Integrating human rights into biodiversity action
Image source: www.capitalscoalition.org
By Nyaguthii Chege, ED, Natural Justice – East Africa
This week is ending on an inspiring note for the indigenous people and local communities worldwide and East Africa in particular, following another landmark judgment by the African Court of Human and Peoples Rights on the Ogiek’s right to live on their ancestral land.
A significant win, considering the ongoing negotiations here at the UN, is that the Court not only ordered the Kenyan government to assure the Ogiek of unhindered use and enjoyment of their land but also orders the government to recognize, respect, protect, and consult the Ogiek, in accordance with their traditions and customs, on all matters concerning development, conservation, or investment on their lands. The order also reaffirmed the central role Free, Prior and Informed Consent plays in protecting the rights of indigenous people. Yet, rights and participation are meaningless if the governments do not respect the rule of law and implement rulings and judgements.
The Court judgment recognizes that Indigenous people have a deep and age-old understanding of how to sustainably use their land that decision-makers and the public can hugely benefit from. Yet this does not happen – in fact, the fortress protection model of conservation not only brings with it human rights violations but also denies the world an opportunity to learn and benefit from the wisdom and practices of Indigenous peoples.
People who are on the margins, including IPLCs, frequently are the first casualties of human rights violations in development activities involving conservation efforts that evict them from their lands and restrict their involvement in managing the areas without their input. We can end this if we have as many parties as possible strengthening the language on FPIC to ensure meaningful involvement of the indigenous and local communities.
The relatively new trend of heavy militarization and the use of deadly weapons in protected areas is worrying. The horrifying images from Loliondo, Tanzania, continue to cast a heavy cloud over the proceedings here at the UN. Conservation that respects the rights of the communities who live on the land need not be a violent activity. Further, recent studies affirm that territories managed by Indigenous people show positive trends in the maintenance and increase of biodiversity.
In the same breadth, Goal C must ensure benefits arising from the sustainable use of biodiversity are shared equally with the indigenous peoples and local communities by strengthening the instruments that promote equitable access to resources and benefit-sharing.
It is important that the voices of women and youth are adequately captured in these negotiations and reflected in the outcomes, primarily because they suffer disproportionately from the impacts of climate change and the loss of biodiversity. Women and youth who are excluded from decisions that result in a reduction of security of tenure in their land, are especially vulnerable. Respect for the rights of women and their full, equitable and effective participation in decision-making-making is an essential component of good governance and a prerequisite to the sustainable management of their land, and ultimately to the goal of addressing the twin impacts of biodiversity loss and climate change.
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