Editors --- "Indigenous Peoples and Conservation:- WWF Statement of Principles - Digest" [1996] AUIndigLawRpr 90; (1996) 1(4) Australian Indigenous Law Reporter 740

• Preamble
• I. Rights and Interests of Indigenous Peoples
• II. Conservation Objectives
• III. Principles of Partnerships

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Indigenous Peoples and Conservation:
WWF Statement of Principles

In May 1996, the World Wide Fund for Nature (WWF) adopted a statement of principles on Indigenous Peoples and Conservation. The statement is entitled Principles for partnership between WWF and Indigenous peoples' organisations in conserving biodiversity within Indigenous peoples' lands and territories, and in promoting sustainable use of natural resources.

The WWF proposes to update the statement of principles to incorporate new views or perspectives. Guidelines will be prepared to assist WWF programme staff in their work relating to the statement.

Preamble

1. Most of the remaining significant areas of high natural value on earth are inhabited by indigenous peoples. This testifies to the efficacy of indigenous resource management systems. Indigenous peoples and conservation organisations should be natural allies in the struggle to conserve both a healthy natural world and healthy human societies. Regrettably, the goals of conserving biodiversity and protecting and securing indigenous cultures and livelihoods have sometimes been perceived as contradictory rather than mutually reinforcing.

2. The principles for partnership outlined in this statement arise from WWF's mission to conserve biodiversity, combined with a recognition that indigenous peoples have been often stewards and protectors of nature. Their knowledge, social, and livelihood system - their cultures - are closely attuned to the natural laws operating in local ecosystems. Unfortunately, such nature-attuned cultures have become highly vulnerable to destructive forces related to unsustainable use of resources, population expansion, and the global economy.

3. WWF recognises that industrialised societies bear a heavy responsibility for the creation of these destructive forces. WWF believes that environmental and other non-governmental organisations, together with other institutions worldwide, should adopt strategies with indigenous peoples, both to correct the national and international political, economic, social, and legal imbalances giving rise to these destructive forces, and to address their local effects. The following principles aim to provide guidance in formulating and implementing such strategies.

I. Rights and Interests of Indigenous Peoples

4. WWF acknowledges that, without recognitions of the rights of indigenous peoples, no constructive agreements can be drawn up between conservation organisations and indigenous peoples groups.

5. Since indigenous peoples are often discriminated against and politically marginalised, WWF is committed to make special efforts to respect, protect, and comply with their basic human rights and customary as well as resource rights, in the context of conservation initiatives. This includes, but is not limited to, those set out in national and international law, and in other international instruments.

In particular, WWF fully endorses the provisions about indigenous peoples contained in the following international instruments:

' Agenda 21

' Convention on Biological Diversity ILO Convention 169 (Convention Concerning Indigenous and Tribal Peoples in Independent Countries) [1]

' Draft UN Declaration on the Rights of Indigenous Peoples [2]

6. WWF appreciates the enormous contributions indigenous peoples have made to the maintenance of many of the earth's most fragile ecosystems. It recognises the importance of indigenous resource rights and knowledge for the conservation of these areas in the future.

7. WWF recognises indigenous peoples as rightful architects of and partners for conservation and development strategies that affect their territories.

8. WWF recognises that indigenous peoples have the rights to the lands, territories, and resources that they have traditionally owned or otherwise occupied or used, and that those rights must be recognised and effectively protected, as laid out in the ILO Convention 169.

9. WWF recognises the right of indigenous peoples to exert control over their lands, territories, and resources, and establish on them the management and governance systems that best suit their cultures and social needs, whilst respecting national sovereignty and conforming to national conservation and development objectives.

10. WWF recognises, respects, and promotes the collective rights of indigenous peoples to maintain and enjoy their cultural and intellectual heritage.

11. Consistent with article 7 of the ILO Convention 169, WWF recognises indigenous peoples' right to decide on issues such as technologies and management systems to be used on their lands, and supports their application insofar as they are environmentally sustainable and contribute to the conservation of nature.

12. WWF recognises that indigenous peoples have the right to determine priorities and strategies for the development or use of their lands, territories, and other resources, including the right to require that States obtain their free and informed consent prior to the approval of any project affecting those lands, territories, and resources.

13. WWF recognises and supports the rights of indigenous peoples to improve the quality of their lives, and to benefit directly and equitably from the conservation and sustainable use of natural resources within their territories.

14. In instances where multiple local groups claim rights to resources in indigenous territories, WWF recognises the primary rights of indigenous peoples based on historical claims and long-term presence, with due regard for the rights and welfare of other legitimate stakeholders.

15. WWF respects the rights of indigenous peoples to enjoy an equitable share in any economic or other benefits realised from their intellectual property and traditional knowledge, building on the provisions of the Convention on Biological Diversity.

16. In conformity with the provisions of the ILO Convention 169, WWF recognises the right of indigenous peoples not to be removed from the territories they occupy. Where their relocation is considered necessary as an exceptional measure, it shall take place only with their free, prior informed consent.

II. Conservation Objectives

17. At the heart of WWF's work is the belief that the earth's natural systems, resources, and life forms should be conserved for their intrinsic value and for the benefit of future generations.

WWF bases all of its conservation work on the principles contained in its Mission statement.

In addition, WWF fully endorses the provisions about biodiversity conservation and sustainable development contained in the following documents:

' Agenda 21

' Convention on Biological Diversity

' Convention on Trade in Endangered Species of Flora and Fauna (CITES)

' Convention on Wetlands of International Importance (Ramsar Convention)

' Caring for the Earth

18. WWF encourages and supports ecologically sound development activities, particularly those that link conservation and human needs. WWF may choose not to support, and many actively oppose, activities it judges unsustainable from the standpoint of species or ecosystems, or which are inconsistent with WWF policies on endangered or threatened species or with international agreements protecting wildlife and other natural resources, even if those activities are carried out by indigenous communities.

19. WWF seeks out partnerships with local communities, grass roots groups, non-governmental organisations, governments, corporations, international funding institutions, and other groups, including indigenous communities and indigenous peoples' organisations, who share WWF's commitment to the following conservation objectives.

(i) Conservation of biodiversity: to conserve biological diversity at the genetic, species, and ecosystem levels; to improve knowledge and understanding of species and ecosystems; to protect endangered species of animals and plants; to maintain ecosystem functions; to maintain protected areas and improve their management.

(ii) Sustainable use of resources: to ensure that any harvest of natural resources is sustainable; to support community management or renewable resources according to subsistence and cultural needs; to use recycling methods where appropriate; to use resource-efficient methods and technologies; and to substitute non-renewable with renewable resources wherever possible.

(iii) Pollution prevention: to prevent, wherever possible, discharges of environmentally damaging substances, and ensure that products and processes are non-polluting.

III. Principles of Partnerships

20. The following principles will govern: (i) WWF conservation activities within indigenous peoples' lands and territories; (ii) WWF partnerships with indigenous peoples' organisations; (iii) WWF partnerships with other organisations whose activities may impact upon indigenous peoples.

21. Wherever it promotes conservation objectives, and in the context of its involvement in conservation activities affecting indigenous peoples' lands and territories, WWF will encourage governments to 'take steps as necessary ... to guarantee effective protection of [indigenous peoples'] rights of ownership and possession' of those lands and territories, as determined by the ILO Convention 169 (art 14).

22. Prior to initiating conservation activities in an area, WWF will exercise due diligence to:

' seek out information about the historic claims and current exercise of customary rights of indigenous peoples in that area; and

' inform itself about relevant constitutional provisions, legislation, and administrative practices affecting such rights and claims in the national context.

23. When WWF conservation activities impinge on areas where historic claims and/or current exercise of customary resource rights of indigenous peoples are present, WWF will assume an obligation to:

' identify, seek out, and consult with legitimate representatives of relevant indigenous peoples' organisations at the earliest stages of programme development; and

' provide fora for consultation between WWF and affected peoples, so that information can be shared on an ongoing basis, and problems, grievances, and disputes related to the partnership can be resolved in a timely manner.

In addition, consistent with the relevance and significance of the proposed activities to the achievement of conservation objectives, WWF will be ready to:

' assist indigenous peoples' organisations in the design, implementation, monitoring, and evaluation of conservation activities, and to invest in strengthening such organisations and in developing relevant human resources in the respective indigenous communities;

' assist them in gaining access to other sources of technical and financial support to advance those development objectives that fall outside WWF's mission.

24. In instances where states or other stakeholders, including long-term residents, contest the rights of indigenous peoples, WWF will be ready to assist indigenous peoples to protect, through legally accepted mechanisms, their natural resource base, consistent with the achievement of WWF's Mission and subject to availability of resources.

25. Where the resource rights of indigenous peoples are challenged by national governments, private corporations, and/or other groups, and the defence of those rights are deemed relevant and significant to the achievement of its Mission, WWF will, in coordination and consultation with indigenous peoples' organisations and subject to availability of resources:

' seek out and/or invest in the development of legitimate and transparent mechanisms to resolve conflicts at local, regional, national, and international levels, as appropriate;

' seek to ensure that the primary rights and interests of indigenous peoples are well represented in such fora, including investment to inform and prepare indigenous peoples' representatives to take part in negotiations.

26. Consistent with WWF conservation priorities, WWF will promote and advocate for the implementation of article 7 of the ILO Convention 169:

'Governments shall take measures, in co-operation with the peoples concerned, to protect and preserve the environment of the territories they inhabit'.

27. WWF will not promote or support, and may actively oppose, interventions which have not received the prior free and informed consent of affected indigenous communities, and/or would adversely impact - directly or indirectly - on the environment of indigenous peoples' territories, and/or would affect their rights. This includes activities such as:

' economic or other development activities;

' natural resources exploitation;

' commercially oriented or academic research;

' resettlement of indigenous communities;

' creation of protected areas or imposition of restrictions on subsistence resource use;

' colonisation within indigenous territories.

28. With respect to the existing knowledge of indigenous communities, prior to starting work in a particular area, WWF will establish agreements with the indigenous organisations representing local communities, to ensure that they are able to fully participate in decisions about the use of knowledge acquired in or about the area they inhabit, and equitably benefit from it. These agreements will explicitly determine the ways and conditions under which WWF will be allowed to use such knowledge.

29. In the context of its partnerships with organisations other than those specifically representing the interests of indigenous peoples (including national governments, donor agencies, private corporations, and non-governmental organisations), WWF will:

' ensure that such partnerships do not undermine, and if possible serve to actively promote, the basic human rights and customary resource rights of indigenous peoples;

' ensure that all relevant information developed through such partnerships and accessible to WWF, is shared with the appropriate representatives of indigenous peoples;

' ensure that any national or international advocacy or fundraising activity related to indigenous peoples will be undertaken in consultation with representatives of relevant indigenous peoples' organisations.

30. WWF recognises that the resolution of problems related to indigenous peoples may require action in international fora, in addition to national interventions. In pursuit of the foregoing principles, and in order to enhance its own understanding of indigenous peoples' issues, and when consistent and relevant to its conservation objectives, WWF will:

' actively seek inclusion and engagement in relevant international, as well as national fora

' initiate an ongoing process of dialogue with indigenous peoples' groups on the principles for partnership proposed herein

31. WWF commits itself to promoting nationally and internationally, whenever possible and appropriate, the implementation of all of these principles in the context of conservation actions within indigenous peoples' lands and territories.

32. WWF is committed to upholding the above principles, and the spirit that informs them, to the best of its abilities.

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Endnotes

[1] Adopted by the General Conference of the International Labour Organisation on 27 June 1989.

[2] As adopted by the Working Group on Indigenous Populations of the Sub-Commission on Prevention of Discrimination and Protection of Minorities of the UN Commission on Human Rights, at its eleventh session (UN document E/CN 4/Sub 2/1993/29, annex 1).