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provided native title for indigenous peoples and supported co -management or their
own management of protected areas. 32
38. Protected areas in countries which have failed to undertake legal reforms a nd
recognition of collective land rights for indigenous peoples have been marred by the
highest and most persistent incidence of human rights violations against indigenous
peoples. Furthermore, conservation efforts in countries where indigenous peoples
remain marginalized have had the least sustainable and successful outcomes, which
has prompted scrutiny of international conservation policies. Despite the fact that
conservation is gradually embracing a human rights -based approach, significant
challenges remain in ensuring its effective implementation.
VI. Paradigm shift since 2003
39. At the global level, protected-areas policy is shaped by the International Union
for Conservation of Nature (IUCN). A membership organization, as at April 2016,
IUCN had 1,351 members, including 89 States, 128 government agencies,
48 affiliates, 112 international NGOs, and 974 national NGOs. The latter two
categories include 12 indigenous peoples’ organizations. Every four years, IUCN
members meet at the World Conservation Congress, where resolutions are adopted
on conservation policies, and every ten years a World Parks Congress is held to
deliberate on global commitments related to protected areas. World Parks
Congresses constitute the most important global forums for set ting international
standards and guidelines for protected areas. At the Congress held in Durban in
2003, the world’s leading conservationists announced a “new paradigm” for
protected areas which would respect the rights of indigenous peoples and local
communities. This important shift in the approach to conservation was adopted in
response to growing public opinion that conventional protected area models
wrongly excluded or marginalized indigenous peoples and local communities from
their governance and management. 33
40. To implement this new vision for conservation, the Durban Accord and Action
Plan were adopted. 34 Noting that the costs of the global protected area system had
been inequitably borne by local communities, the Action Plan explicitly recognized
the rights of indigenous peoples in relation to natural resources and biodiversity
conservation and that the protected area system must take full account of the rights,
interests and aspirations of indigenous peoples, as well as of their desire to have
their lands, territories and resources secured and protected for their own social and
cultural survival.
41. The Accord called upon the Conference of the Parties to the Convention on
Biological Diversity to ensure that indigenous peoples and local communities f ully
participate in the establishment and management of protected areas and that
mechanisms be put in place to guarantee that they share the benefits from these
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32
33
34
16-13163
Toni Bauman and Dermot Smyth, “Indigenous partnerships in protected area management in
Australia: three case studies” (Australian Institute of Aboriginal and Torres Strait Islander
Studies and The Australian Collaboration, 2007).
Conservation Initiative on Human Rights, “Human rights in conservation: progress since
Durban”, White Paper, November 2014.
See https://cmsdata.iucn.org/downloads/durbanaccorden.pdf and https://cmsdata.iucn.org/
downloads/durbanactionen.pdf.
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