consent

Box 4.4 Informed participation and consent in international law

Box 5.1 Participatory rangeland management in Ethiopia

Box 5.2 Transhumance in northern Neuquén Province, Argentina

Box 5.3 Decree on implementation of the Pastoral Charter, Mali

Box 5.4 Conflict management in the Kyrgyz Law on Pastures

LIST OF TABLES

Table 1 Indigenous typologies of reasons for pastoral mobility in eastern Africa among different ethnic groups

Table 2 Examples of institutions mandated to manage pastoral mobility

Table 3 Rights and duties of pastoralists during mobility

Acronyms and abbreviations

CBD Convention on Biological Diversity

COMESA Common Market for Eastern and Southern Africa

ECOWAS Economic Community of West African States

FAO Food and Agriculture Organization of the United Nations

GDP gross domestic product

GIS Geographic Information System(s)

IFAD International Fund for Agricultural Development

IGAD Intergovernmental Authority on Development

IIED International Institute for Environment and Development

ILO International Labour Organization

IUCN International Union for Conservation of Nature

MEL monitoring, evaluation and learning

PRM participatory rangeland management

RHCS rangeland household contract system

UN United Nations

UNCCD United Nations Convention to Combat Desertification

UNDRIP United Nations Declaration on the Rights of Indigenous Peoples

UNDROP United Nations Declaration on the Rights of Peasants and Other People Working in Rural Areas

UNEP United Nations Environment Programme

UNESCO United Nations Educational, Scientific and Cultural Organization

UNFCCC United Nations Framework Convention on Climate Change

Acknowledgements

Initiated by the Pastoralist Knowledge Hub of the Food and Agriculture Organization of the United Nations (FAO), this handbook on Developing national legal and policy frameworks for pastoral mobility was authored by Michael Odhiambo, a consultant on policy, legal and institutional frameworks for the governance of land, the environment and natural resources, and Pablo Manzano, a researcher at the Helsinki Institute of Sustainability Science and the Global Change and Conservation research group at the University of Helsinki. The work was led and edited by