A/71/229
indigenous Karen peoples. The Karen have experienced forced evictions,
destruction of housing and crops, arrests and enforced disappe arances. On 17 April
2014, a Karen human rights defender disappeared after attending a meeting on a
lawsuit against park officials for destruction of Karen housing in 2010/2011. Park
officials acknowledged having detained him earlier that day for illegal p ossession of
wild honey, but claimed to have released him subsequently. His whereabouts have
been unknown since. The Karen have expressed concerns over the potential listing
of the park as a World Heritage site, fearing that it would result in further evic tions,
prohibitions on the gathering of wild honey and herbs and an increase of tourism,
which would affect the environment negatively, creating problems, notably with
waste management. The Office of the United Nations High Commissioner for
Human Rights has advised the World Heritage Committee to ensure that
comprehensive consultations are held by the Thai Government with Karen
communities, to ensure respect for their rights, to refrain from evictions and to
ensure that the communities can participate in the management of the park if it is
designated a World Heritage park. 45
64. If the designation of World Heritage sites is done constructively and with the
consent of the indigenous peoples affected, such status could provide an effective
contribution to conservation and the protection of indigenous rights. In 2011, the
World Heritage Committee incorporated the uranium-rich Koongarra area into the
Kakadu National Park World Heritage site, at the joint request of the Government of
Australia and the indigenous landowners, the Djok clan, which in effect barred
future mineral development in the area. 46
D.
Indigenous management of protected areas
65. Over the past decade, increasing evidence supports the correlation between
secure indigenous tenure and positive conservation outcomes, at times better than
those achieved in State-managed protected areas. The effectiveness of indigenous owned lands in resisting deforestation in Brazil is well known. In Namibia,
community-based wildlife management has resulted in significant growth in wildlife
populations, especially in areas that had formerly been subject to heavy poaching. In
Australia and the United States of America, indigenous peoples effectively manage
or co-manage protected areas, through dynamic and sustainable partnerships which
seek to redress past exclusion policies. In the Philippines, the national Indigenous
Peoples’ Rights Act includes a provision that protected areas within or overlapping
ancestral domains will remain protected but that indigenous co mmunities have
primary responsibility for maintaining and protecting such areas. The law governing
protected areas in the Philippines, the National Integrated Protected Areas Act, calls
for indigenous peoples’ participation in protected-area management boards.
However, certain obstacles remain. For example, indigenous participation in
management boards is impeded by a lack of training and orientation for indigenous
peoples on their roles and responsibilities and such meetings tend to be conducted
using overly technical language. 47
__________________
45
46
47
22/25
Office of the United Nations High Commissioner for Human Rights submissions to the UNESCO
World Heritage Committee, 26 November 2014.
International Work Group for Indigenous Affairs submission to the Special Rapporteur, May 2016.
Springer and Almeida, “Protected areas and land rights” (see footnote 2).
16-13163