STATE OF THE WORLD's INDIGENOUs PEOpLEs - CINU

EMBARGOED UNTIL 14 January 2010STATE OF THE WORLD’S INDIGENOUS PEOPLESNot for distribution recognize the customary practices and legal system related to the sustainable use and conservation ofbiodiversity; recognize the rights of indigenous peoples to their territories, lands and resources and the rights of FreePrior Informed Consent; review and reform national protected area policies and laws that contravene the goals and targets ofElement 2 of the programme; and, train protected area managers and personnel in participatory approaches and to recognize and respectindigenous rights. 96At COP 9 (May 2008), the Parties decided to promote the establishment of “effective processes for the full andeffective participation of indigenous and local communities, in full respect of their rights and recognition of theirresponsibilities, in the governance of protected areas, consistent with national law and applicable internationalobligations”. 97 This would include building capacity for indigenous and local communities to enable theirparticipation in establishing and managing protected areas and preserving and maintaining traditional knowledgefor the conservation and sustainable use of biodiversity in the management of protected areas. 98Forest issuesPolicy commitments developed at the international level urge states to promote, support, protect and encouragethe use of traditional knowledge and customary practices of indigenous peoples in the management and useof forest resources. These policy commitments can be found in specific instruments such as Agenda 21 (e.g.,Chapter 11 on Combating Deforestation), the Convention on Biological Diversity, the non-legally binding ForestPrinciples and the Millennium Development Goals (Goal No.7 on Environmental Sustainability).Since UNCED, the international community has made significant progress in the development of internationalforestry policy focused on sustainable forest management. However, there is much concern that progress onthe ground is poor, and there is no effective monitoring system. Whilst there are state reports to the UNFF andCBD, and national strategy documents such as National Forest Plans (NFPs), National Forest Action Programmes(NFAPs), and National Biodiversity Strategy and Action Plans (NBSAPs) have been produced, information oneffective implementation in laws and policies and related actions on the ground is far more difficult to obtain. 99Regarding the Non-Legally Binding Instrument on all Types of Forests (NLBI), indigenous peoples have pointedout that it is not clear whether such an instrument would better conserve forests and provide better protections ofthe rights of indigenous peoples because states seem to be unwilling to deal with social justice and human rightsissues and instead prefer to strengthen state power and sovereignty over natural resources. A recurrent concernis that UNEP and UNFF, when defining “forests”, do not make the distinction between natural forests and forestplantations (of oil palms, for instance). This means that countries that expand the area for tree plantation canclaim that they are achieving MDG 7 because one of its indicators is “proportion of lands covered by forests”. 10096Indigenous Statement (2008).97Convention on Biological Diversity (2008a), 165: Decision IX/18, 6(d).98Convention on Biological Diversity (2008a), 165: Decision IX/18,12.99See Newing (2004).100Tauli-Corpuz and Tamang (2007).112 | CHAPTER III