A/HRC/61/49
I. Introduction
1.
Nature conservation is essential for continuing collective existence and has rightfully
risen on international and domestic policy agendas. Unfortunately, economic, political and
geopolitical considerations, together with a lack of necessary change in mindsets regarding
the need for action, have constituted enormous obstacles to environmental protection. Every
global target set on international agendas has been missed.
2.
Nature conservation is often carried out either with no consideration for cultural rights
or, worse, at the expense of cultural rights, and in disregard of cultural diversity. In some
instances, nature conservation is used as a facade for changes aimed at increasing tourism or
imposing prevailing cultures. Conservation projects have been weaponized to dispossess
groups of their lands, territories and resources and disconnect them from their cultural sites,
ways of life and land- and water-based cultural practices. The urgency of safeguarding and
fostering biodiversity and climate mitigation provides cover for States and other conservation
actors to infringe on cultural rights with relative impunity, in furtherance of a “greater
environmental good”. John H. Knox has emphasized that the dominant conservation strategy
has been to create national parks and other protected areas that prohibit almost all human
activities. Humans are allowed to enter these fortresses of conservation only to experience
the beauty of nature: “Those who live in these areas already, no matter how ancient or
profound their cultural and material ties, must leave.” 1
3.
Populations are presented with the following pseudo-dilemma: they must either
preserve and protect the environment through nature conservation that requires abandoning
and losing cultural elements, or fail to stop the further degradation of nature. In the present
report, it is emphasized that nature and culture are inextricably intertwined. 2 Protecting one
cannot take place without protecting the other. Nature provides the settings in which cultural
meanings, knowledge and ways of life develop and flourish. Similarly, cultural
understandings and practices shape interactions with natural resources and are critical to
biodiversity management.
4.
This pseudo-dilemma also makes people believe that nature conservation largely
relies on specific categories of the population, often from among the most vulnerable, who
are required to discontinue specific cultural practices and relocate from certain areas. This is
done without questioning the wider issues at stake, including the cultural practices of more
dominant groups. In any case, dominant cultural groups tend to regard practices that are
carried out outside their own communities as trivial or backwards and to ignore them.
5.
Utilitarian approaches in which nature is at the service of human development lead to
extractivism and predation, even though such outcomes have been found to be harmful to all.
International law emphasizes that States must take into account the interdependence between
communities and their natural and cultural ecosystems, respect the diversity of cultural
practices and question without prejudice and bias whether practices promote or jeopardize
human dignity and the sustainability of these ecosystems. It is emphasized in the present
report that a cultural rights-based approach, anchored in the principles of non-discrimination,
equality and justice, offers important safeguards.
6.
In preparation for the present report, a questionnaire was sent to States and other
stakeholders, to gather experiences and identify challenges and promising practices that
1
2
2
John H. Knox, “Dismantling the fortress: reforming international conservation”, Harvard
Environmental Law Review, vol. 49, No. 1 (2025), p. 4.
See submissions from Afghanistan (regarding Nowruz); Colombia, p. 2; and Paraguay (regarding the
Guarani concept of tekoha); and submissions from Amnesty International (regarding the Innu of
Quebec, Canada), International Council on Monuments and Sites (regarding the Shinto religion) and
Dolly Wong (regarding Indonesian philosophy). The submissions are available at
www.ohchr.org/en/calls-for-input/2025/call-contributions-nature-conservation-and-cultural-rights.
See also Juliana Merçon and others, “From local landscapes to international policy: contributions of
the biocultural paradigm to global sustainability”, Global Sustainability, vol. 2 (2019).
GE.26-01310