A/71/229
Programme World Conservation Monitoring Centre, in 2014, less than 5 per cent of
protected areas worldwide were governed by indigenous peoples and local
communities. 8
16. Conservation efforts traditionally were state-centric and based on
expropriation of lands subsequently placed under government control. Indigenous
peoples were displaced, denied self-governance, deprived of access to natural
resources for their livelihood and their traditional and spiritual links to ancestral
land were disrupted. Marginalized and impoverished indigenous peoples have
continued to struggle for access to their territories and tenure rights, resulting in
enduring friction and conflict.
17. From the conservation perspective, the loss of the guardianship of indigenous
peoples and the placing of their lands under the control of government authorities
who have often lacked the capacity and political will to protect the land effectively,
has left such areas exposed to destructive settlement, extractive industries, illegal
logging, agribusiness expansion and large-scale infrastructure development. Even
where national policies and laws require strict protection for protected areas, in
many countries State agencies have still authorized mining, oil and gas extraction,
logging, dams and reservoirs, highways and other projects in direct conflict with
conservation goals. 9
18. Mobilization of indigenous peoples’ movements has led to advances in
international law recognizing their collective right to their traditional lands and
growing awareness among conservationists of the important role indigenous peoples
play in conserving biodiversity are factors which have led to relatively recent, yet
significant, shifts towards greater recognition of indigenous peoples ’ rights in the
context of conservation. Leading conservation organizations have adopted
commitments and policies seeking to adopt a “new paradigm” of undertaking
conservation, while respecting the rights of indigenous peoples. However,
significant gaps remain between these policies and their effective imple mentation
on the ground.
19. Furthermore, among the principal challenges that indigenous peoples continue
to face globally are difficulties in gaining legal recognition of collective ownership
over their ancestral lands, especially when these have already been declared
protected territories. National legislation is often contradictory. Laws pertaining to
conservation and forestry are commonly not harmonized with subsequent national
legislation and international law asserting the rights of indigenous peoples and the
authorities responsible for enforcement of the different laws frequently fail to
coordinate.
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9
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United Nations Environment Programme, Protected Planet Report 2014: Tracking Progress
Towards Global Targets for Protected Areas (Cambridge, United Kingdom of Great Britain and
Northern Ireland, 2014).
See A/HRC/4/32/Add.2 and A/HRC/33/42/Add.2; see also, Marcus Colchester, Salvaging
Nature: Indigenous Peoples, Protected Areas and Biodiversity Conservation, United Nations
Research Institute for Social Development Discussion Paper, No. 55 (Geneva, United Nations
Research Institute for Social Development, 1994).
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