A/HRC/42/37/Add.2
is based on a social accord to maintain peace and order and ensure mutual respect in the
local community.
58.
In recent years, tara bandu regulations have proven to be highly effective resource
conservation mechanisms as, for instance, they prohibit and penalize the cutting and
burning of forests and restrict hunting and fishing in specific locations during certain
periods, protecting ecosystems and allowing species to regenerate. 26 The Special
Rapporteur visited several local communities that have effectively resorted to tara bandu in
order to expand mangrove forests so as to protect the coastline or to enforce temporary nofishing zones, with remarkable gains for the coral reef ecosystem.
59.
Tara bandu provides an effective, participatory and community-driven approach to
sustainable environmental protection that furthermore strengthens traditional practices and
community cohesion. The Special Rapporteur is impressed by the pride the Timorese take
in their cultural heritage and how indigenous practices have translated into important gains
in environmental conservation. These can serve as inspiring examples for other countries.
The Special Rapporteur encourages the Government and international donors, at the request
of and in consultation with local communities, to support traditional authorities and
communities to further strengthen their use of customary practices for conservation and
climate change adaptation.
D.
Free, prior and informed consent
60.
The principle of free, prior and informed consent is anchored in indigenous peoples’
right to self-determination. By virtue of this right, indigenous peoples can “freely determine
their political status and freely pursue their economic, social and cultural development”.27 It
also flows from other rights guaranteed by international treaties like the right to develop
and maintain cultures (International Covenant on Civil and Political Rights, art. 27 and
International Covenant on Economic, Social and Cultural Rights, art. 15) and within the
framework of the principle of non-discrimination. The United Nations Declaration
identifies some of the instances where free, prior and informed consent is required: (a)
when States adopt administrative or legislative measures that affect indigenous peoples (art.
19); (b) in case of relocation (art. 10); (c) for any act that impacts on their customary
properties, laws, traditions and customs (art. 11); (d) when taking, occupying or destroying
their lands, territories and resources (art. 28); (e) in the disposal of hazardous wastes (art.
29); (f) when any project will impact on their land, territories and resources (art. 32).
61.
Throughout the visit, the Special Rapporteur took note of certain initiatives by
government officials to consult with local communities and impart public information on
certain legislative and administrative measures. There are, however, legislative and
administrative issuances that require additional access to information and consultation. For
instance, Environmental Licensing Decree-Law No. 5 of 2011 requires consultation and
stipulates that information shall be made available. However, such processes, which are
provided for under the laws and applied to a certain extent in practice, are not being
observed within the full scope, context and framework of free, prior and informed consent.
The Special Rapporteur calls on the Government to further strengthen its legal framework
to incorporate free, prior and informed consent, guided by international legal documents
elaborating on this principle.
E.
Education and languages
62.
This year, the world celebrates the International Year of Indigenous Languages.
There are more than 7,000 languages in the world, and more than 5,000 of them are
indigenous. Indigenous peoples’ languages are not only tools of communication and
26
27
Conservation International, “Biodiversity survey reveals reefs in Timor-Leste’s Atauro Island hold
the world’s highest reef fish species average”, 18 August 2016.
United Nations Declaration on the Rights of Indigenous Peoples, art. 3.
11