3.4.4. Ensure Indigenous peoples and Local communities and all rightsholders and stakeholders are fully informed, involved, consulted and on an equitable basis, in site governance, planning and manage
Primary tools and resources
Nagoya Protocol on Access and Benefit-sharing
The Nagoya Protocol on Access to Genetic Resources and the Fair and Equitable Sharing of Benefits Arising from their Utilization to the Convention on Biological Diversity. is a supplementary agreement to the Convention on Biological Diversity. It is a transparent legal framework for the effective implementation of the fair and equitable sharing of benefits arising out of the utilization of genetic resources, thereby contributing to the conservation and sustainable use of biodiversity. The Nagoya Protocol sets out core obligations for its contracting Parties to take measures in relation to access to genetic resources, benefit-sharing and compliance. The Nagoya Protocol addresses traditional knowledge associated with genetic resources with provisions on access, benefit-sharing, and compliance. It also addresses genetic resources where indigenous and local communities have the established right to grant access to them. Contracting Parties should take measures to ensure these communities’ free, prior, informed consent, keeping in mind community laws and procedures as well as customary use and exchange. The Nagoya Protocol entered into force on 12 October 2014.
How to use
The Nagoya Protocol is available in English, French, Spanish, Arabic, Chinese, and Russian at: https://www.cbd.int/abs
Nagoya Protocol Factsheets on access and benefit sharing can be downloaded at: https://www.cbd.int/abs/factsheet
United Nations Declaration on the Rights of Indigenous Peoples (UNDRIP)
The Declaration is a comprehensive instrument detailing the rights of indigenous peoples in international law and policy. It establishes a universal framework of minimum standards for the survival, dignity, wellbeing and rights of the world’s indigenous peoples.
The Declaration addresses both individual and collective rights; cultural rights and identity; rights to education, health, employment, language, and others. It outlaws discrimination against indigenous peoples and promotes their full and effective participation in all matters that concern them.
It also ensures their right to remain distinct and to pursue their own priorities in economic, social and cultural development. The Declaration explicitly encourages harmonious and cooperative relations between States and indigenous peoples.
IUCN Standard on Indigenous Peoples
The Standard represents IUCN’s policy objectives with respect to indigenous peoples. It contains eight policy objectives for projects undertaken or supported by IUCN to support indigenous peoples and promote their role in conservation and management of sustainable resources.
The purpose of this Standard is to ensure that IUCN projects anticipate and avoid negative impacts on indigenous peoples or to minimise and/or compensate for impacts; take all rights and needs of indigenous peoples fully into account in project planning and implementation; and ensure that their customs, cultural and spiritual values, and perspectives on the environment are included.
Other tools and resources
IWC Aboriginal Subsistence Whaling Management Programme (ASWMP): science-based management of aboriginal whaling activities
In some parts of the world, whale products play an important role in the nutritional and cultural life of native peoples. Four IWC member countries conduct aboriginal subsistence hunts today: Denmark (Greenland), Russia (Chukotka), St Vincent and the Grenadines (Bequia) and the United States (Alaska and also potentially a resumption of hunts previously undertaken by the Makah Tribe of Washington State).
From the outset, the IWC recognised that indigenous or aboriginal subsistence whaling is not the same as commercial whaling. Aboriginal whaling does not seek to maximise catches or profit. It is categorised differently by the IWC and is not subject to the moratorium. The IWC recognises that its regulations have the potential to impact significantly on traditional cultures, and great care must be taken in discharging this responsibility.
In summary, the IWC objectives for management of aboriginal subsistence whaling are to ensure that hunted whale populations are maintained at (or brought back to) healthy levels, and to enable native people to hunt whales at levels that are appropriate to cultural and nutritional requirements in the long term.
CBD decision on integration of provisions related to indigenous peoples and local communities in the work of the Convention and its Protocols
DECISION ADOPTED BY THE CONFERENCE OF THE PARTIES TO THE CONVENTION ON
BIOLOGICAL DIVERSITY
14/17. Integration of Article 8(j) and provisions related to indigenous peoples and local communities in the work of the Convention and its Protocols
