A/71/229
7.
The Special Rapporteur has continued to send communications, primarily to
Governments, on specific cases of violations of the rights of indigenous peoples
brought to her attention and encourages Member States to respond to these
communications and to engage in a dialogue with her to improve the situation of
indigenous peoples.
III. Conservation and indigenous peoples’ rights
8.
The impact that conservation initiatives have on indigenous peoples has been a
constant and recurring theme since the establishment of the mandate of the Special
Rapporteur on the rights of indigenous peoples in 2001. The consequences
indigenous peoples have faced in the wake of evermore expanding protected areas
have been raised by respective special rapporteurs during numerous country visits
and communications to governments.
9.
The three Special Rapporteurs on the rights of indigenous peoples have, since
the creation of the mandate, paid particular attention to the human rights violations
that conservation measures have caused indigenous peoples worldwide, notably by
the expropriation of land, forced displacement, denial of self-governance, lack of
access to livelihoods and loss of culture and spiritual sites, non -recognition of their
own authorities and denial of access to justice and reparation, including restitution
and compensation.
10. The focus of the present report on terrestrial protecte d areas and, to a limited
extent, on World Heritage sites, is not intended to diminish the onus on the key
factors causing displacement of indigenous peoples from their lands and the overall
violations of their rights to lands and territories by extractive industries,
agribusiness expansion and mega infrastructure development. Previous special
rapporteurs have written thematic reports on extractive industries and violations of
the right to development of indigenous peoples.
11. While the conservation community is in the process of adopting conservation
measures that respect the human rights of indigenous peoples, considerable
implementation gaps remain and new threats to human rights -based conservation are
emerging. The Special Rapporteur has therefore decid ed that it is a timely and
important moment to explore this topic in further depth. The present report charts
legal developments and commitments and measures taken made to advance a human
rights-based paradigm in conservation, while also identifying certai n key remaining
challenges. The report concludes with recommendations on how conservation, in
policy and practice, can be developed in a manner which respects indigenous
peoples’ rights and enhances sustainable conservation.
12. A protected area is a geographically defined area which is designated or
regulated and managed to achieve specific conservation objectives. 1 Protected areas
consist of many different conservation modalities, among them national parks and
forests, wildlife refuges, marine areas, private and non-governmental organization
(NGO)-governed preserves, indigenous peoples’ protected areas, community lands
and other areas where the protection of nature and the practice of sustainable
livelihoods foster ecosystem integrity.
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1
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See Convention on Biological Diversity, art. 2.
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