A/HRC/61/49
51.
The participation of local populations in decision-making is often inadequate or too
hasty, and processes to ensure the free, informed and real participation of all are rare. The
specific protection granted under international law to minorities and Indigenous Peoples is
not fully understood or is minimized or simply discarded. For example, Indigenous Peoples’
right to veto, which is included in their right to free, prior and informed consent in matters
that directly affect them, and the need to lead conservation projects in their lands are not
taken into account in practice.85
52.
Experiences of community-led tourism and observation of biodiversity that integrate
local people into the value chain have helped to change the paradigm from prohibition to
participation. 86 The Mali Elephant Project was co-developed with local communities,
traditional chiefs and nomads, integrating local values and the knowledge of each group to
define the measures to be taken for the benefit of the elephants and the wider ecosystem. 87
The Pimachiowin Aki heritage site in Canada demonstrates how an Indigenous-nominated
and Indigenous-governed heritage site can integrate both cultural and ecological protection. 88
The Pessamiulnuat people in Quebec, Canada, are lobbying the State to support caribou
conservation in their territories according to their own practices and know-how.89
53.
Such positive practices of culturally adequate and sustainable development must be
highlighted in global conservation policy and standardized at the domestic level.
E.
Ensuring the right to participate in scientific endeavours
54.
Participation of local communities is sometimes prevented because of the
misconception that their practices do not constitute “science”. In 2020, the Committee on
Economic, Social and Cultural Rights confirmed that participation in science is part of
participation in cultural life. The Committee criticized the rigid distinction between scientists
and the general population, which is entitled not only to enjoy the benefits derived from
research conducted by scientists, but also to participate in the scientific endeavour and
decision-making.90 The Special Rapporteur has previously emphasized the need to embrace
an inclusive and decolonized understanding of science to include traditional knowledge and
Indigenous science and has called upon States to eliminate exclusionary processes in defining
and applying science.91
55.
Conservation strategies should embrace and recognize a level of scientific pluralism
necessary for addressing biodiversity loss, as the diversity of knowledge and approaches
provides a wider understanding and array of tools and methodologies to mitigate adverse
developments.92 In Estonia, local residents were invited to contribute to the revision of the
sacred cross tree map, together with the heritage culture map of the State Forest Management
Centre and the sacred site map of the Hiite Maja Foundation.93 The principle of subsidiarity,
whereby the local prevails over the generic, is important: localized, traditional knowledge
systems, which cut across science, belief and cultural practices, as opposed to
“one-size-fits-all” knowledge systems, may offer important ways forward. The programme
for the sustainable management of oasis ecosystems in Algeria demonstrates the value of this
approach.94 Traditional and experience-based ecological knowledge is part of science and
should be treated as such.
85
86
87
88
89
90
91
92
93
94
14
See www.ohchr.org/en/special-procedures/sr-cultural-rights/cultural-rights-and-development. For
examples of failed experiences due to lack of consideration of cultural rights, see submissions from
Mexico, p. 5; and Uzbekistan, paras. 27–33.
Submission from El Salvador.
Submission from Mali, p. 2.
Submission from Agnieszka Pawłowska-Mainville.
Submission from Amnesty International.
General comment No. 25 (2020), paras. 8, 9 and 11.
See A/HRC/55/44 and A/HRC/55/44/Corr.1.
Submission from Red Española para el Desarrollo Sostenible. Regarding challenges, see also
submission from UNESCO, pp. 10 and 11.
Submission from Estonia.
Submission from Algeria, para. 9.
GE.26-01310