168 Giulia Sajeva
as groups (Golay, 2013, 2015) and to react to their specific vulnerabilities and
struggles. These peculiarities require collective rights to be fully protected, as it
was widely recognized for indigenous peoples.
Currently, when identifying specific references to local communities’ collective
rights in international law, it is necessary to look at documents strongly related
to the protection of the environment. Unsurprisingly, it was the UN Special
Rapporteur on Human Rights and the Environment, calling for special attention
to the role of non-indigenous local communities for environmental protection
(Knox, 2017, sec. 59), who raised awareness of their special vulnerability to environmentally harmful actions (Knox, 2017, sec. 52) and lack of effective legal protection (Knox, 2017, 2018). He asserted that States owe them obligations that are
“not always identical to those owed to indigenous peoples” (Knox, 2017, p. 71,
2018, sec. 48) but that entail the protection of “the special relationship of people
with the territory that they have traditionally occupied when their subsistence and
culture is closely linked to that territory” (Knox, 2017, sec. 56). Protecting their
rights, he continued, “is not just required by human rights law; it is also often the
best or only way to ensure the protection of biodiversity” (Knox, 2017, sec. 59).
In particular, the Special Rapporteur referred to the first acknowledgment of
local communities’ collective rights in international law, due to the C onvention
on Biological Diversity (CBD), which has made significant contributions to
the recognition of the rights of local communities (and of indigenous peoples)
(Morgera, 2014, p. 984).
13 Article 8( j) requires member states to respect, preserve, and maintain the knowledge, innovations, and practices of local communities (and of indigenous peoples) that have preserved lifestyles relevant for
the conservation and sustainable use of biodiversity. States are further required
to promote the wider application of such sustainable practices and associated
traditional knowledge, and ensuring communities and peoples of origin are consulted and involved, and that any benefits that arise from this utilization are
fairly and equitably shared with them. The 2010 Nagoya Protocol on Access
to Genetic Resources and the Fair and Equitable Sharing of Benefits Arising
from their Utilization further requires (art. 5, 6, 7) States to ensure that genetic
resources and traditional knowledge of local communities are accessed with the
prior informed consent of the communities; that benefits arising from their use
are equally shared with them; and that customary laws and community protocols
of local communities are taken in consideration.
14
The CBD was soon followed by the adoption of the UN Convention on
Combating Desertification, in 1994, which simply cited local communities as
subjects of special consideration that should be included in development programs (Ziegler et al., 2008). Equally soft are the provisions of the 2016 Paris
Agreement, which acknowledges that actions to address climate change should
respect, promote, and consider the rights of local communities (and indigenous
peoples) and that adaptation measures “should be based on and guided by the
best available science and, as appropriate, traditional knowledge of indigenous
peoples and local knowledge systems” (art. 7).
as groups (Golay, 2013, 2015) and to react to their specific vulnerabilities and
struggles. These peculiarities require collective rights to be fully protected, as it
was widely recognized for indigenous peoples.
Currently, when identifying specific references to local communities’ collective
rights in international law, it is necessary to look at documents strongly related
to the protection of the environment. Unsurprisingly, it was the UN Special
Rapporteur on Human Rights and the Environment, calling for special attention
to the role of non-indigenous local communities for environmental protection
(Knox, 2017, sec. 59), who raised awareness of their special vulnerability to environmentally harmful actions (Knox, 2017, sec. 52) and lack of effective legal protection (Knox, 2017, 2018). He asserted that States owe them obligations that are
“not always identical to those owed to indigenous peoples” (Knox, 2017, p. 71,
2018, sec. 48) but that entail the protection of “the special relationship of people
with the territory that they have traditionally occupied when their subsistence and
culture is closely linked to that territory” (Knox, 2017, sec. 56). Protecting their
rights, he continued, “is not just required by human rights law; it is also often the
best or only way to ensure the protection of biodiversity” (Knox, 2017, sec. 59).
In particular, the Special Rapporteur referred to the first acknowledgment of
local communities’ collective rights in international law, due to the C onvention
on Biological Diversity (CBD), which has made significant contributions to
the recognition of the rights of local communities (and of indigenous peoples)
(Morgera, 2014, p. 984).
13 Article 8( j) requires member states to respect, preserve, and maintain the knowledge, innovations, and practices of local communities (and of indigenous peoples) that have preserved lifestyles relevant for
the conservation and sustainable use of biodiversity. States are further required
to promote the wider application of such sustainable practices and associated
traditional knowledge, and ensuring communities and peoples of origin are consulted and involved, and that any benefits that arise from this utilization are
fairly and equitably shared with them. The 2010 Nagoya Protocol on Access
to Genetic Resources and the Fair and Equitable Sharing of Benefits Arising
from their Utilization further requires (art. 5, 6, 7) States to ensure that genetic
resources and traditional knowledge of local communities are accessed with the
prior informed consent of the communities; that benefits arising from their use
are equally shared with them; and that customary laws and community protocols
of local communities are taken in consideration.
14
The CBD was soon followed by the adoption of the UN Convention on
Combating Desertification, in 1994, which simply cited local communities as
subjects of special consideration that should be included in development programs (Ziegler et al., 2008). Equally soft are the provisions of the 2016 Paris
Agreement, which acknowledges that actions to address climate change should
respect, promote, and consider the rights of local communities (and indigenous
peoples) and that adaptation measures “should be based on and guided by the
best available science and, as appropriate, traditional knowledge of indigenous
peoples and local knowledge systems” (art. 7).