A/77/238
assistance and the establishment of ways and means of ensuring participation of
indigenous peoples on issues affecting them. Under article 42, United Nations
specialized agencies, including at the country level, and States shall promote respect
for the full application of the provisions of the Declaration and follow up on its
effectiveness.
2.
International environmental law
16. In addition to the laws and policies directly affirming indigenous peoples’ rights,
a number of international environmental treaties regulate the management of lands,
including the Convention on Biological Diversity, the United Nations Framework
Convention on Climate Change and the United Nations Convention to Combat
Desertification in Those Countries Experiencing Serious Drought and/or
Desertification, Particularly in Africa. All three conventions derive from the Eart h
Summit held in Rio de Janeiro, Brazil, in 1992 and address interdependent issues.
Predating them are the UNESCO Convention for the Protection of the World Cultural
and Natural Heritage of 1972 and the Convention on Wetlands of International
Importance especially as Waterfowl Habitat of 1971. In the present report, the Special
Rapporteur will focus on the Convention on Biological Diversity and the World
Heritage Convention because they both deal with the designation of protected areas.
17. Under article 8 (j) of the Convention on Biological Diversity, the States parties
are required to respect, preserve and maintain knowledge, innovations and practices
of indigenous peoples relevant for the conservation of biological diversity, to promote
their wider application with the approval of knowledge holders and to encourage the
equitable sharing of the benefits arising from the utilization of such knowledge,
innovations and practices. Although the human rights of indigenous peoples are not
explicitly recognized in the Convention, the Conference of the Parties to the
Convention has supported numerous initiatives relating to the rights of indigenous
peoples, including the Ad Hoc Open-ended Inter-sessional Working Group on
Article 8 (j) and related provisions, established in 1998. The Working Group has
developed a number of guidelines to strengthen the inclusion of indigenous peoples
in decision-making, including the Mo’otz Kuxtal and Rutzolijirisaxik Voluntary
Guidelines, adopted in 2016 and 2018, respectively. 7
V. Current impacts on indigenous peoples’ rights in
protected areas
18. Indigenous peoples across the globe have overall not seen a concrete
improvement in the realization of their rights in the context of conservation initiatives
since the issuance of the relevant thematic report by the previous mandate holder in
2016. The Special Rapporteur continues to receive a high number of communications
with allegations of alarming violations in protected areas. Indigenous peoples are
denied their rights to land and resources, self-determination and autonomy, and
cultural heritage, and suffer from forced evictions, killings, physical violence and
abusive prosecution. Such violations have had particularly negative impacts on
women and girls, who are primarily responsible for gathering food, fuel, water and
medicine and are therefore exposed to risks of sexual violence at the hands of
militarized security forces, park rangers and law enforcement. The ability of
indigenous peoples to maintain and transmit their knowled ge is also impeded by
limited access to natural resources and sacred sites.
__________________
7
22-11289
See www.cbd.int/convention/wg8j.shtml.
7/20