STATE OF THE WORLD's INDIGENOUs PEOpLEs - CINU

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EMBARGOED UNTIL 14 January 2010STATE OF THE WORLD’S INDIGENOUS PEOPLESNot for distributionbe avoided at all costs. Indigenous peoples or their representatives should have a voice in anda vote on the decision-making body of the Partnership Facility and of other climate changefunds that will have impacts on them. In the case of those who opt not to participate in reducingemissions from deforestation and degradation or in the projects supported by the PartnershipFacility, their choice should be respected. The Forum calls on all parties to ensure that the UnitedNations Declaration on the Rights of Indigenous Peoples is implemented when undertakingthese processes. 123Concluding RemarksSince the Earth Summit in 1992, interest in the rights of indigenous peoples in relation to the environment hascontinued to grow. There is now a better understanding of the importance of traditional lands and naturalresources for the economic, cultural and spiritual survival of indigenous peoples, and indigenous values,knowledge and perspectives are increasingly respected as vital contributions to the renewal of society andnature. 124 The creation of a number of mechanisms specifically targeted at indigenous peoples 125 has contributedsignificantly to this development.Indigenous peoples have invested enormous efforts in the work related to the different processes within theCommittee for Sustainable Development, the Convention on Biological Diversity, the Forest Forum and theFramework Convention on Climate Change. It has been an uphill battle to gain recognition as valuable partnerstoday, but indigenous peoples have become highly visible in international environmental fora.At the local and national level, however, indigenous land rights, land use and resource management remaincritical issues. The environmental damage to indigenous lands and territories has been substantial: flora andfauna species have become extinct or endangered, unique ecosystems have been destroyed, and rivers andother water catchments have been heavily polluted. Commercial plant varieties have replaced the many locallyadapted varieties used in traditional farming systems, leading to an increase in industrialized farming methods.In many countries, development projects, mining and forestry activities, and agricultural and conservationprogrammes continue to displace indigenous peoples. In addition, indigenous peoples are now also facing newchallenges, such as biotechnology, intellectual property rights and, not least, the impacts of climate change. Formany indigenous peoples, climate change is a potential threat to their very existence and a major issue of humanrights and equity.It has been argued that this situation is the result of the current treaty-based framework of international law,including the Convention on Biological Diversity, which is poorly equipped to accommodate non-state playerssuch as indigenous peoples with rights equivalent to those of states. 126 International law is built on the principleof state sovereignty and Article 3 of the CBD therefore affirms that “States have, in accordance with the Charterof the United Nations and the principles of international law, the sovereign right to exploit their own resourcespursuant to their own environmental policies.…”123UNPFII (2008), para. 49.124Carino (2001), 4.125 These mechanisms include the two International Decades of the World’s Indigenous People (1995-2004 and 2005-2015); the PermanentForum on Indigenous Issues (2000); the Special Rapporteur Mechanism on the situation of human rights and fundamentalfreedoms of indigenous people (2001); the Declaration on the Rights of Indigenous Peoples (2007); and the Human Council’sExpert Mechanism on the Rights of Indigenous Peoples (2007).126Westra (2008), 9 citing Metcalf (2004).THE ENVIRONMENT | 119
EMBARGOED UNTIL 14 January 2010STATE OF THE WORLD’S INDIGENOUS PEOPLESNot for distributionHowever, it has also been argued “that the CBD must be read consistently with the superior authority of theUN Charter whose article 1(3) defines one of the primary purposes and principles of the UN as ‘promotingand encouraging respect for human rights and fundamental freedoms for all without distinction as to race,sex, language or religion.…’ In the exercise of their sovereign will, the vast majority of states have voluntarilyaccepted this international legal obligation by ratifying international human rights conventions. 127 These andother obligations are not suspended in connection with CBD; Article 22 of the Convention on Biological Diversityspecifically states that its provisions ‘shall not affect the rights and obligations of any Contracting party derivingfrom any existing international agreement, except where the exercise of those rights and obligations wouldcause a serious damage or threat to biological diversity’”. 128 The Declaration on the Rights of Indigenous Peoplesalso refers to international human rights obligations and states in its Article 32 (3) that: its provisions “shall beinterpreted in accordance with the principles of justice, democracy, respect for human rights, equality, nondiscrimination,good governance and good faith”.But good international policies do not necessarily result in good implementation, and one of the greatest challengeslies at the national level. Many indigenous peoples have a distinct legal status within their countries, are barelyrecognized as equal citizens, and face multiple constraints when trying to claim the rights that international lawgrants them. This does not mean that efforts at the international level should not be sustained. On the contrary,because it is here that indigenous peoples, aside from their political aims, can develop a multiplicity of additionalrelationships, that are critically important for self-realization and the exercise of self-determination 129 and canhave the opportunity for face-to-face interactions and dialogues with decision-makers at the national level andthereby the possibility to impact domestic policies.At both levels, the Declaration can be a useful tool. Indigenous participants in recent CBD meetings on theInternational Regime on Access to Genetic Resources and Benefit-Sharing pointed out that the Declarationcontained articles of direct relevance to the issues under discussion and that any component or provision ofthe International Regime had to be consistent with the Declaration. At the same time, they also noted among theParties a widespread recognition of the Declaration as a new framework to be taken into account. 130On the international and domestic stages, the challenge for indigenous peoples is therefore to continue toassert their sovereign rights as peoples to access their lands and natural resources, to participate in decisionsconcerning these resources, and to use their right of free, prior and informed consent.127For instance, the International Covenant on Civil and Political Rights (ICCPR), the International Covenant on Economic, Socialand Cultural Rights (IESCR), and the International Covenant on the Elimination of Racial Discrimination (ICERD).128Forest Peoples Programme (2004b), 2.129Carino (2001), 5.130IWGIA (2008), 564.120 | CHAPTER III
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STATE OF THE WORLD's INDIGENOUs PEOpLEs - CINU

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