A/71/229
IV. Human rights legal standards and jurisprudence
20. The aim of the present section is to chart and affirm the existing legal
obligations to guarantee indigenous peoples’ rights in the context of conservation.
The rights of indigenous peoples stem from various branches of international law
and have developed through international human rights law, international labour law
and international environment law. International and regional human right
jurisprudence have further advanced the application of key indigenous peoples ’
rights in conservation. Taking stock of the standing in international law of
indigenous peoples’ rights in relation to conservation thus requires consideration of
the interrelatedness of the different rights, notably self-determination, cultural and
property rights, and appreciation of the complementarity of international human
rights law and international environment law.
21. While human rights-based approaches to conservation have become widely
accepted among conservation NGOs, their internal policy documents are at times
elusive regarding the specific rights of indigenous peoples. This underlines the
importance of reiterating the key applicable legal provisions.
A.
The right to self-determination and land rights
22. Self-determination is a right in itself and is also a necessary pre -condition for
the fulfilment of other human rights. The right is a fundamental principle in
international law and has been interpreted in a variety of legal contexts.
Self-determination is considered an overarching right to indigenous peoples because
of its cross-cutting nature and because it affirms their right to freely pursue their
economic, social and cultural development. It is crucial to the issue of land
conservation efforts because of its links with land rights and the right to participate
within processes and decisions affecting them, such as the establishment and
management of protected areas. The right to self-determination is enshrined within
both the International Covenant on Civil and Political Rights (1966, article 1) and
the International Covenant on Economic, Social and Cultural Rights (1966,
article 1) and is included in the United Nations Declaration on the Rights of
Indigenous Peoples (2007, article 3). Human rights treaty bodies, notably the
Human Rights Committee, the Committee on Economic, Social and Cultural Rights
and the Committee on the Elimination of Racial Discrimination, hav e all affirmed,
in analogous terms, that States must recognize and protect the rights of indigenous
peoples to own, develop, control and use their communal lands and to participate in
the management and conservation of the associated natural resources. 10 The
Committee on Economic, Social and Cultural Rights and the Human Rights
Committee have underlined the importance of the provision of land titles on
the ancestral lands by linking the right to self-determination with cultural rights
(article 27 of the International Covenant on Civil and Political Rights and article 15
of the International Covenant on Economic, Social and Cultural Rights). 11 The
Indigenous and Tribal Peoples Convention, 1989 (No. 169) of the International
__________________
10
11
16-13163
See Committee on the Elimination of Racial Discrimination general recommendation No . 23;
concluding observations for Sri Lanka, in A/56/18, para. 335; see also CERD/C/DEC/SUR/1;
CCPR/C/KEN/CO/3; E/C.12/KHM/CO/1.
See Ben Saul, Indigenous Peoples and Human Rights: International and Regional Jurisprudence
(Portland, Oregon, Hart Publishing, 2016).
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