A/HRC/61/49
64.
The Indigenous Peoples Law and Policy Program Initiative on Indigenous Rights and
Protected Areas of the University of Arizona, United States, has developed a database on
alleged violations against Indigenous Peoples’ human rights in protected areas, which
includes 30 cases that highlight cultural rights violations. 108 Instead, States must allow local
communities to lead protection projects as much as possible. In 2024, only approximately
1% of registered protected areas were reported to be governed by Indigenous Peoples or local
communities.109
B.
Tourism-related loss of meaning
65.
Conservation is often linked to tourism. Although local communities are often pushed
out of conservation areas, their cultural practices are being showcased, commodified and
“folklorized” for mass consumption. This disconnects people from the meanings and
significance that their practices and expressions used to have. Outside the living environment
and dynamics of local communities, these practices and expressions become frozen in a
particular time, with a certain aesthetic, impoverishing them and challenging their
transmission as expressions of “identity, values and meaning” and as heritage resources.
C.
Donor and funder accountability
66.
States commonly rely on international funders and private conservation NGOs for
financial and technical assistance in managing conservation projects. Especially in
underdeveloped countries, which often host the greatest biodiversity, conservation NGOs and
donors yield immense power. They often fall short of a human rights-based approach and
have historically not accounted for cultural considerations in their assessments, monitoring
or reporting. Reports on donor States, international organizations and international
conservation bodies paint an especially worrying picture of an immense discrepancy between
proclamations and reality.110
67.
This is particularly obvious regarding the consultation of local communities or
processes to obtain the free, prior and informed consent of Indigenous Peoples in connection
with the creation or management of protected areas. There is evidence that public-private
partnership models for managing parks mirror colonial structures. Despite its much-needed
work to promote free, prior and informed consent and participation in conservation, the
German Agency for International Cooperation (GIZ) has attracted widespread criticism for
its work in the Congo, which allegedly led to cultural rights violations,111 and questions have
arisen about the effectiveness of its work on free, prior and informed consent in the Lao
People’s Democratic Republic.112
68.
From the billions of dollars annually channelled towards biodiversity projects
globally, little is earmarked for cultural safeguards or for ensuring that free, prior and
informed consent processes meet international standards. Many donors also lack effective
monitoring mechanisms to ensure that human rights are respected in connection with this
financing. Donors routinely finance socioeconomic development opportunities for
communities that have been adversely affected by protected areas, covering schools,
transportation, infrastructure, hospitals and so forth. It is rare for these donors to fund
culturally appropriate support and to question the cultural impact of their projects. Donors
also resist funding long-term solutions to ensure cultural continuity for these communities,
such as the restitution of ancestral lands, territories and resources or support for equitable
conservation governance systems.
108
109
110
111
112
GE.26-01310
Submission from International Union for the Conservation of Nature.
See www.protectedplanet.net/en/thematic-areas/indigenous-and-community-conserved-areas.
See Knox, “Dismantling the fortress”.
See Colin Luoma, Fortress Conservation and International Accountability for Human Rights
Violations against Batwa in Kahuzi-Biega National Park (Minority Rights Group, 2022).
See A/HRC/61/49/Add.1.
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