A/77/514
holders express concerns that its verification process may further racial discrimination and
stereotyping if potentially based on "Indian" appearance or blood quantum.71
32.
Rather than being forcibly evicted for specific projects, some indigenous peoples are
displaced from traditional lands by living in regions prone to natural disasters or embroiled
in conflict, typically resource-rich areas.72 With the scant immediate prospect of return,
indigenous internally displaced persons and refugees may hold fears for their "cultural loss,"
compounding or exacerbating psychological distress.73
33.
Nature's vitality is at the heart of many indigenous cultures and spirituality, as well as
their daily survival, with over 60 million indigenous peoples materially reliant upon forest
resources.74 Consequently, indigenous peoples frequently "bear an unfair share" of costs
arising from activities damaging nature. 75 This extends to their disproportionate suffering
from climate change, despite being amongst those who contributed the least to this
historically,76 which furthers their socio-economic marginalization, food insecurity,77 and
displacement from increasingly uninhabitable lands.78 In a landmark decision adopted on 22
July 2022, the Human Rights Committee has found that Australia’s failure to adequately
protect indigenous Torres Islanders against adverse impacts of climate change violated their
rights including to enjoy their culture, while observing a “strong cultural and spiritual link
between indigenous peoples and their traditional lands.”79
34.
Experts have asserted that the "best way" to protect nature typically is to protect the
rights of those living there.80 Compelling evidence indicates that indigenous peoples are
often "custodians of biological diversity within ancestral territories," especially where they
enjoy secure land rights, given their rich reservoir of knowledge of nature and behavioural
adaptation to maintain ecological balance.81 Disregarding indigenous peoples and the loss of
their languages—as a source and conduit of knowledge—misses valuable opportunities for
biodiversity conservation, climate mitigation, and sustainability,82 especially considering that
indigenous peoples are only 6% of the global population yet protect 80% of its biodiversity.
35.
The Special Rapporteur is concerned at reports of some conservation and climate
mitigation measures violating indigenous peoples' rights. Several States and nature protection
groups have embraced "fortress conservation," blocking their access to indigenous lands—
including sacred sites—in the name of "environmental protection," without FPIC and even
where they live sustainably in keeping with their spirituality. Having denied their formal
permit requests, some interlocutors claim that Kenyan park rangers have extracted bribes
from indigenous persons seeking to conduct spiritual ceremonies on their lands in
conservation zones. According to Sami peoples in Scandinavia and Baka in Congo and
Cameroon, specific conservation measures unduly restrict their sustainable hunting and
fishing activities. Interlocutors particularly emphasize that the IUCN's goal to protect 30%
71
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73
74
75
76
77
78
79
80
81
82
10
https://doi.org/10.1080/08865655.2022.2101140,(pp.8-9,14);
https://www.ohchr.org/sites/default/files/Documents/Issues/IPeoples/EMRIP/Call/IndigenousAlliance
WithoutBorders.pdf.
A/HRC/49/44; https://www.internal-displacement.org/sites/default/files/publications/documents/P0073_Indigenouspeoples_BP.pdf. Also A/HRC/32/35/Add.3,(para.90).
https://www.internal-displacement.org/sites/default/files/publications/documents/P0073_Indigenouspeoples_BP.pdf,(p.3).
https://www.forestpeoples.org/sites/fpp/files/publication/2012/05/forest-peoples-numbers-acrossworld-final_0.pdf
A/75/161,(para 52).
A/HRC/36/46,(para.6).
https://openknowledge.worldbank.org/bitstream/handle/10986/22787/9781464806735.
pdf?sequence=13&isAllowed=y,(pp.2-6).
A/HRC/36/46,(para.90). Also A/HRC/4/32,(para.49).
CCPR/C/135/D/3624/2019.
https://news.trust.org/item/20210603135601-wshfn/.
https://iwgia.org/doclink/iwgia-book-the-indigenous-world-2021eng/eyJ0eXAiOiJKV1QiLCJhbGciOiJIUzI1NiJ9.eyJzdWIiOiJpd2dpYS1ib29rLXRoZS1pbmRpZ2V
ub3VzLXdvcmxkLTIwMjEtZW5nIiwiaWF0IjoxNjI4ODM5NjM2LCJleHAiOjE2Mjg5MjYwMzZ9.
z1CuM7PcT5CPkV0evx8ve88y6v0vmwDu_51JQ_lwAkM,(p.665).
A/HRC/36/46,(paras.16-24); https://rightsandresources.org/wp-content/uploads/2018/06/Corneredby-PAs-Brief_RRI_June-2018.pdf.