STATE OF THE WORLD's INDIGENOUs PEOpLEs - CINU

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EMBARGOED UNTIL 14 January 2010STATE OF THE WORLD’S INDIGENOUS PEOPLESNot for distributionThere have also been recent examples where, after exhausting nationalremedies, indigenous peoples of the Americas took their complaints to the Inter-American Human Rights System. A series of landmark decisions resulted: AwasTingni v. Nicaragua, 2001; Yakye Axa v. Paraguay, 2005; and Sawhoyamaxa v.Paraguay, 2006. In ruling on these cases, the court affirmed the validity of theUnited Nations (then) Draft Declaration and OAS Proposed Declaration on theRights of Indigenous Peoples, even though neither had been finally approved atthe time of the verdict. 82This raises the hope that, with the adoption of the Declaration, indigenouspeoples’ rights to land and to self-determination may appear on the domesticagenda of many countries.Biological diversity and traditional knowledgeThe Convention on Biological Diversity is a commitment to achieving asignificant reduction in the current rate of biodiversity loss at the global, regionaland national level by 2010. The current rate is estimated to be up to 100 timesthe natural rate. This unprecedented biodiversity loss is being exacerbatedby the negative impact of climate change. According to the IUCN Red List ofThreatened Species, between 12 and 52 per cent of species within groups suchas birds or mammals are threatened with extinction, 83 and up to 30 per cent ofall known species may disappear before the end of this century because ofclimate change. 84the rate of erosion oftraditional ecological/environmentalbiodiversity-relatedknowledge has neverbeen as high as in thecurrent generationParties to the Convention on Biological Diversity have also made a commitmentto ensure the protection of indigenous peoples’ traditional knowledge asestablished by Article 8(j), which states that “each contracting party shall as faras possible and as appropriate, subject to national legislation, respect, preserveand maintain knowledge, innovations and practices of indigenous and localcommunities embodying traditional lifestyles relevant to the conservation andsustainable use of biological diversity.”Yet, the rate of erosion of traditional ecological/environmental biodiversityrelatedknowledge has never been as high as in the current generation. 85Although efforts are being made, for instance by the UNESCO programmeLINKS, 86 to encourage the use and inter-generational transfer of innovationsand practices in biodiversity-related traditional knowledge innovations and82Alwyn (2006).83See full list at http://www.greenfacts.org/glossary/ghi/iucn-red-list.htm84Statement by Executive Secretary of the SCBD (2008). For full text, seehttp://www.cbd.int/doc/speech/2008/sp-2008-06-16-ias-en.pdf85 For detailed summaries of the threats to traditional knowledge, see Working Group onArticle 8(j) (2005). For measures and mechanisms to address the decline of traditionalknowledge, see Working Group on Article 8(j) (2007f).86 LINKS specifically seeks to maintain the vitality of local knowledge within communitiesby strengthening ties between elders and youth in order to reinforce the transmission ofindigenous knowledge and know-how.THE ENVIRONMENT | 109
EMBARGOED UNTIL 14 January 2010STATE OF THE WORLD’S INDIGENOUS PEOPLESNot for distributionpractices, more incentive measures tailored to ensure the survival of traditional knowledge within and beyondthis current generation, urgently need to be developed.Implementation of the goals related to biodiversity and traditional knowledge requires both political will andeconomic support. Most indigenous peoples are highly dependent on the states in which they live. 87 However,they rarely enjoy sufficient national legislative support or any degree of self-governance, both of which areneeded for maintaining their biodiversity-related practices and knowledge and for ensuring the successfulimplementation of Article 8(j). 88 They also face constraints in the exercise of customary laws relevant to themanagement, conservation, and sustainable use of biological diversity. The outcome of the work being done inWG8J and WGABS is therefore of special interest to indigenous peoples.In ratifying the Convention on Biological Diversity, developed countries have also committed themselves to providingfinancial resources to ensure that developing countries can implement the Convention. In adopting the Declarationon the Rights of Indigenous Peoples, states have recognized a similar obligation to “establish and implementassistance programmes for indigenous peoples for such conservation and protection without discrimination”. 89This funding, which can be made through bilateral, regional or multilateral donations, is channelled throughthe Global Environment Facility (GEF), the financial mechanism of the UN environmental conventions and thelargest funder of projects to improve the global environment. 90 Indigenous peoples’ involvement in the GEF policyprocesses is limited, although they participate in the GEF assembly and council meetings and have their ownfocal point within the NGO network that is part of the GEF structure. 91Although the GEF is an independent financial body, its projects and programmes are implemented throughagencies, such as the UNDP and the World Bank, some of which have their own policies on indigenous peoples.Several indigenous organizations have been able to access project funding, and the CBD Conference of theParties has specifically requested that GEF finance projects strengthening the involvement of indigenous peoplesin conserving biological diversity and in maintaining the sustainable use of its components, and in supporting thepriority activities identified in the WG8j’s programme of work.Protected areasAlthough 12 per cent of the earth’s land surface now consists of protected areas, they do not cover all biomesand species requiring protection, and so the objectives of the Convention on Biological Diversity (CBD) are notbeing fulfilled. In order to address these gaps, a Programme of Work on protected areas was developed at theCBD Conference of Parties in 2004. The objective of this Programme is toSupport the establishment and maintenance by 2010 for terrestrial and by 2012 for marine areasof comprehensive, effectively managed, and ecologically representative national and regionalprotected areas that collectively contribute to achieving the 2010 target. 9287Working Group on Article 8(j) (2007b).88Working Group on Article 8(j) (2007b).89United Nations (2007), Article 29.90 The GEF has, since 1991, assisted countries in meeting their obligations under the conventions that they have signed and ratified,such as the Convention on Biological Diversity (CBD), the United Nations Framework Convention on Climate Change, theUN Convention to Combat Desertification (UNCCD), etc. GEF provides grants for projects related to the following six focal areas:biodiversity, climate change, international waters, land degradation, the ozone layer and persistent organic pollutants. Seehttp://thegef.org91See, e.g., Forest Peoples Programme (2007b).92Convention on Biological Diversity (2004), COP 7 Decision VII/28.110 | CHAPTER III
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