A/HRC/61/49 recognized in the Covenant only to such limitations as are determined by law, only insofar as this may be compatible with the nature of these rights and solely for the purpose of promoting general welfare in a democratic society. To this end, the right to take part in the conduct of public affairs, particularly of concerned individuals and communities, is crucial. B. International environmental law 25. New guidance tools incorporate cultural rights considerations into environmental law. Unfortunately, implementation continues to be elusive. 26. The Convention on Biological Diversity provides the overarching international framework for nature and biodiversity conservation. Article 8 (j) expressly recognizes the importance of Indigenous traditional knowledge and practices in biodiversity conservation and serves to safeguard the customary use of biological resources and to preserve Indigenous traditional knowledge relevant for conservation and sustainable use. Article 10 (c) requires States to protect and encourage the customary use of biological resources in accordance with traditional cultural practices that are compatible with conservation or sustainable use requirements. Article 8 (j) in particular is the basis for a specific work programme on traditional knowledge, innovations and practices, which is aimed at establishing basic principles, goals and potential outputs in this thematic area. 27. Since 2004, several decisions and recommendations adopted by the Conference of the Parties to the Convention on Biological Diversity have integrated cultural rights elements into conservation work programmes, policies and targets. The Akwé: Kon Voluntary Guidelines for the Conduct of Cultural, Environmental and Social Impact Assessments regarding Developments Proposed to Take Place on, or which are Likely to Impact On, Sacred Sites and On Lands and Waters Traditionally Occupied or Used by Indigenous and Local Communities49 provide specific guidance for the inclusion of cultural, environmental and social considerations relating to Indigenous and local communities into new or existing impact assessment procedures. Cultural elements are often missing from impact assessments, which shows the importance of this approach. The Code of Ethical Conduct to Ensure Respect for the Cultural and Intellectual Heritage of Indigenous and Local Communities Relevant to the Conservation and Sustainable Use of Biological Diversity (Tkarihwaié:ri code of ethical conduct) serves as a direct bridge between the Convention and the rights of Indigenous Peoples and local populations in conservation and in the use of biological diversity through the application of non-discrimination, equitable sharing of benefits and participation in the implementation of the Convention. In 2014, the Conference of the Parties to the Convention recognized that activities on the customary sustainable use of biological resources should be undertaken with the full and effective participation of Indigenous and local communities, in particular women and youth, taking into consideration the United Nations Declaration on the Rights of Indigenous Peoples. 50 The Rutzolijirisaxik Voluntary Guidelines for the Repatriation of Traditional Knowledge of Indigenous Peoples and Local Communities Relevant for the Conservation and Sustainable Use of Biological Diversity of 2019 specifically address the elements needed for the return of traditional knowledge to, and its renewal among, Indigenous Peoples and local communities. 28. In 2022, 196 States adopted the Kunming-Montreal Global Biodiversity Framework, thereby committing to a human rights-based approach to achieving important conservation goals and targets. 51 The Framework recognizes the connections between biodiversity and cultural diversity and the critical role of Indigenous Peoples and local communities in achieving these ambitious conservation targets. Indigenous Peoples, peasants, people of African descent and local communities were pleased with the adoption of target 3, which is aimed at achieving an increase in protected areas globally, to include “Indigenous and traditional territories”. 49 50 51 8 See www.cbd.int/doc/publications/akwe-brochure-en.pdf. Decision XII/12 (UNEP/CBD/COP/DEC/XII/12), sect. B, para. 3. Conference of the Parties to the Convention on Biological Diversity, decision 15/4 (CBD/COP/DEC/15/4), annex, target 3. GE.26-01310

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