A/HRC/61/49
69.
Biodiversity markets and carbon credits schemes, which allow developers to
compensate the harm done to nature in one place by supporting restoration in another, can
raise significant human rights concerns. Not only has the legitimacy of carbon markets been
repeatedly challenged, and biodiversity credits would be even harder to quantify, 113 but, in
any case, harm to the rights of a local population to a clean and healthy environment and to
maintain and transmit its identity and cultural practices cannot be offset by a biodiversity
gain somewhere else. Pursuing their establishment may allow States and companies to
postpone targeted action to reduce biodiversity destruction, while excusing human rights
violations.
70.
States are under the obligation to ensure that donors and organizations operating on
their territory respect and implement cultural rights; that both public and private bodies
operate with respect for cultural rights; and that their contributions in all international
organizations are consistent with their human rights obligations.
VII. Conclusions and recommendations
71.
Respecting, protecting and fulfilling cultural rights is critical for effective
environmental protection and biodiversity conservation, with cultural practices,
traditional ecological knowledge and local governance systems being essential for
positive conservation outcomes. This reality, acknowledged recently in the outcome
document of the 2025 World Conference on Cultural Policies and Sustainable
Development (MONDIACULT) and transposed into specific commitments, 114
necessitates an urgent, more robust engagement with cultural rights in global
conservation policy and practice.
72.
A cultural rights-based approach must be adopted in nature conservation
policies and programmes by all States, international organizations and other
stakeholders. Any international or national document on nature conservation must be
interpreted in a manner that respects cultural rights. A paradigm shift needs to take
place so that the protection of biodiversity is linked to the protection of cultural
diversity, and vice versa.
73.
Nevertheless, the main ongoing problem lies not in policies but in their
implementation and monitoring. The “fortress conservation” model prevails in many
parts of the world, with catastrophic consequences for the cultural rights of individuals
and groups.
74.
States should:
(a)
Identify, respect, protect and fulfil cultural rights, both individual and
collective, in the conception, design, funding, implementation, management and
monitoring of nature conservation projects;
(b)
Ensure that nature conservation measures do not discriminate directly,
indirectly, intersectionally or structurally against specific individuals or groups;
(c)
Review all national legal, policy and educational frameworks related to
nature conservation to reflect the intrinsic connection between nature and humans, and
between biodiversity and cultural diversity;
(d)
Review all legal and policy documents related to nature conservation to
ensure that they protect the cultural rights of individuals and groups and fully reflect
their binding international obligations;
(e)
Review all public documents and work to ensure that bias in favour of
fortress conservation and “one-size-fits-all” models are removed;
113
114
18
Submission from Amnesty International, p. 3.
UNESCO, “Outcome document MONDIACULT 2025” (2025), pp. 2 and 3, available at
https://www.unesco.org/sites/default/files/medias/fichiers/2025/09/EN_MONDIACULT_Outcome_D
ocument%20Final%2027.09.25.pdf.
GE.26-01310