23. The Committee is concerned that the restrictions on fishing and hunting in the Tengis Shishged protected area may negatively affect and endanger the traditional livelihoods and the cultural rights of the Tsaatan people. The Committee is also concerned at reports about: (a) Restrictions related to access to grazing pasturelands traditionally used for reindeer herding; (b) The strict application of anti-poaching laws affecting the livelihoods of Tsaatans, with allegedly prison sentences and fines being imposed; (c) Difficulties for Tsaatans to visit their relatives in the region of Tyva in the Russian Federation and, in general, to cross the border, including alleged arrests and detentions; (d) Obstacles faced by the Tsaatans, in particular, the elderly, sick and persons with disabilities, in accessing medical facilities (art. 5).

24. In line with general recommendation No. 23 (1997) on the rights of indigenous peoples, the Committee recommends that the State party: 

(a) Ensure that the Tsaatans are fully and effectively consulted with a view to obtaining their free, prior and informed consent in relation to all decisions affecting their rights and lands; 

(b) Set minimal hunting and fishing quotas in consultation with the Tsaatans to enable them to continuously enjoy their cultural rights and practices;  

(c) Ensure the rights of Tsaatans to access grazing pasturelands traditionally used for reindeer herding and to include the Tsaatans in the management of the Tengis Shishged protected area; (d) Ensure the right of Tsaatans to maintain and develop contacts, relations and cooperation with members of their communities, as well as other peoples living over the border; (e) Explore the possibility, in consultation with the Tsaatans, of providing health-care support through mobile health clinics.