34 Fabien Girard et al.
25 For Indigenous peoples, a first breakthrough was the ILO Convention Concerning
Indigenous and Tribal Peoples in Independent Countries (ILO No. 169), (1989), Art.
23, paras 1, 13, 15, & 27. Also see, in 1985, the joint work of UNESCO and WIPO
on the protection of expressions of folklore against illicit exploitation and other
prejudicial actions (UNESCO & WIPO, 1985). In parallel, the p ainstaking work
towards the 2007 UN Declaration on the Rights of Indigenous Peoples ( Resolution
A/RES/61/295) was initiated at the 34th session of the Sub- Commission on
Prevention of Discrimination and Protection of Minorities where, by resolution 2
(XXXIV) of 8 September 1981, it recommended to the Economic and Social Council
that it had decided to authorise the Sub-Commission to establish a Working Group
on I ndigenous Populations. This was endorsed by the Commission on Human Rights
in Resolution 1982/19 of 10 March 1982 and authorised by the Economic and Social
Council, Resolution 1982/34 of 7 May 1982.
26 Nagoya Protocol on Access to Genetic Resources and the Fair and Equitable Sharing
of Benefits Arising from their Utilization to the Convention on Biological Diversity,
signed in Nagoya, Japan, on 29 October 2010 (UNEP/CBD/COP/DEC/X/1; 3008
UNTS 3), entered into force on 12 October 2014.
27 This has inspired an expansive literature on natural areas, protected sites, and
Indigenous peoples. For recent examples, see Liljeblad & Verschuuren (2019); Stevens
(2014).
28 UNESCO Convention concerning the Protection of the World Cultural and
Natural Heritage (World Heritage Convention) (1972), adopted the same year as
the 1972 Stockholm Declaration (A/CONF.48/14/Rev.1). For a critical review, see
Blake (2015, p. 115) and Larsen & Wijesuriya (2017). Despites these great strides forward, significant challenges remain in the implementation of these new approaches
by IUCN member organisations (see the recent and comprehensive appraisal by
Tauli-Corpuz, 2016, paras 42–49). Over the past decades, conflicts have increased
on the impact of protected areas with World Heritage statute on IPLCs. See in the
context of the inscription of Lake Bogoria National Reserve in Kenya on the World
Heritage List: Resolution on the Protection of Indigenous Peoples’ Rights in the
Context of the World Heritage Convention and the Designation of Lake Bogoria as a
World Heritage site, ACHPR/Res. 197, 5 November 2011; IUCN, Implementation
of the United Nations Declaration on the Rights of Indigenous Peoples in the context of the UNESCO World Heritage Convention, WCC-2012-Res-047-EN. Also
see Special Rapporteur of the Human Rights Council on the rights of Indigenous
peoples Tauli-Corpuz (2016, paras 60–64) and Shaheed (2011, para. 80(c)).
29 “These communities are the repositories of vast accumulations of traditional knowledge and experience that links humanity with its ancient origins” (Brundtland &
World Commission on Environment and Development, 1987, p. 74).
30 See note 25.
31 See note 25.
32 See ILO Convention No. 169 of 1989, Preamble, recital 6, where the “distinctive
contributions” of Indigenous peoples “to the cultural diversity and social” and
“ ecological harmony of humankind” are acknowledged. Art. 13 further stresses the
“special importance for the cultures and spiritual values of the peoples concerned of
their relationship with the lands or territories” (see Boer, 2020).
33 See note 6.
34 CBD, Preamble.
35 CBD, Art. 8( j).
36 Prior to 1996, mentions are scarce; see Baer (1989) and Moran (1993). In a 1988 chapter, Posey spoke of Indigenous peoples’ “biocultural environments” (Posey, 1998;
Posey & Plenderleith, 2004, p. 130).
37 https://ucjeps.berkeley.edu/Endangered_Lang_Conf/Endangered_Lang.html
38 CBD/WG8J/REC/10/2 16 December 2017, p. 6; CBD/COP/DEC/14/13, 30 November 2018: “Biocultural diversity is considered as biological diversity and cultural
diversity and the links between them” (original emphasis).
25 For Indigenous peoples, a first breakthrough was the ILO Convention Concerning
Indigenous and Tribal Peoples in Independent Countries (ILO No. 169), (1989), Art.
23, paras 1, 13, 15, & 27. Also see, in 1985, the joint work of UNESCO and WIPO
on the protection of expressions of folklore against illicit exploitation and other
prejudicial actions (UNESCO & WIPO, 1985). In parallel, the p ainstaking work
towards the 2007 UN Declaration on the Rights of Indigenous Peoples ( Resolution
A/RES/61/295) was initiated at the 34th session of the Sub- Commission on
Prevention of Discrimination and Protection of Minorities where, by resolution 2
(XXXIV) of 8 September 1981, it recommended to the Economic and Social Council
that it had decided to authorise the Sub-Commission to establish a Working Group
on I ndigenous Populations. This was endorsed by the Commission on Human Rights
in Resolution 1982/19 of 10 March 1982 and authorised by the Economic and Social
Council, Resolution 1982/34 of 7 May 1982.
26 Nagoya Protocol on Access to Genetic Resources and the Fair and Equitable Sharing
of Benefits Arising from their Utilization to the Convention on Biological Diversity,
signed in Nagoya, Japan, on 29 October 2010 (UNEP/CBD/COP/DEC/X/1; 3008
UNTS 3), entered into force on 12 October 2014.
27 This has inspired an expansive literature on natural areas, protected sites, and
Indigenous peoples. For recent examples, see Liljeblad & Verschuuren (2019); Stevens
(2014).
28 UNESCO Convention concerning the Protection of the World Cultural and
Natural Heritage (World Heritage Convention) (1972), adopted the same year as
the 1972 Stockholm Declaration (A/CONF.48/14/Rev.1). For a critical review, see
Blake (2015, p. 115) and Larsen & Wijesuriya (2017). Despites these great strides forward, significant challenges remain in the implementation of these new approaches
by IUCN member organisations (see the recent and comprehensive appraisal by
Tauli-Corpuz, 2016, paras 42–49). Over the past decades, conflicts have increased
on the impact of protected areas with World Heritage statute on IPLCs. See in the
context of the inscription of Lake Bogoria National Reserve in Kenya on the World
Heritage List: Resolution on the Protection of Indigenous Peoples’ Rights in the
Context of the World Heritage Convention and the Designation of Lake Bogoria as a
World Heritage site, ACHPR/Res. 197, 5 November 2011; IUCN, Implementation
of the United Nations Declaration on the Rights of Indigenous Peoples in the context of the UNESCO World Heritage Convention, WCC-2012-Res-047-EN. Also
see Special Rapporteur of the Human Rights Council on the rights of Indigenous
peoples Tauli-Corpuz (2016, paras 60–64) and Shaheed (2011, para. 80(c)).
29 “These communities are the repositories of vast accumulations of traditional knowledge and experience that links humanity with its ancient origins” (Brundtland &
World Commission on Environment and Development, 1987, p. 74).
30 See note 25.
31 See note 25.
32 See ILO Convention No. 169 of 1989, Preamble, recital 6, where the “distinctive
contributions” of Indigenous peoples “to the cultural diversity and social” and
“ ecological harmony of humankind” are acknowledged. Art. 13 further stresses the
“special importance for the cultures and spiritual values of the peoples concerned of
their relationship with the lands or territories” (see Boer, 2020).
33 See note 6.
34 CBD, Preamble.
35 CBD, Art. 8( j).
36 Prior to 1996, mentions are scarce; see Baer (1989) and Moran (1993). In a 1988 chapter, Posey spoke of Indigenous peoples’ “biocultural environments” (Posey, 1998;
Posey & Plenderleith, 2004, p. 130).
37 https://ucjeps.berkeley.edu/Endangered_Lang_Conf/Endangered_Lang.html
38 CBD/WG8J/REC/10/2 16 December 2017, p. 6; CBD/COP/DEC/14/13, 30 November 2018: “Biocultural diversity is considered as biological diversity and cultural
diversity and the links between them” (original emphasis).