The struggle for indigenous peoples’ rights has a long history at the international level. In 1970, the UN Sub-Commission on Prevention of Discrimination and Protection of Minorities recommended a comprehensive study on discrimination against indigenous populations, which was undertaken by Mr. José R. Martínez Cobo from 1973-1983. The Working Group on Indigenous Populations, established in 1982, worked for many years to develop principles and a draft declaration on the rights of indigenous peoples. The UN General Assembly finally adopted the UN Declaration on the Rights of Indigenous Peoples (UNDRIP) in resolution 61/295 on 13 September 2007, which remains the most comprehensive international instrument on this topic. It establishes a universal framework of minimum standards for the survival, dignity and wellbeing of indigenous peoples and elaborates on existing human rights standards and fundamental freedoms as they apply to the specific situation of indigenous peoples. The UN system now has three key mechanisms and procedures specifically for indigenous peoples: (a) the Permanent Forum on Indigenous Issues; (b) the Special Rapporteur on the Rights of Indigenous Peoples; and (c) the Expert Mechanism on the Rights of Indigenous Peoples.In addition to UNDRIP, indigenous peoples’ rights are also recognised in the International Labour Organisation (ILO) Convention No. 169 on Indigenous and Tribal Populations (1989), the Organisation of American States (OAS) American Declaration on the Rights of Indigenous Peoples (2016), and in the jurisprudence of the UN Committee on the Elimination of Racial Discrimination (CERD), the Inter American Commission and Court on Human Rights, and the African Commission and Court on Human and Peoples’ Rights.

In contrast, although the UN Convention on Biological Diversity (CBD) recognises local communities alongside indigenous peoples in Articles 8(j) and 10(c) on traditional knowledge and customary sustainable use of biodiversity, there is not yet any international instrument equivalent to UNDRIP for non-indigenous communities that have close relationships with and dependence upon their traditionally occupied territories. A recent report by Professor John Knox, the UN Special Rapporteur on human rights and the environment, acknowledged that States nevertheless have heightened obligations to protect such people under various grounds of international law, including as members of minorities and based on the principle of non-discrimination. This is also supported by jurisprudence of the Inter American Court and Commission and of CERD. The legal status of non-indigenous communities might be further clarified in the deliberations currently underway in the Human Rights Council’s open-ended intergovernmental working group on a UN declaration on the rights of peasants and other people working in rural areas.

There is arguably a close relationship between appropriately recognising and supporting ICCAs, and implementing UNDRIP and realising a range of human rights (see Stevens, 2010). The ICCA Consortium and its Members are actively participating in a number of UN fora, mechanisms and procedures on indigenous peoples’ rights and human rights more broadly, promoting the central importance of indigenous peoples’ and local communities’ collective rights and responsibilities and also seeking to monitor, halt and remedy human rights injustices in the conservation sector. Particular emphasis is placed on supporting members of indigenous peoples and local communities to represent themselves in such processes. Among other things, this has led to consideration of ICCAs in two recent reports of UN Special Rapporteurs, namely, Professor John Knox’s report on human rights and biodiversity (2017) and Ms. Victoria Tauli-Corpuz’s report on the impacts of conservation measures on indigenous peoples’ rights (2016). This closely relates to work on Biodiversity Law and Conservation Policy.

Key International Instruments, Mechanisms and Reports

UN Special Rapporteur’s Framework Principles on Human Rights and the Environment (2018)

On March 5, 2018, the UN Special Rapporteur on Human Rights and the Environment, Professor John H. Knox, presented the final report of his mandate to the 37th Session of the Human Rights Council in Geneva, which identifies 16 framework principles on human rights and the environment, addresses the human right to a safe, clean, healthy and sustainable environment and looks ahead to the next steps in the evolving relationship between human rights and the environment. Read more ▸

ICCA Consortium Attends Launch of UN Environmental Rights Initiative in Geneva

The work of Professor John Knox, UN Special Rapporteur on Human Rights and the Environment, has significantly helped move the profile of the links between human rights and the environment from the periphery to the centre of the UN’s agenda. The new Environmental Rights Initiative of the UN Environment Programme was launched during the 37th Session of the Human Rights Council. Read more ▸

Events and Actions

The ICCA Consortium at the 17th session of the UN Permanent Forum on Indigenous Issues

A delegation of 20 members of the ICCA Consortium was in New York from the 14th to the 23rd of April to participate in the 17th session of the United Nation Permanent Forum on Indigenous Issues. Two powerful statements in support of indigenous peoples’ collective rights and their role in conservation were made in the larger assembly, and our side-event on resistance to destructive development in ICCAs filled the room. Read more ▸

Key Resources on ICCAs
Other Recommended Resources

CICADA Launches Four Policy Briefs on Biocultural Diversity

CICADA, ICCA Consortium Member, launched the first four policy briefs of its series on biocultural diversity in settler state contexts. They identify challenges, explore opportunities, and provide recommendations on: biocultural indicators and the nexus of nature, culture, and well-being; livelihoods, food sovereignty, health, and well-being; information and communications technologies; and territorial defense in extractive contexts. Read more ▸

Natural Justice Launches the Third Edition of the Living Convention

On International Day of the World’s Indigenous Peoples, Natural Justice (ICCA Consortium Member) launched the third edition of the Living Convention. The Living Convention is a response to this important and often-asked question: “What are the rights of Indigenous peoples, local communities, peasants and their organisations at the international level?” It provides a foundation to ensure people are in a stronger position to understand the law, shape the law and use the law. Read more ▸

Statement: We Repudiate and Condemn the Murder of Elder Aj ilonel Domingo Choc Ché

Ajq’ij Domingo Choc Che was a husband and father, a community member who worked to help others, and an expert in the knowledge of herbs and medicinal plants and their ancestral uses. In the strongest terms possible, the ICCA Consortium joins Mayan and Guatemalan organisations in condemning Tat Domingo’s assassination and demanding swift action for justice, healing and peace.  Read more ▸

Nicaragua’s Failed Revolution: The Indigenous Struggle for Saneamiento

This new report, authored by our Honorary member Anuradha Mittal for the Oakland Institute, details the incessant violence facing the Indigenous communities in the Caribbean Coast Autonomous Regions of Nicaragua and provides in-depth information about the actors involved. It breaks the silence and calls attention to the Indigenous peoples’ ongoing struggle for their territories. Read more ▸

The ICCA Consortium Urges Authorities to Immediately Release and Drop Charges Against Indigenous and Peasant Leaders in Assam, India

Indigenous peoples’ rights and peasants’ rights activists Pranab Doley and Soneshwar Narah were arrested on 7 April 2020 in Assam, India. The arrests appear to be politically motivated with the intention of intimidating and silencing these community leaders, who have dedicated their lives to social justice and supporting Indigenous peoples, forest dwellers and peasant communities. Read more ▸

The Indigenous World 2020 – by IWGIA

IWGIA recently published its report ‘The Indigenous World 2020’. An impressive 114 authors contributed to the report; Indigenous and non-indigenous activists and scholars from all over the world. The work surveys the main events to impact the lives of Indigenous communities in 2019. The book will stand as a go-to reference for all who wish to be informed and current on the rights of Indigenous peoples.  Read more ▸

Global Report Identifies Land, Environmental and Indigenous Peoples’ Rights as Most Dangerous Sector for Human Rights Defenders

With growing global concern over our climate and ecological crises, those who defend Mother Earth should be gaining better protection – but instead, they are being targeted. According to Front Line Defenders’ annual global analysis, the fight for land, environmental and indigenous peoples’ rights was the most dangerous sector for defenders, comprising 40% of the human rights defenders killed in 2019.  Read more ▸

A new resource for African environmental defenders

On International Human Rights Day, Natural Justice (ICCA Consortium Member) and the International Land Coalition present “African Environmental Defenders”, a resource for African land and environmental defenders. It aims at providing funding support in emergency situations.  Read more ▸

The Geneva Declaration – Companies Must Commit to Zero Tolerance Against Killing and Violence in Supply Chains

Representatives from indigenous peoples, afro-descendant, and peasant communities from 16 countries issued the Geneva Declaration, an urgent call for action that demands governments and companies end the violence, killing, and deliberate criminalisation of people defending their rights, their lands and their communities. Forest Peoples Programme (ICCA Consortium Member) participated in this process.  Read more ▸

A Major Victory for Land Rights Defenders

In 2013, the World Bank launched its Enabling the Business of Agriculture Project, with the aim of guiding pro-business reforms in the agriculture sector by “scoring” countries on the “ease of doing business”. After five years of campaigning and advocacy on the part of land rights defenders, the World Bank has dropped a land indicator that aimed at privatizing the commons in the Global South. ICCA Consortium Honorary member Anuradha Mittal explains the process that led to this major victory, and the future perspectives of the campaign.  Read more ▸

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First published on 05/29/2016, and last updated on 07/03/2017