A/71/229
E.
Convention on Biological Diversity
30. The Convention on Biological Diversity was adopted in 1992 and, as at 5 July
2016, had gained the widespread support of 196 Parties. 23 The treaty refers to
indigenous peoples’ knowledge, innovations and practices for the conservation and
customary use of biological diversity. Article 8 (j) of the Convention commits States
parties to respect and maintain the knowledge, innovations and pr actices of
indigenous and local communities which are relevant for conservation and
sustainable use of biological diversity. The Convention, however, fails to contain
explicit recognition of the human rights of indigenous peoples.
31. Protected areas are among the cross-cutting issues addressed under the
Convention on Biological Diversity. In 2004, the seventh meeting of the Conference
of the Parties to the Convention adopted a programme of work on protected areas. It
states that the establishment, management and monitoring of protected areas should
take place with the full and effective participation of, and full respect for the rights
of, indigenous peoples consistent with national law and applicable international
obligations. In the programme of work, parties are requested to ensure that any
resettlement of indigenous communities as a consequence of the establishment or
management of protected areas will only take place with their prior informed
consent that may be given according to national legislation and applicable
international obligations. 24 In 2014, the Conference of the Parties adopted a decision
which highlighted the requirement that protected areas and management regimes
must be consensual and participatory if indigenous peoples’ rights are to be
respected. It also recognized the contribution of indigenous peoples ’ own
conservation initiatives within their territories to the effective conservation of
important biodiversity sites. 25
32. In view of the targets set by the parties to the Convention to e xpand protected
area coverage to at least 17 per cent of terrestrial and inland water areas and 10 per
cent of coastal and marine areas by 2020, the Special Rapporteur stresses that States
and conservation organizations need to implement measures to recogn ize the rights
of indigenous peoples as a matter of priority. 26
V. Initial conservation practices and their consequences
33. Conservation protected areas were initially established through the
expropriation of the lands and territories of indigenous pe oples and local
communities. Colonial and post-colonial administrations around the world claimed
common land for the State, without regard for the existing rights of traditional
ownership and use under customary tenure. Such expropriated land was then
allocated to new owners for new uses, such as settlement, exploitation, and
conservation. In establishing the first “modern” protected areas in 1872
(Yellowstone National Park), and in 1890 (Yosemite National Park), the
Government of the United States of America violently expelled the Native
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The relevant provisions are articles 8(j), 10(c), 17.2 and 18.4.
See UNEP/CBD/COP/DEC/VII/28.
See UNEP/CBD/COP/DEC/XII/12.
See the Strategic Plan for Biodiversity 2011-2020, Aichi Biodiversity Target 11.See
UNEP/CBD/COP/10/INF/12/Rev.1.
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