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remains, and is likely to remain for some time to come, the only international legal instrument
currently in force and open for ratification that addresses specifically the rights of indigenous
and tribal peoples. Since its adoption in 1989, it has had considerable influence at the national,
regional and international levels.
2. Agenda 21, chapter 26 (1992)
13.
The United Nations Conference on Environment and Development (UNCED), held in
Rio de Janeiro in 1992, adopted Agenda 21, of which chapter 26 grants a central position to
indigenous populations as important players who must be included in the environmental
agenda. Chapter 26 recommends that indigenous lands need to be protected from
environmentally unsound practices and from activities the people consider to be socially and
culturally inappropriate. Indigenous people may require greater control over their lands and
self-management of their resources. States should also adopt laws and policies to preserve
customary practices and protect indigenous property, including ideas and knowledge.
Indigenous peoples should be allowed to participate actively in shaping national laws and
policies on the management of resources or other development processes that affect them.
Since then, a number of legal instruments relevant to indigenous peoples have been elaborated
such as the United Nations Framework Convention on Climate Change, the Convention to
Combat Desertification, and the establishment of the United Nations Forum on Forests.
3. Convention on Biological Diversity (1992)
14.
The Convention on Biological Diversity, adopted in Nairobi in 1992, has been signed
by 141 countries. Article 8 (j) addresses the knowledge, innovations and practices of indigenous
and local communities embodying traditional lifestyles relevant for the conservation and
sustainable use of biological diversity. The article embodies the recognition of the contribution
that traditional knowledge can make to both the conservation and the sustainable use of
biodiversity.
B. Draft declarations
1. The Draft United Nations declaration
15.
The “Draft United Nations declaration on the rights of indigenous peoples”, prepared by
the Working Group on Indigenous Populations with the active participation over the years of
numerous indigenous organizations from around the world, and currently under review by the
Commission,3 is undoubtedly the most important human rights document for indigenous peoples,
and it should be adopted before the end of the International Decade. Though similar in many
respects to Convention 169, there are certain differences. Considering that the rights of
indigenous peoples constitute an evolving area in the field of human rights in general, and an
important step in the consolidation of the International Bill of Human Rights, then surely
the draft declaration must build upon and go beyond the achievement represented by
Convention 169 and certainly not lower the human rights standards that have already been set
in this Convention.