A/HRC/61/49
C.
Including cultural rights in nature conservation agendas
44.
A cultural rights-based approach to nature conservation requires that States identify
and respect cultural rights in the design, funding, management, implementation and
monitoring of conservation projects. It entails the inclusion of strong human rights impact
assessments in addition to environmental or social impact assessments. It implies and
encourages the use of cultural practices and traditional interventions as key ways to address
biodiversity loss and climate change.79 Promoting natural spaces and resources as emblematic
cultural heritage shaping individual and collective “biocultural” identities is also important. 80
Furthermore, freedom of artistic expression must be recognized as a means to reflect and
renew relationships with nature and imagine alternatives.81
45.
Ensuring non-discrimination, including in relation to direct, indirect, intersectional
and structural discrimination, must be a necessary component of any conservation practice. 82
Special measures are important to ensure substantive equality. The Special Rapporteur is
particularly concerned about prejudice and discrimination in State conservation policies,
where the practices of specific groups are considered as primitive or backwards and these
groups are deprived of their resources and dignity.
46.
Intersectional discrimination particularly affects women involved in conservation.
Ipili women in the Porgera Valley have reported that they are excluded from high-level
decision-making processes regarding land and water use, the conservation of medicinal
plants and resource extraction, while male leaders are formally consulted.83
47.
Protective measures in conservation programmes often single out Indigenous Peoples,
neglecting other individuals and groups. States must also guarantee the cultural rights of
peasants, people of African descent, fisherfolk, pastoralists and other communities, often
gathered under the banner of “local communities”, whose identities, ways of life and
livelihoods are affected by aggressive conservation practices.
48.
An intergenerational perspective must also be adopted. Children, youth and older
persons may be particularly affected by conservation efforts and can contribute to
discussions, including on mitigation measures.84 Children and youth are also the anticipated
receivers of ecological knowledge and conservation practices, both traditional and modern.
Youth are at the forefront of nature protection movements, including through the Global
Youth Biodiversity Network created under the Convention on Biological Diversity.
49.
A cultural rights-based approach underlines the need for avenues of redress in case
violations occur. Often, recourse to justice for cultural rights violations at the national level
is non-existent. At the international level, conservation bodies are reluctant to stop
conservation policies even if cultural rights violations are abundant. They lack clear and
objective accountability mechanisms and structures.
D.
Guaranteeing the participation of local communities
50.
Participation and consultation are principles of utmost importance to protecting
cultural rights in conservation. However, guarantees often remain on paper.
79
80
81
82
83
84
GE.26-01310
For a remarkable example of what can be done, see the 2022 policy paper entitled “The culture for
climate agenda: unleashing the power of culture as a pillar of climate action”, submitted, for the
United Cities and Local Governments World Congress, by the Climate Heritage Network, Climate
Chance, the Global Alliance for the Rights of Humanity, the International Indigenous Women’s
Forum and Making Cities Resilient 2030, available at
https://agenda21culture.net/sites/default/files/2025-05/th_pp_climate_culture.pdf.
Submissions from Colombia and El Salvador; and submission from the Institute for Peace and
Leadership.
Submissions from Colombia and Mexico; and submissions from Arab Fund for Arts and Culture,
Diamond Johnny and Kryštof Novotný.
A/HRC/14/36, para. 49.
Submission from Porgera Red Wara (River) Women’s Association Incorporated, p. 3.
See submissions from El Salvador; and Uzbekistan, para. 25 (elders’ role).
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