Australian Indigenous Law Reporter
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1. In its resolution 50/157 of 21 December 1995, the General Assembly recommended that the Secretary-General undertake a review, in close consultation with Governments and taking into account the views of indigenous people, of the existing mechanisms, procedures and programmes within the United Nations concerning indigenous people, and report to the General Assembly at its fifty-first session.
2. The Assembly also recommended that the Secretary-General ensure coordinated follow-up to the recommendations concerning indigenous people of relevant world conferences, namely, the World Conference on Human Rights (Vienna, 14-25 June 1993), the United Nations Conference on Environment and Development (Rio de Janeiro, 3-14 June 1992), the International Conference on Population and Development (Cairo, 5-13 September 1994), the Fourth World Conference on Women (Beijing, 4-15 September 1995) and the World Summit for Social Development (Copenhagen, 6-12 March 1995).
3. In its resolution 1996/41 the Commission on Human Rights welcomed the General Assembly recommendations. The Commission also urged the relevant United Nations bodies, specialized agencies and financial institutions responsible for the relevant existing mechanisms, procedures and programmes to facilitate the completion of the review in accordance with General Assembly resolution 50/157.
4. The Commission on Human Rights requested, in particular, the Working Group on Indigenous Populations to place the Working Group's own contribution to the review of existing mechanisms, procedures and programmes concerning indigenous people on the agenda of its fourteenth session.
5. The present compilation, containing (a) extracts of declarations and programmes of action pertaining to indigenous peoples of United Nations high-level conferences and (b) conclusions and recommendations of United Nations meetings of `experts on issues relating to indigenous peoples, is made in order to facilitate discussions at the fourteenth session of the Working Group on Indigenous Populations.
6. The conclusions and recommendations of United Nations meetings of experts are quoted in full in this compilation (contained in E/CN.4/Sub.2/AC.4/1996/5/Add.2), whereas the declarations and programmes of action of the high-level conferences are selected extracts. The declarations and programmes of action of the high-level conferences may also have other parts that are of interest and relevance to indigenous people than the selected principal parts.
7. The declaration and any relevant extracts of a programme of action
pertaining to indigenous peoples from the United Nations Conference
on Human
Settlement (Habitat II), held in Istanbul from 3 to 14 June 1996, will
be
included as an addendum to this compilation. The conclusions and
recommendations on indigenous land
rights and claims adopted at the meeting
in Whitehorse, Canada (1996) are contained in document
E/CN.4/Sub.2/AC.4/1996/6.
I. UNITED NATIONS CONFERENCE ON ENVIRONMENT AND DEVELOPMENT
A. Rio Declaration on Environment and Development
Having met at Rio de Janeiro from 3 to 14 June 1992,
Reaffirming the Declaration on the United Nations Conference on the Human Environment, adopted at Stockholm on 16 June 1972, and seeking to build upon it,
With the goal of establishing a new and equitable global partnership through the creation of new levels of cooperation among States, key sectors of societies and people,
Working towards international agreements which respect the interests of all and protect the integrity of the global environmental and developmental system,
Recognizing the integral and interdependent nature of the Earth, our home,
Proclaims that:
Principle 1
Human beings are at the centre of concerns for sustainable development. They are entitled to a healthy and productive life in harmony with nature.
Principle 2
States have, in accordance with the Charter of the United Nations and the principles of international law, the sovereign right to exploit their own resources pursuant to their own environmental and developmental policies, and the responsibility to ensure that activities within their jurisdiction or control do not cause damage to the environment of other States or of areas beyond the limits of national jurisdiction.
Principle 3
The right to development must be fulfilled so as to equitably meet developmental and environmental needs of present and future generations.
Principle 4
In order to achieve sustainable development, environmental protection shall constitute an integral part of the development process and cannot be considered in isolation from it.
Principle 5
All States and all people shall cooperate in the essential task of eradicating poverty as an indispensable requirement for sustainable development, in order to decrease the disparities in standards of living and better meet the needs of the majority of the people of the world.
Principle 6
The special situation and needs of developing countries, particularly the least developed and those most environmentally vulnerable, shall be given special priority. International actions in the field of environment and development should also address the interests and needs of all countries.
Principle 7
States shall cooperate in a spirit of global partnership to conserve, protect and restore the health and integrity of the Earth's ecosystem. In view of the different contributions to global environmental degradation, States have common but differentiated responsibilities. The developed countries acknowledge the responsibility that they bear in the international pursuit of sustainable development in view of the pressures their societies place on the global environment and of the technologies and financial resources they command.
Principle 8
To achieve sustainable development and a higher quality of life for all people, States should reduce and eliminate unsustainable patterns of production and consumption and promote appropriate demographic policies.
Principle 9
States should cooperate to strengthen endogenous capacity-building for sustainable development by improving scientific understanding through exchanges of scientific and technological knowledge, and by enhancing the development, adaptation, diffusion and transfer of technologies, including new and innovative technologies.
Principle 10
Environmental issues are best handled with the participation of all concerned citizens, at the relevant level. At the national level, each individual shall have appropriate access to information concerning the environment that is held by public authorities, including information on hazardous materials and activities in their communities, and the opportunity to participate in decision-making processes. States shall facilitate and encourage public awareness and participation by making information widely available. Effective access to judicial and administrative proceedings, including redress and remedy, shall be provided.
Principle 11
States shall enact effective environmental legislation. Environmental standards, management objectives and priorities should reflect the environmental and developmental context to which they apply. Standards applied by some countries may be inappropriate and of unwarranted economic and social cost to other countries, in particular developing countries.
Principle 12
States should cooperate to promote a supportive and open international economic system that would lead to economic growth and sustainable development in all countries, to better address the problems of environmental degradation. Trade policy measures for environmental purposes should not constitute a means of arbitrary or unjustifiable discrimination or a disguised restriction on international trade. Unilateral actions to deal with environmental challenges outside the jurisdiction of the importing country should be avoided.
Environmental measures addressing transboundary or global environmental programmes should, as far as possible, be based on an international consensus.
Principle 13
States shall develop national law regarding liability and compensation for the victims of pollution and other environmental damage. States shall also cooperate in an expeditious and more determined manner to develop further international law regarding liability and compensation for adverse effects of environmental damage caused by activities within their jurisdiction or control to areas beyond their jurisdiction.
Principle 14
States should effectively cooperate to discourage or prevent the relocation and transfer to other States of any activities and substances that cause severe environmental degradation or are found to be harmful to human health.
Principle 15
In order to protect the environment, the precautionary approach shall be widely applied by States according to their capabilities. Where there are threats of serious or irreversible damage, lack of full scientific certainty shall not be used as a reason for postponing cost-effective measures to prevent environmental degradation.
Principle 16
National authorities should endeavour to promote the internalization of environmental costs and the use of economic instruments, taking into account the approach that the polluter should, in principle, bear the cost of pollution, with due regard to the public interest and without distorting international trade and investment.
Principle 17
Environmental impact assessment, as a national instrument, shall be undertaken for proposed activities that are likely to have a significant adverse impact on the environment and are subject to a decision of a competent national authority.
Principle 18
States shall immediately notify other States of any natural disasters or other emergencies that are likely to produce sudden harmful effects on the environment of those States. Every effort shall be made by the international community to help States so afflicted.
Principle 19
States shall provide prior and timely notification and relevant information to potentially affected States on activities that may have a significant adverse transboundary environmental effect and shall consult with those States at an early stage and in good faith.
Principle 20
Women have a vital role in environmental management and development. Their full participation is therefore essential to achieve sustainable development.
Principle 21
The creativity, ideals and courage of the youth of the world should be mobilized to forge a global partnership in order to achieve sustainable development and ensure a better future for all.
Principle 22
Indigenous people and their communities and other local communities have a vital role in environmental management and development because of their knowledge and traditional practices. States should recognize and duly support their identity, culture and interests and enable their effective participation in the achievement of sustainable development.
Principle 23
The environment and natural resources of people under oppression, domination and occupation shall be protected.
Principle 24
Warfare is inherently destructive of sustainable development. States shall therefore respect international law providing protection for the environment in times of armed conflict and cooperate in its further development, as necessary.
Principle 25
Peace, development and environmental protection are interdependent and indivisible.
Principle 26
States shall resolve all their environmental disputes peacefully and by appropriate means in accordance with the Charter of the United Nations.
Principle 27
States and people shall cooperate in good faith and in a spirit of partnership in the fulfilment of the principles embodied in this Declaration and in the further development of international law in the field of sustainable development.
B. Agenda 21: Programme of Action for Sustainable Development
1. Chapter 10 -- Integrated approach to the planning and management of land resources
Introduction
10.1 Land is normally defined as a physical entity in terms of its topography and spatial nature; a broader integrative view also includes natural resources: the soils, minerals, water and biota that the land comprises. These components are organized in ecosystems which provide a variety of services essential to the maintenance of the integrity of life-support systems and the productive capacity of the environment. Land resources are used in ways that take advantage of all these characteristics. Land is a finite resource, while the natural resources it supports can vary over time and according to management conditions and uses. Expanding human requirements and economic activities are placing ever increasing pressures on land resources, creating competition and conflicts and resulting in suboptimal use of both land and land resources. If, in the future, human requirements are to be met in a sustainable manner, it is now essential to resolve these conflicts and move towards more effective and efficient use of land and its natural resources. Integrated physical and land-use planning and management is an eminently practical way to achieve this. By examining all uses of land in an integrated manner, it makes it possible to minimize conflicts, to make the most efficient trade-offs and to link social and economic development with environmental protection and enhancement, thus helping to achieve the objectives of sustainable development. The essence of the integrated approach finds expression in the coordination of the sectoral planning and management activities concerned with the various aspects of land use and land resources.
10.2 The present chapter consists of one programme area, the integrated approach to the planning and management of land resources, which deals with the reorganization and, where necessary, some strengthening of the decision-making structure, including existing policies, planning and management procedures and methods that can assist in putting in place an integrated approach to land resources. It does not deal with the operational aspects of planning and management, which are more appropriately dealt with under the relevant-sectoral programmes. Since the programme deals with an important cross-sectoral aspect of decision-making for sustainable development, it is closely related to a number of other programmes that deal with that issue directly.
Programme area
Integrated approach to the planning and management of land resources
Basis for action
10.3 Land resources are used for a variety of purposes which interact and may compete with one another; therefore, it is desirable to plan and manage all uses in an integrated manner. Integration should take place at two levels, considering, on the one hand, all environmental, social and economic factors (including, for example, impacts of the various economic and social sectors on the environment and natural resources) and, on the other, all environmental and resource components together (ie air, water, biota, land and geological and natural resources). Integrated consideration facilitates appropriate choices and trade-offs, thus maximizing sustainable productivity and use. Opportunities to allocate land to different uses arise in the course of major settlement or development projects or in a sequential fashion as lands become available on the market. This in turn provides opportunities to support traditional patterns of sustainable land management or to assign protected status for conservation of biological diversity or critical ecological services.
10.4 A number of techniques, frameworks and processes can be combined to facilitate an integrated approach. They are the indispensable support for the planning and management process, at the national and local levels and ecosystem or area levels, and for the development of specific plans of action. Many of its elements are already in place but need to be more widely applied, further developed and strengthened. This programme area is concerned primarily with providing a framework that will coordinate decision-making; the content and operational functions are therefore not included here but are dealt with in the relevant sectoral programmes of Agenda 21.
Objectives
10.5 The broad objective is to facilitate allocation of land to the uses that provide the greatest sustainable benefits and to promote the transition to a sustainable and integrated management of land resources. In doing so, environmental, social and economic issues should be taken into consideration. Protected areas, private property rights, the rights of indigenous people and their communities and other local communities and the economic role of women in agriculture and rural development, among other issues, should be taken into account. In more specific terms, the objectives area as follows:
(a) To review and develop policies to support the best possible use of land and the sustainable management of land resources, by not later than 1996;
(b) To improve and strengthen planning, management and evaluation systems for land and land resources, by not later than 2000;
(c) To strengthen institutions and coordinating mechanisms for land and land resources, by not later than 1998;
(d) To create mechanisms to facilitate the active involvement and participation of all concerned, particularly communities and people at the local level, in decision-making on land use and management, by not later than 1996.
Activities
(a) Management-related activities
Developing supportive policies and policy instruments
10.6 Governments at the appropriate level, with the support of regional and international organizations, should ensure that policies and policy instruments support the best possible land use and sustainable management of land resources. Particular attention should be given to the role of agricultural land. To do this, they should:
(a) Develop integrated goal-setting and policy formulation at the national, regional and local levels that takes into account environmental, social, demographic and economic issues;
(b) Develop policies that encourage sustainable land use and management of land resources and take the land resource base, demographic issues and the interests of the local population into account;
(c) Review the regulatory framework, including laws, regulations and enforcement procedures, in order to identify improvements needed to support sustainable land use and management of land resources and restrict the transfer of productive arable land to other uses;
(d) Apply economic instruments and develop institutional mechanisms and incentives to encourage the best possible land use and sustainable management of land resources;
(e) Encourage the principle of delegating policy-making to the lowest level of public authority consistent with effective action and a locally driven approach.
Strengthening planning and management systems
10.7 Governments at the appropriate level, with the support of regional and international organizations, should review and, if appropriate, revise planning and management systems to facilitate an integrated approach. To do this, they should:
(a) adopt planning and management systems that facilitate the integration of environmental components such as air, water, land and other natural resources, using landscape ecological planning (LANDEP) or other approaches that focus on, for example, an ecosystem or a watershed;
(b) Adopt strategic frameworks that allow the integration of both developmental and environmental goals; examples of these frameworks include sustainable livelihood systems, rural development, the World Conservation Strategy/Caring for the Earth, primary environmental care (PEC) and others;
(c) Establish a general framework for land-use and physical planning within which specialized and more detailed sectoral plans (eg, for protected areas, agriculture, forests, human settlements, rural development) can be developed; establish intersectoral consultative bodies to streamline project planning and implementation;
(d) Strengthen management systems for land and natural resources by including appropriate traditional and indigenous methods; examples of these practices include pastoralism, Hema reserves (traditional Islamic land reserves) and terrace agriculture;
(e) Examine and, if necessary, establish innovative and flexible approaches to programme funding;
(f) Compile detailed land capability inventories to guide sustainable land resources allocation, management and use at the national and local levels.
Promoting application of appropriate tools for planning and management
10.8 Governments at the appropriate level, with the support of national and international organizations, should promote the improvement, further development and widespread application of planning and management tools that facilitate an integrated and sustainable approach to land and resources. To do this, they should:
(a) Adopt improved systems for the interpretation and integrated analysis of data on land use and land resources;
(b) Systematically apply techniques and procedures for assessing the environmental, social and economic impacts, risks, costs and benefits of specific actions;
(c) Analyse and test methods to include land and ecosystem functions and land resources values in national accounts.
Raising awareness
10.9 Governments at the appropriate level, in collaboration with national institutions and interest groups and with the support of regional and international organizations, should launch awareness-raising campaigns to alert and educate people concerning the importance of integrated land and land resources management and the role that individuals and social groups can play in it. This should be accompanied by provision of the means to adopt improved practices for land use and sustainable management.
Promoting Public Participation
10.10 Governments at the appropriate level, in collaboration with national organizations and with the support of regional and international organizations, should establish innovative procedures/programmes, projects and services that facilitate and encourage the active participation of those affected in the decision-making and implementation process, especially of groups that have hitherto often been excluded, such as women, youth, indigenous people and their communities and other local communities.
(b) Data and information
Strengthening information systems
10.11 Governments at the appropriate level, in collaboration with national institutions and the private sector and with the support of regional and international organizations, should strengthen the information systems necessary for making decisions and evaluating future changes on land use and management. The needs of both men and women should be taken into account. To do this, they should:
(a) Strengthen information, systematic observation and assessment systems for environmental, economic and social data related to land resources at the global, regional, national and local levels and for land capability and land-use and management patterns;
(b) Strengthen coordination between existing sectoral data systems on land and land resources and strengthen national capacity to gather and assess data;
(c) Provide the appropriate technical information necessary for informed decision-making on land use and management in an accessible form to all sectors of the population, especially to local communities and women;
(d) Support low-cost, community-managed systems for the collection of comparable information on the status and processes of change of land resources, including soils, forest cover, wildlife, climate and other elements.
(c) International and regional coordination and cooperation
Establishing regional machinery
10.12 Governments at the appropriate level, with the support of regional and international organizations, should strengthen regional cooperation and exchange of information on land resources. To do this, they should:
(a) Study and design regional policies to support programmes for land-use and physical planning;
(b) Promote the development of land-use and physical plans in the countries of the region;
(c) Design information systems and promote training;
(d) Exchange, through networks and other appropriate means, information on experiences with the process and results of integrated and participatory planning and management of land resources at the national and local levels.
Means of implementation
(a) Financing and cost evaluation
10.13 The Conference secretariat has estimated the average total annual cost (1993-2000) of implementing the activities of this programme to be about $50 million from the international community on grant or concessional terms. These are indicative and order-of-magnitude estimates only and have not been reviewed by Governments. Actual costs and financial terms, including any that are non-concessional, will depend upon, inter alia, the specific strategies and programmes Governments decide upon for implementation.
(b) Scientific and technological means
Enhancing scientific understanding of the land resources systems
10.14 Governments at the appropriate level, in collaboration with the national and international scientific community and with the support of appropriate national and international organizations, should promote and support research, tailored to local environments, on the land resources system and the implications for sustainable development and management practices. Priority should be given, as appropriate, to:
(a) Assessment of land potential capability and ecosystem functions;
(b) Ecosystemic interactions and interactions between land resources and social, economic and environmental systems;
(c) Developing indicators of sustainability for land resources, taking into account environmental, economic, social, demographic, cultural and political factors.
Testing research findings through pilot projects
10.15 Governments at the appropriate level, in collaboration with the national and international scientific community and with the support of the relevant international organizations, should research and test, through pilot projects, the applicability of improved approaches to the integrated planning and management of land resources, including technical, social and institutional factors.
(c) Human resource development
Enhancing education and training
10.16 Governments at the appropriate level, in collaboration with the appropriate local authorities, non-governmental organizations and international institutions, should promote the development of the human resources that are required to plan and manage land and land resources sustainably. This should be done by providing incentives for local initiatives and by enhancing local management capacity particularly of women, through:
(a) Emphasizing interdisciplinary and integrative approaches in the curricula of schools and technical, vocational and university training;
(b) Training all relevant sectors concerned to deal with land resources in an integrated and sustainable manner;
(c) Training communities, relevant extension services, community-based groups and non-governmental organizations on land management techniques and approaches applied successfully elsewhere.
(d) Capacity-building
Strengthening technological capacity
10.17 Governments at the appropriate level, in cooperation with other Governments and with the support of relevant international organizations, should promote focused and concerted efforts for education and training and the transfer of techniques and technologies that support the various aspects of the sustainable planning and management process at the national, State/provincial and local levels.
Strengthening institutions
10.18 Governments at the appropriate level, with the support of appropriate international organizations, should:
(a) Review and, where appropriate, revise the mandates of institutions that deal with land and natural resources to include explicitly the interdisciplinary integration of environmental, social and economic issues;
(b) Strengthen coordinating mechanisms between institutions that deal with land-use and resources management to facilitate integration of sectoral concerns and strategies;
(c) Strengthen local decision-making capacity and improve coordination with higher levels.
2. Chapter 15 -- Conservation of biological diversity
Introduction
15.1 The objectives and activities in this chapter of Agenda 21 are intended to improve the conservation of biological diversity and the sustainable use of biological resources, as well as to support the Convention on Biological Diversity.
15.2 Our planet's essential goods and services depend on the variety and variability of genes, species, populations and ecosystems. Biological resources feed and cloth us and provide housing, medicines and spiritual nourishment. The natural ecosystems of forests, savannahs, pastures and rangelands, deserts, tundras, rivers, lakes and seas contain most of the Earth's biodiversity. Farmers' fields and gardens are also of great importance as repositories, while gene banks, botanical gardens, zoos and other germplasm repositories make a small but significant contribution. The current decline in biodiversity is largely the result of human activity and represents a serious threat to human development.
Programme area
Conservation of biological diversity
Basis for action
15.3 Despite mounting efforts over the past 20 years, the loss of the world's biological diversity, mainly from habitat destruction, over-harvesting, pollution and the inappropriate introduction of foreign plants and animals, has continued. Biological resources constitute a capital asset with great potential for yielding sustainable benefits. Urgent and decisive action is needed to conserve and maintain genes, species and ecosystems, with a view to the sustainable management and use of biological resources. Capacities for the assessment, study and systematic observation and evaluation of biodiversity need to be reinforced at national and international levels. Effective national action and international cooperation is required for the in situ protection of ecosystems, for the ex situ conservation of biological and genetic resources and for the enhancement of ecosystem functions. The participation and support of local communities are elements essential to the success of such an approach. Recent advances in biotechnology have pointed up the likely potential for agriculture, health and welfare and for the environmental purposes of the genetic material contained in plants, animals and micro-organisms. At the same time, it is particularly important in this context to stress that States have the sovereign right to exploit their own biological resources pursuant to their environmental policies, as well as the responsibility to conserve their biodiversity and use their biological resources sustainably, and to ensure that activities within their jurisdiction or control do not cause damage to the biological diversity of other states or of areas beyond the limits of national jurisdiction.
Objectives
15.4 Governments at the appropriate level, with the cooperation of the relevant United Nations bodies and regional, intergovernmental and non-governmental organizations, the private sector and financial institutions, and taking into consideration indigenous people and their communities, as well as social and economic factors should:
(a) Press for the early entry into force of the Convention on Biological Diversity, with the widest possible participation;
(b) Develop national strategies for the conservation of biological diversity and the sustainable use of biological resources;
(c) Integrate strategies for the conservation of biological diversity and the sustainable use of biological resources into national development strategies and/or plans;
(d) Take appropriate measures for the fair and equitable sharing of benefits derived from research and development and use of biological and genetic resources, including biotechnology, between the sources of those resources and those who use them;
(e) Carry out country studies, as appropriate, on the conservation of biological diversity and the sustainable use of biological resources, including analyses of relevant costs and benefits, with particular reference to socioeconomic aspects;
(f) Produce regularly updated world reports on biodiversity based upon national assessment;
(g) Recognize and foster the traditional methods and the knowledge of indigenous people and their communities, emphasizing the particular role of women, relevant to the conservation of biological diversity and the sustainable use of biological resources, and ensure the opportunity for the participation of those groups in the economic and commercial benefits derived from the use of such traditional methods and knowledge;
(h) Implement mechanisms for the improvement, generation development and sustainable use of biotechnology and its safe transfer, particularly to developing countries, taking account the potential contribution of biotechnology to the conservation of biological diversity and the sustainable use of biological resources;
(i) Promote broader international and regional cooperation in furthering scientific and economic understanding of the importance of biodiversity and its functions in ecosystems;
(j) Develop measures and arrangements to implement the rights of countries of origin of genetic resources or countries providing genetic resources, as defined in the Convention on Biological Diversity, particularly developing countries, to benefit from the biotechnological development and the commercial utilization of products derived from such resources.
Activities
(a) Management- related activities
15.5 Governments at the appropriate levels, consistent with national policies and practices, with the cooperation of the relevant United Nations bodies and, as appropriate, intergovernmental organizations and, with the support of indigenous people and their communities, non-governmental organizations and other groups, including the business and scientific communities, and consistent with the requirements of international law, should as appropriate:
(a) Develop new or strengthen existing strategies, plans or programmes of action for the conservation of biological diversity and the sustainable use of biological resources, taking account of education and training needs;
(b) Integrate strategies for the conservation of biological diversity and the sustainable use of biological and genetic resources into relevant sectoral or cross-sectoral plans, programmes and policies, with particular reference to the special importance of terrestrial and aquatic biological and genetic resources for food and agriculture;
(c) Undertake country studies or use other methods to identify components of biological diversity important for its conservation and for the sustainable use of biological resources, ascribe values to biological and genetic resources, identify processes and activities with significant impacts upon biological diversity, evaluate the potential economic implications of the conservation of biological diversity and the sustainable use of biological and genetic resources, and suggest priority action;
(d) Take effective economic, social and other appropriate incentive measures to encourage the conservation of biological diversity and the sustainable use of biological resources, including the promotion of sustainable production systems, such as traditional methods of agriculture, agroforestry, forestry, range and wildlife management, which use, maintain or increase biodiversity;
(e) Subject to national legislation, take action to respect, record, protect and promote the wider application of the knowledge, innovations and practices of indigenous and local communities embodying traditional lifestyles for the conservation of biological diversity and the sustainable use of biological resources, with a view to the fair and equitable sharing of the benefits arising, and promote mechanisms to involve those communities, including women, in the conservation and management of ecosystems;
(f) Undertake long-term research into the importance of biodiversity for the functioning of ecosystems and the role of ecosystems in producing goods, environmental services and other values supporting sustainable development, with particular reference to the biology and reproductive capacities of key terrestrial and aquatic species, including native, cultivated and cultured species; new observation and inventory techniques; ecological conditions necessary for biodiversity conservation and continued evolution; and social behaviour and nutrition habits dependent on natural ecosystems, where women play key roles. The work should be undertaken with the widest possible participation, especially of indigenous people and their communities, including women;
(g) Take action where necessary for the conservation of biological diversity through the in situ conservation of ecosystems and natural habitats, as well as primitive cultivars and their wild relatives, and the maintenance of recovery of viable populations of species in their natural surroundings, and implement ex situ measures, preferably in the source country. In situ measures should include the reinforcement of terrestrial, marine and aquatic protected area systems and embrace, inter alia, vulnerable freshwater and other wetland and coastal ecosystems, such as estuaries, coral reefs and mangroves;
(h) Promote the rehabilitation and restoration of damaged ecosystems and the recovery of threatened and endangered species;
(i) Develop policies to encourage the conservation of biodiversity and the sustainable use of biological and genetic resources on private lands;
(j) Promote environmentally sound and sustainable development in areas adjacent to protected areas with a view to furthering protection of these areas;
(k) Introduce appropriate environmental impact assessment procedures for proposed projects likely to have significant impacts upon biological diversity, providing for suitable information to be made widely available and for public participation, where appropriate, and encourage the assessment of the impacts of relevant policies and programmes on biological diversity;
(1) Promote, where appropriate, the establishment and strengthening of national inventory, regulation or management and control systems related to biological resources, at the appropriate level;
(m) Take measures to encourage a greater understanding and appreciation of the value of biological diversity, as manifested both in its component parts and in the ecosystem services provided.
(b) Data and information
15.6 Governments at the appropriate level, consistent with national policies and practices, with the cooperation of the relevant United Nations bodies and, as appropriate, intergovernmental organizations, and with the support of indigenous people and their communities, non-governmental organizations and other groups, including the business and scientific communities, and consistent with the requirements of international law, should, as appropriate:
(a) Regularly collate, evaluate and exchange information on the conservation of biological diversity and the sustainable use of biological resources;
(b) Develop methodologies with a view to undertaking systematic sampling and evaluation on a national basis of the components of biological diversity identified by means of country studies;
(c) Initiate or further develop methodologies and begin or continue work on surveys at the appropriate level on the status of ecosystems and establish baseline information on biological and genetic resources, including those in terrestrial, aquatic, coastal and marine ecosystems, as well as inventories undertaken with the participation of local and indigenous people and their communities;
(d) Identify and evaluate the potential economic and social implications and benefits of the conservation and sustainable use of terrestrial and aquatic species in each country, building upon the results of country studies;
(e) Undertake the updating, analysis and interpretation of data derived from the identification, sampling and evaluation activities described above;
(f) Collect, assess and make available relevant and reliable information in a timely manner and in a form suitable for decision-making at all levels, with the full support and participation of local and indigenous people and their communities.
(c) International and regional cooperation and coordination
15.7 Governments at the appropriate level, with the cooperation of the relevant United Nations bodies and, as appropriate, intergovernmental organizations, and, with the support of indigenous people and their communities, non-governmental organizations and other groups, including the business and scientific communities, and consistent with the requirements of international law, should, as appropriate:
(a) Consider the establishment or strengthening of national or international capabilities and networks for the exchange of data and information of relevance to the conservation of biological diversity and the sustainable use of biological and genetic resources;
(b) Produce regularly updated world reports on biodiversity based upon national assessments in all countries;
(c) Promote technical and scientific cooperation in the field of conservation of biological diversity and the sustainable use of biological and genetic resources. Special attention should be given to the development and strengthening of national capabilities by means of human resource development and institution-building, including the transfer of technology and/or development of research and management facilities, such as herbaria, museums, gene banks, and laboratories, related to the conservation of biodiversity;
(d) Without prejudice to the relevant provisions of the Convention on Biological Diversity, facilitate for this chapter the transfer of technologies relevant to the conservation of biological diversity and the sustainable use of biological resources or technologies that make use of genetic resources and cause no significant damage to the environment, in conformity with chapter 3.4, and recognizing that technology includes biotechnology;
(e) Promote cooperation between the parties to relevant international conventions and action plans with the aim of strengthening and coordinating efforts to conserve biological diversity and the sustainable use of biological resources;
(f) Strengthen support for international and regional instruments, programmes and action plans concerned with the conservation of biological diversity and the sustainable use of biological resources;
(g) Promote improved international coordination of measures for the effective conservation and management of endangered/non-pest migratory species, including appropriate levels of support for the establishment and management of protected areas in transboundary locations;
(h) Promote national efforts with respect to surveys, data collection, sampling and evaluation, and the maintenance of gene banks.
Means of implementation
(a) Financing and cost evaluation
15.8 The Conference secretariat has estimated the average total annual cost (1993-2000) of implementing the activities of this chapter to be about $3.5 billion, including about $1.75 billion from the international community on grant or concessional terms. These are indicative and order-of-magnitude estimates only and have not been reviewed by Governments. Actual costs and financial terms, including any that are non-concessional, will depend upon, inter alia, the specific strategies and programmes Governments decide upon for implementation.
(b) Scientific and technological means
15.9 Specific aspects to be addressed include the need to develop:
(a) Efficient methodologies for baseline surveys and inventories, as well as for the systematic sampling and evaluation of biological resources;
(b) Methods and technologies for the conservation of biological diversity and the sustainable use of biological resources;
(c) Improved and diversified methods for ex situ conservation with a view to the long-term conservation of genetic resources of importance for research and development.
(c) Human resource development
15.10 There is a need, where appropriate, to:
(a) Increase the number and/or make more efficient use of trained personnel in scientific and technological fields relevant to the conservation of biological diversity and the sustainable use of biological resources;
(b) Maintain or establish programmes for scientific and technical education and training of managers and professionals, especially in developing countries, on measures for the identification, conservation of biological diversity and the sustainable use of biological resources;
(c) Promote and encourage understanding of the importance of the measures required for the conservation of biological diversity and the sustainable use of biological resources at all policy-making and decision-making levels in Governments, business enterprises and lending institutions, and promote and encourage the inclusion of these topics in educational programmes.
(d) Capacity-building
15.11 There is a need, where appropriate, to:
(a) Strengthen existing institutions and/or establish new ones responsible for the conservation of biological diversity and to consider the development of mechanisms such as national biodiversity institutes or centres;
(b) Continue to build capacity for the conservation of biological diversity and the sustainable use of biological resources in all relevant sectors;
(c) Build capacity, especially within Governments, business enterprises and bilateral and multilateral development agencies, for integrating biodiversity concerns, potential benefits and opportunity cost calculations into project design, implementation and evaluation processes, as well as for evaluating the impact on biological diversity of proposed development projects;
(d) Enhance the capacity of governmental and private institutions, at the appropriate level, responsible for protected area planning and management to undertake intersectoral coordination and planning with other governmental institutions, non-governmental organizations and, where appropriate, indigenous people and their communities.
3. Chapter 26 -- Recognizing and strengthening the role
of Indigenous People and their communities
Programme Area
Basis for Action
26.1 Indigenous people and their communities have an historical relationship with their lands and are generally descendants of the original inhabitants of such lands. In the context of this chapter the term "lands" is understood to include the environment of the areas which the people concerned traditionally occupy. Indigenous people and their communities represent a significant percentage of the global population. They have developed over many generations a holistic traditional scientific knowledge of their lands, natural resources and environment. Indigenous people and their communities shall enjoy the full measure of human right and fundamental freedoms without hindrance or discrimination. Their ability to participate fully in sustainable development practices on their lands has tended to be limited as a result of factors of an economic, social and historical nature. In view of the interrelationship between the natural environment and its sustainable development and the cultural, social, economic and physical well-being of indigenous people, national and international efforts to implement environmentally sound and sustainable development should recognize, accommodate, promote and strengthen the role of indigenous people and their communities.
26.2 Some of the goals inherent in the objectives and activities of this programme area are already contained in such international legal instruments as the ILO Indigenous and Tribal Peoples Convention (No. 169) and are being incorporated into the draft universal declaration on indigenous rights, being prepared by the United Nations working group on indigenous populations. The International Year for the World's Indigenous People (1993), proclaimed by the General Assembly in its resolution 45/164 of 18 December 1990, presents a timely opportunity to mobilize further international technical and financial cooperation.
Objectives
26.3 In full partnership with indigenous people and their communities, Governments and, where appropriate, intergovernmental organizations should aim at fulfilling the following objectives;
(a) Establishment of a process to empower indigenous people and their communities through measures that include:
(i) Adoption or strengthening of appropriate policies and/or legal instruments at the national level;
(ii) Recognition that the lands indigenous people and their communities should be protected from activities that are environmentally unsound or that the indigenous people concerned consider to be socially and culturally inappropriate;
(iii) Recognition of their values, traditional knowledge and resource management practices with a view to promoting environmentally sound and sustainable development;
(iv) Recognition that traditional and direct dependence on renewable resources and ecosystems, including sustainable harvesting, continues to be essential to the cultural, economic and physical well-being of indigenous people and their communities;
(v) Development and strengthening of national dispute-resolution arrangements in relation to settlement of land and resource-management concerns;
(vi) Support for alternative environmentally sound means of production to ensure a range of choices on how to improve their quality of life so that they can effectively participate in sustainable development;
(vii) Enhancement of capacity-building for indigenous communities, based on the adaptation and exchange of traditional experience, knowledge and resource-management practices, to ensure their sustainable development;
(b) Establishment, where appropriate, of arrangements to strengthen the active participation of indigenous people and their communities in the national formulation of policies, laws and programmes relating to resource management and other development processes that may affect them, and their initiation of proposals for such policies and programmes;
(c) Involvement of indigenous people and their communities at the national and local levels in resource management and conservation strategies and other relevant programmes established to support and review sustainable development strategies, such as those suggested in other programme areas of Agenda 21.
Activities
26.4 Some indigenous people and their communities may require, in accordance with national legislation, greater control over their lands, self-management of their resources, participation in development decisions affecting them, including, where appropriate, participation in the establishment or management of protected areas. The following are some of the specific measures which Governments could take:
(a) Consider the ratification and application of existing international conventions relevant to indigenous people and their communities (where not yet done) and provide support for the adoption by the General Assembly of a declaration on indigenous rights;
(b) Adopt or strengthen appropriate policies and/or legal instruments that will protect indigenous intellectual and cultural property and the right to preserve customary and administrative systems and practices.
26.5 United Nations organizations and other international development and finance organizations and Governments should, drawing on the active participation of indigenous people and their communities, as appropriate, take the following measures, inter alia, to incorporate their values, views and knowledge, including the unique contribution of indigenous women, in resource management and other policies and programmes that may affect them:
(a) Appoint a special focal point within each international organization, and organize annual inter-organizational coordination meetings in consultation with Governments and indigenous organizations, as appropriate, and develop a procedure within and between operational agencies for assisting Governments in ensuring the coherent and coordinated incorporation of the views of indigenous people in the design and implementation of policies and programmes. Under this procedure, indigenous people and their communities should be informed and consulted and allowed to participate in national decision-making, in particular regarding regional and international cooperative efforts. In addition, these policies and programmes should take fully into account strategies based on local indigenous initiatives;
(b) Provide technical and financial assistance for capacity-building programmes to support the sustainable self-development of indigenous people and their communities;
(c) Strengthen research and education programmes aimed at:
(i) Achieving a better understanding of indigenous people's knowledge and management experience related to the environment, and applying this to contemporary development challenges;
(ii) Increasing the efficiency of indigenous people's resource management systems, for example, by promoting the adaptation and dissemination of suitable technological innovations;
(d) Contribute to the endeavours of indigenous people and their communities in resource management and conservation strategies (such as those that may be developed under appropriate projects funded through the Global Environment Facility and the Tropical Forestry Action Plan) and other programme areas of Agenda 21, including programmes to collect, analyse and use data and other information in support of sustainable development projects.
26.6 Governments, in full partnership with indigenous people and their communities should, where appropriate:
(a) Develop or strengthen national arrangements to consult with indigenous people and their communities with a view to reflecting their needs and incorporating their values and traditional and other knowledge and practices in national policies and programmes in the field of natural resource management and conservation and other development programmes affecting them;
(b) Cooperate at the regional level, where appropriate, to address common indigenous issues with a view to recognizing and strengthening their participation in sustainable development.
Means of implementation
(a) Financing and cost evaluation
26.7 The Conference secretariat has estimated the average total annual cost (1993-2000) of implementing the activities of this programme to be about $3 million on grant or concessional terms. These are indicative and order-of-magnitude estimates only and have not been reviewed by Governments. Actual costs and financial terms, including any that are non-concessional, will depend upon, inter alia, the specific strategies and programmes Governments decide upon for implementation.
(b) Legal and administrative frameworks
26.8 Governments should incorporate, in collaboration with the indigenous people affected, the rights and responsibilities of indigenous people and their communities in the legislation of each country, suitable to the country's specific situation. Developing countries may require technical assistance to implement these activities.
(c) Human resource development
26.9 International development agencies and Governments should commit financial and other resources to education and training for indigenous people and their communities to develop their capacities to achieve their sustainable self-development, and to contribute to and participate in sustainable and equitable development at the national level. Particular attention should be given to strengthening the role of indigenous women.
II. WORLD CONFERENCE ON HUMAN RIGHTS
Vienna Declaration and Programme of Action
The World Conference on Human Rights,
Considering that the promotion and protection of human rights is a matter of priority for the international community, and that the Conference affords a unique opportunity to carry out a comprehensive analysis of the international human rights system and of the machinery for the protection of human rights, in order to enhance and thus promote a fuller observance of those rights, in a just and balanced manner,
Recognizing and affirming that all human rights derive from the dignity and worth inherent in the human person, and that the human person is the central subject of human rights and fundamental freedoms, and consequently should be the principal beneficiary and should participate actively in the realization of these rights and freedoms,
Reaffirming their commitment to the purposes and principles contained in the Charter of the United Nations and the Universal Declaration of Human Rights,
Reaffirming the commitment contained in Article 56 of the Charter of the United Nations to take joint and separate action, placing proper emphasis on developing effective international cooperation for the realization of the purposes set out in Article 55, including universal respect for, and observance of, human rights and fundamental freedoms for all,
Emphasizing the responsibilities of all States, in conformity with the Charter of the United Nations, to develop and encourage respect for human rights and fundamental freedoms for all, without distinction as to race, sex, language or religion,
Recalling the Preamble to the Charter of the United Nations, in particular the determination to reaffirm faith in fundamental human rights, in the dignity and worth of the human person, and in the equal rights of men and women and of nations large and small,
Recalling also the determination expressed in the Preamble of the Charter of the United Nations to save succeeding generations from the scourge of war, to establish conditions under which justice and respect for obligations arising from treaties and other sources of international law can be maintained, to promote social progress and better standards of life in larger freedom, to practice tolerance and good neighbourliness, and to employ international machinery for the promotion of the economic and social advancement of all peoples,
Emphasizing that the Universal Declaration of Human Rights, which constitutes a common standard of achievement for all peoples and all nations, is the source of inspiration and has been the basis for the United Nations in making advances in standard setting as contained in the existing international human rights instruments, in particular the International Covenant on Civil and Political Rights and the International Covenant on Economic, Social and Cultural Rights.
Considering the major changes taking place on the international scene and the aspirations of all the peoples for an international order based on the principles enshrined in the Charter of the United Nations, including promoting and encouraging respect for human rights and fundamental freedoms for all and respect for the principle of equal rights and self-determination of peoples, peace, democracy, justice, equality, rule of law, pluralism, development, better standards of living and solidarity,
Deeply concerned by various forms of discrimination and violence, to which women continue to be exposed all over the world,
Recognizing that the activities of the United Nations in the field of human rights should be rationalized and enhanced in order to strengthen the United Nations machinery in this field and to further the objectives of universal respect for observance of international human rights standards,
Having taken into account the Declarations adopted by the three regional meetings at Tunis, San Jose and Bangkok and the contributions made by Governments, and bearing in mind the suggestions made by intergovernmental and non-governmental organizations, as well as the studies prepared by independent experts during the preparatory process leading to the World Conference on Human Rights,
Welcoming the International Year of the World's Indigenous People 1993 as a reaffirmation of the commitment of the international community to ensure their enjoyment of all human rights and fundamental freedoms and to respect the value and diversity of their cultures and identities,
Recognizing also that the international community should devise ways and means to remove the current obstacles and meet challenges to the full realization of all human rights and to prevent the continuation of human rights violations resulting thereof throughout the world,
Invoking the spirit of our age and the realities of our time which call upon the peoples of the world and all States Members of the United Nations to rededicate themselves to the global task of promoting and protecting all human rights and fundamental freedoms so as to secure full and universal enjoyment of these rights,
Determined to take new steps forward in the commitment of the international community with a view to achieving substantial progress in human rights endeavours by an increased and sustained effort of international cooperation and solidarity,
Solemnly adopts the Vienna Declaration and Programme of Action.
...
20. The World Conference on Human Rights recognizes the inherent dignity and the unique contribution of indigenous people to the development and plurality of society and strongly reaffirms the commitment of the international community to their economic, social and cultural well-being and their enjoyment of the fruits of sustainable development. States should ensure the full and free participation of indigenous people in all aspects of society, in particular in matters of concern to them. Considering the importance of the promotion and protection of the rights of indigenous people, and the contribution of such promotion and protection to the political and social stability of the States in which such people live, States should, in accordance with international law, take concerted positive steps to ensure respect for all human rights and fundamental freedoms of indigenous people, on the basis of equality and non-discrimination, and recognize the value and diversity of their distinct identities, cultures and social organization.
B. Equality, dignity and tolerance
Persons belonging to national or ethnic, religious and linguistic minorities
Indigenous people
28. The World Conference on Human Rights calls on the Working Group on Indigenous Populations of the Sub-Commission on Prevention of Discrimination and Protection of Minorities to complete the drafting of a declaration on the rights of indigenous people at its eleventh session.
29. The World Conference on Human Rights recommends that the Commission on Human Rights consider the renewal and updating of the mandate of the Working Group on Indigenous Populations upon completion of the drafting of a declaration on the rights of indigenous people.
30. The World Conference on Human Rights also recommends that advisory services and technical assistance programmes within the United Nations system respond positively to requests by States for assistance which would be of direct benefit to indigenous people. The World Conference on Human Rights further recommends that adequate human and financial resources be made available to the Centre for Human Rights within the overall framework of strengthening the Centre's activities as envisaged by this document.
31. The World Conference on Human Rights urges States to ensure the full and free participation of indigenous people in all aspects of society, in particular in matters of concern to them.
32. The World Conference on Human Rights recommends that the General Assembly proclaim an international decade of the world's indigenous people, to begin from January 1994, including action-orientated programmes, to be decided upon in partnership with indigenous people. An appropriate voluntary trust fund should be set up for this purpose. In the framework of such a decade, the establishment of a permanent forum for indigenous people in the United Nations system should be considered.
* Extracts from the International Conference on Population and Development; the World Summit for Social Development and the Fourth World Conference on Women will appear in (1997) 2 (3) AILR. l
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