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Claudia Sobrevila
Senior Biodiversity Specialist
May 2008
Author: Claudia Sobrevila
Papers in this series are not formal publications of the World Bank. They are circulated to encourage thought
and discussion. The use and citation of this paper should take this into account. The views expressed are
those of the author and should not be attributed to the World Bank. Copies are available from the Environ-
ment Department of the World Bank by calling (202) 473-3641.
Photos courtesy of: Claudia Sobrevila, Adalberto Dominguez, Instituto Rais (El Salvador).
“ I do not see a delegation
For the four-legged.
I see no seat for the eagles.
“The more deeply I search for the roots of the global environmental crisis,
the more I am convinced that it is an outer manifestation of an inner crisis that is,
for lack of a better word, spiritual... what other word describes the collection of values
and assumptions that determine our basic understanding of
how we fit into the universe?”
Al Gore,
Source: Al Gore, Earth in the Balance,
Plume, New York, 1993, p. 12.
“The Indians feel…but they cannot help. They are too small in culture.
They are too small in the essence of the world. Their help is their being and culture.
Combined they are a minority. In combination they are faith—a faith of earth.
Let them push their being, their earth and their love of themselves
to help those who took their earth and their being”
Anonymous
Source: Ricardo Humano, The New Book,
SOAR Ediciones, Cusco, Peru, 2000, p.23
iii
Abbreviations and Acronyms
The Role of Indigenous Peoples in Biodiversity Conservation
vi
Contents
Acknowledgments ix
Executive Summary xi
1 Introduction 1
5 Bibliography 55
Annexes
vii
Acknowledgements
T
his paper summarizes the World Bank’s efforts to support the partici-
pation of Indigenous Peoples in Biodiversity Conservation programs
and projects. It was prepared by Claudia Sobrevila, Senior Biodiver-
sity Specialist in the Environment Department of the World Bank.
I am immensely grateful to Jean Fanfan, Marielena Gutti and Valerie
Hickey, who carried out the research and analysis of the Bank portfolio, and
to Kathy Mackinnon, Michele De Nevers, Laura Tlaiye, Claudia Alderman,
Esther Camac, Chris Parel, Anthony Anderson, Alfredo Sfeir-Younis, Yoko
Watanabe, Carine Clert, and Karen Luz, who provided very useful comments
during the research and review process. Thanks are also extended to Navin
Rai, Gabriela Arcos, Adriana Moreira, Giuseppe Topa, Juan Martinez, David
Cassells, Elisson Wright, Gunars Platais, Martin von Hildebrand, Marieke
Van Dorn, Rebecca Adamson, Peter Poole, George James, Alonso Zarzar,
Jorge Uquillas, Elena Correa, Maria Elena Castro, Juan Pablo Ruiz, Dan
Aronson, and many other colleagues. I am grateful to Ellen Kwiatkoski and
Linda Starke for editing the manuscript and to Grace Aguilar for her support
in all administrative tasks related to finalizing this report. Special thanks are
extended to Ricardo Humano for his support with the graphics.
I would like to acknowledge the indigenous peoples who crossed my pro-
fessional and personal paths and who inspired me to look more deeply into
the issues of nature conservation and the roles that indigenous peoples have
played and continue to play—in particular, Lama Gangchen Rinpoche, Demo
Gonsar Rinpoche, Fermin Gomez, Maria Eugenia Aguilar, Myrna Cunning-
ham, Mary Louie, Rhonda Weitzel, Julio Reyes Aguilar, Maria Eugenia Choque,
Emperatriz Cahuahe, Florinda Lopez, Esther Camac, Sebastian Jansasoy,
Angela Perez, Geraldine Standup, Michael Standup, Jean Reddemann, Roy
Reddemann, Fernando Huanacuni, Paola Caballero, and Floridalba Akabal.
ix
Executive Summary
A
principal aim of this study is to get a better sense of what the World
Bank (WB) needs to know in order to engage Indigenous Peoples (IPs)
more effectively in biodiversity conservation projects and programs.
It is in this sense that the reporting is geared to Bank Task Team leaders, ad-
visors, directors, and managers and also government and nongovernmental
organization (NGO) personnel engaged in biodiversity conservation pro-
grams. Indigenous peoples might also benefit from the report´s presentation
of tools to seeking international funding for biodiversity-related activities
in their ancestral territories. In addition, the report assesses some of the
current forms of engagement with indigenous peoples in biodiversity and
identifies concrete recommendations for improving that engagement. These
recommendations will give Bank management an opportunity to lead the
way among many development agencies and governments toward different
forms of engaging indigenous peoples; respecting and realizing the rights to
their territories, culture, and spirituality; enhancing their environment and
development; and satisfying the IPs’ aspirations contained in the United Na-
tions Declaration on the Rights of Indigenous Peoples. The report’s findings
are relevant to other Bank’s programs such as the Climate Change strategic
framework and the Carbon Finance initiatives and can be used to incorpo-
rate the lessons learned from 18 years of biodiversity portfolio experience
into these new programs.
The findings of this report support the contention that engaging IPs
more effectively in biodiversity conservation represents a win-win situation,
as the following concrete examples illustrate:
xi
The Role of Indigenous Peoples in Biodiversity Conservation
xii
Executive Summary
Fifteen projects were analyzed in more de- • Overlap between IP ancestral lands and
tail to extract some lessons learned. To facilitate other land use designations (protected
the analysis and discussion, project activities areas, extractive industries), which is dif-
are categorized into nine common themes: 1) ficult to undo
Indigenous Peoples and protected-areas co- • Working with IPs perceived as “risky”,
management, 2) titling and demarcation of especially in complex conditions (e.g.,
indigenous lands, 3) indigenous life plans, 4) post-conflict countries)
establishment of indigenous conservation ar-
eas, 5) indigenous community management
and zoning plans, 6) indigenous community LESSONS LEARNED FROM
mapping and conservation, 7) community sus- BANK PORTFOLIO
tainable livelihood, 8) capacity building and
training, and 9) Indigenous Peoples Develop- Experience drawn from its extensive portfolio
ment Plan. Projects that included activities has enabled the World Bank to derive key les-
within each thematic area are presented in sons learned from interviews with Indigenous
detail. The final topic discussed is why some Peoples, Bank task managers, NGOs, and
projects failed. governments. The key lessons identified for
The report identified key factors for suc- improving indigenous participation in biodi-
cessful interventions, which include: versity projects include:
xiii
The Role of Indigenous Peoples in Biodiversity Conservation
tool for Indigenous Peoples and facilitate 9. Strengthen cultural integrity: Indigenous
future claims of their ancestral lands (Be- communities that have strong histori-
lize, Colombia). cal continuity and cultural and spiritual
4. Promote full participation: There is a need heritage should be supported. These com-
to ensure that prior consultation, participa- munities are more determined to preserve,
tion, and consent procedures are designed develop, and transmit their ethnic iden-
to be acceptable to the Indigenous Peoples tity and ancestral territories to future
and are culturally appropriate. One of the generations as the basis of their continued
best practices is to establish signed formal existence as peoples and in accordance
agreements between indigenous organi- with their own cultural patterns, social
zations and the government authorities institutions, and legal systems. Contribu-
before the project starts (Venezuela, Cen- tions to cultural revitalization (traditional
tral America). knowledge and spiritual beliefs) can
5. Respect organizational structure of Indig- therefore reflect back well on improved
enous Peoples: It is important to maintain conservation efforts.
the Indigenous Peoples’ own institutional 10. Advance income-generating activities: Due
arrangements and decision-making pro- to the widespread nature of these types of
cesses and avoid the inclination to create activities, more in-depth understanding
new institutional arrangements. Over the and review is needed to identify challeng-
long term, this approach will save time and es, opportunities, and best practices for
effort, reinforce community organization improving the quality of outcomes and
and capacity, and foster better achievement increasing sustainability. It is important
of project objectives and sustainability. to avoid requiring that development ben-
6. Create cooperative governance: If institu- efits be made available only to indigenous
tional arrangements beyond indigenous communities that live outside parks, dis-
institutions are needed, unnecessary criminating against groups who live inside.
complexity should be avoided. Decision- 11. Utilize culturally appropriate indicators:
making processes through voting tend What Indigenous Peoples value might not
to create winners and losers, which may be the same as what conservationists and
result in conflict. Instead, projects that economists value. It is important to assist
support forums for reaching consensus indigenous groups in establishing adequate
and avoid voting are preferred. indicators for the projects they implement.
7. Develop flexibility of rules and processes: In-
digenous Peoples place great importance There is an incredible opportunity lying
on processes versus products. Processes ahead to work with Indigenous Peoples toward
can themselves be outcomes in project de- the protection of their environments in areas
signs, therefore specific process-oriented of the world very rich in biodiversity. In order
indicators should be given more careful to increase this opportunity, key actions need
consideration. to be taken by all national governments and in-
8. Provide adequate time: The application of ternational organizations and funders:
Bank procedures and timing should be
simplified to ensure that Indigenous Peo- First, support processes toward the recognition
ples are able to participate. Also, projects of the rights of Indigenous Peoples to their an-
with Indigenous Peoples require more cestral lands and natural resources.
time for reaching agreements or making
decisions, and Bank management should Second, ensure that any conservation or de-
be aware of these needs. velopment projects or programs fully respect
xiv
Executive Summary
the WB policy BP and OP 4.10 on Indigenous Seventh, facilitate the regular participation of
Peoples and/or the United Nations Declaration Indigenous Peoples in dialogues and negotia-
on the Rights of Indigenous Peoples. tions of biodiversity, forestry, climate change
strategies, and ongoing portfolio and programs
Third, dedicate funding for supporting In- reviews. Research and monitoring of their par-
digenous Peoples in biodiversity conservation ticipation in biodiversity conservation should
and climate change. Currently, the funding has be regularly carried out with them.
been limited. Indigenous Peoples’ programs
have been excluded from large funding mecha- Eight, support the research and documenta-
nisms. (In the WB biodiversity portfolio, only tion of best practices of ongoing indigenous
18 percent goes to IP programs.) Funding initiatives in biodiversity, climate change, car-
needs to address technical assistance needs for bon sequestration, forestry, and so on so that
building the capacity of indigenous communi- governments, funders, and international orga-
ties to receive support. nizations appreciate the value and importance
of indigenous-led conservation programs.
Fourth, support training programs to en-
hance Indigenous Peoples’ skills for accessing Nine, support Indigenous Peoples’ networks
funding, developing programs and projects whose aim is to promote IP rights to land and
according to their needs, and communicating ancestral recovery, biodiversity conservation,
with the external world. This would improve and development. An initial project is being de-
their capacity to negotiate on any activities that veloped with First Peoples World Wide to carry
happen in their lands. out three regional workshops to assess Indig-
enous Peoples’ access to biodiversity funding.
Fifth, support the development of global da- This initiative, while completely run by an
tabases that track the status of Indigenous indigenous-led organization, should not pre-
Peoples, their rights, land claims, and biodiver- clude the Bank from engaging as international
sity. These databases are urgently needed and financiers in other initiatives, particularly in
could serve as a tool for avoiding controversial Africa and Asia, where the current Bank port-
land issues and conflicts between indigenous folio is still weak.
groups, conservationists, and all the extrac-
tive industries that seek the same remote areas. Ten, support the creation of indigenous elders’
Indigenous Peoples should be responsible networks. Many elders have started to come
for developing these databases with the full out and speak about their concerns, the ur-
funding and support by non-indigenous or- gency of rescuing traditional knowledge, and
ganizations, governments, and international their visions of the solutions. The two great-
funders and organizations. This should be a est threats faced by Indigenous Peoples are the
global coordinated effort. loss of their lands and the loss of their cultural
and spiritual identity and ancestral knowledge.
Sixth, support a comprehensive program of as- This is as serious a threat as the massive extinc-
set mapping and demarcation for Indigenous tion of species on Earth. Gatherings of elders
Peoples in the areas under greatest threats as where they share their knowledge with other
a tool for empowerment and for protecting ethnic groups and with westerners can be an
their heritage, lands, and biodiversity. Such a effective mechanism for ensuring that knowl-
program should include training and support edge is not lost, especially if two conditions are
for individual on-the-ground activities and for met: indigenous youth are active participants,
regional and global workshops for training, ex- and the recording and archiving of information
change of ideas, and sharing of lessons learned. is supported. Support for indigenous women’s
xv
The Role of Indigenous Peoples in Biodiversity Conservation
networks is also needed, as they are in many ing peaceful, harmonious, wise, and balanced
societies the carriers of ancestral knowledge. societies. The Bank and other international
financiers need to take a more proactive role
Eleven, contribute to the establishment and in ensuring that the needs these groups have
operation of effective indigenous advisory identified are supported through programs
groups in the new global initiatives for biodi- and projects.
versity, forest, or climate change that affect IP In conclusion, the principal finding of
livelihood and programs. this report is that creating a sustainable future
for biodiversity conservation worldwide will
Five thousand ethnic groups currently critically depend on the active and effective
comprise only 4 percent of the population. engagement of Indigenous Peoples. Without
Because they are such a small interest group, their full engagement, major conservation
representing a tiny fraction of the global hu- initiatives under way today—both public and
man population, they are not on the radar private—will be compromised, and all citizens
screens of governments or international fi- of the world will lose as a result. Indigenous
nanciers. However, these groups do represent peoples are the forgotten partners in biodiver-
95 percent of the global cultural diversity sity conservation, and this report makes the
and are replete with traditions, cultures, and case for their immediate incorporation into all
knowledge of their environments, plants, forms of development interventions that have
medicine, astronomy, inner science, and land to do with their land, resources and environ-
and soil management. In many ways they are ment. This is an issue not only of rights but
considered poor, but they are also viewed as also of development effectiveness and social
scientists in their own ways. The richness that equity in all their tenor and scope.
they contribute is an invaluable asset for build-
xvi
Introduction
Background
The Role of Indigenous Peoples in Biodiversity Conservation
the fact that the conservation and indigenous benefits. At that time the International La-
rights movements developed independently bour Organization’s (ILO’s) Article 169 was
and were motivated by different reasons and the only internationally accepted instrument
advocacy groups. that defined the rights of Indigenous Peoples.
The main international legal framework The ILO refers to the importance of secur-
for biodiversity conservation is the Conven- ing Indigenous Peoples´ lands and traditional
tion on Biological Diversity (CBD) established knowledge and linking these to biodiversity
during the Earth Summit of 1992, which conservation.
drew over 100 world leaders and about 30,000 After the CBD convention was approved
participants to the U.N Conference on Envi- and its financial mechanism put in place (by
ronment and Development. The Convention´s the Global Environment Facility, GEF), the cre-
three main goals are: conservation of biodiver- ation of programs responding to biodiversity
sity, sustainable use of biodiversity, and the fair conservation spread very rapidly in many de-
and equitable sharing of benefits arising from veloping countries. The governments of those
the commercial and other utilization of genetic countries that signed the CBD became rapidly
resources. eligible for GEF funding and started putting
At the Rio Earth Summit, the indigenous their biodiversity inventories, strategies, pro-
delegation wrote the “Indigenous Peoples tected-areas systems, and other biodiversity
Earth Charter” during the Kari-Oca confer- conservation programs in place.
ence, May 25–30, 1992. The Earth Charter Since the Rio Earth Summit, the Indig-
declared several issues that are important enous Peoples’ rights groups continued to
to indigenous groups, including: 1) human request a “binding international legal conven-
rights and international law, 2) lands and tion” protecting and incorporating indigenous
territories, 3) biodiversity and conservation, rights and aspirations and creating a financial
4) development strategies, and 5) culture, mechanism for the implementation of many
science, and intellectual property. For Indig- crucial programs and projects in their territo-
enous Peoples, conservation of biodiversity is ries. Several Indigenous Peoples charters and
not new; on the contrary, it is part of their own declarations were issued during the following
culture, history, and spirituality. The Earth years (i.e., The Leticia Declaration and Pro-
Charter stated that most Indigenous Peoples posals for Actions, 1996; The Charter of the
still living in their territories or continuing Indigenous and Tribal Peoples of the Tropical
their ancestral customs and spirituality are Forests, New York, 2002; The Kimberley Dec-
key actors in nature conservation due to their laration, South Africa, 2002; The Indigenous
strong ties to wildlife, biodiversity, and all the Peoples Political Declaration, Bali, 2002). It
elements—water, fire, moon, and stars. How- was not until 2007 that the official UN Dec-
ever, the Earth Charter was not recognized by laration on the Rights of Indigenous Peoples
or incorporated into the negotiations of the was passed at the UN General Assembly (An-
CBD. nex 1). This declaration marked an important
In article (8J), the CBD made references moment for the Indigenous Peoples global
to the importance of recognizing the rights of movement.
Indigenous Peoples to use, own, and control The premise behind this report is that
their traditional territories and to protect their creating a sustainable future for biodiversity
ancestral knowledge and skills. This article conservation worldwide will critically depend
also espouses developing working partner- upon the active and effective engagement of
ships with Indigenous Peoples based upon the Indigenous Peoples. Without their full engage-
principle of full and informed consent, while ment, major conservation initiatives under
also gaining equitable shares of conservation way today—both public and private—will be
Introduction
compromised, and all citizens of the world or first peoples, are best defined by using sev-
will lose as a result. Indigenous peoples are the eral criteria. Indigenous peoples may have all
forgotten partners in biodiversity conserva- or some of the following criteria: (a) are the
tion, and this report makes the case for their descendants of the original inhabitants of a
immediate incorporation into all forms of de- territory that has been overcome by conquest;
velopment interventions that have to do with (b) are “ecosystem peoples,” such as shifting or
biodiversity, forests, and climate change. This permanent cultivators, herders, hunters and
is an issue not only of rights but also of de- gatherers, fishers, and/or handicraft makers
velopment effectiveness and social equity in all who adopt a multiuse strategy of appropria-
their tenor and scope. tion of nature; (c) practice a small-scale,
labor-intensive form of rural production that
produces little surplus and has low energy
Indigenous Diversity in the World needs; (d) do not have centralized political
institutions, organize their life at the level of
The global indigenous population of approxi- community, and make decisions on a con-
mately 300 million people is composed of about sensus basis; (e) share a common language,
5,000 distinct indigenous cultures worldwide, religion, moral values, beliefs, clothing, and
living in every climate from the Arctic Circle to other identifying characteristics as well as a
the tropical rain forests. Although Indigenous relationship to a particular territory; (f) have
Peoples make up only 4 percent of the world’s a different worldview, consisting of a custo-
population, they represent 95 percent of the dial and nonmaterialistic attitude to land
world’s cultural diversity. and natural resources based on a symbolic
Table 1 illustrates the variation that ex- interchange with the natural universe; (g)
ists between the total number of Indigenous are subjugated by a dominant culture and
Peoples and the number of ethnic groups. For society; and (h) consist of individuals who
example, in Mexico and China the total pop- subjectively consider themselves to be indig-
ulation of Indigenous Peoples is large (12.7 enous (Toledo 2000).
million and 105 million respectively), while According to the World Bank (WB) policy
the diversity of ethnic groups is relatively low on Indigenous Peoples, the term “Indigenous
(62 and 55). In contrast, Brazil, Indonesia, Peoples” is used in a generic sense to refer to a
and the United States have a low number of distinct, vulnerable, social, and cultural group
indigenous inhabitants (734,000, 1.1 million, possessing the following characteristics in
and 2.4 million, respectively) while their di- varying degrees:
versity is relatively high (250, 365, and 335).
Where the population of Indigenous Peoples a. self-identification as members of a distinct
is low, they tend to face greater threats because indigenous cultural group and recogni-
they represent true minority groups. Many tion of this identity by others
indigenous ethnic groups are considered to b. collective attachment to geographically
be among the poorest population segments distinct habitats or ancestral territories
in their countries (in Africa and Asia and in in the project area and to the natural re-
some parts of Bolivia, Peru, Mexico, and Gua- sources in these habitats and territories
temala). c. customary cultural, economic, social, or
Indigenous Peoples live in about 75 of political institutions that are separate from
the world’s 184 countries and are inhabit- those of the dominant society and culture
ants of practically each main biome of the d. an indigenous language, often different
earth. IPs, also called tribal, aboriginal or from the official language of the country
autochthonous peoples, national minorities, or region
The Role of Indigenous Peoples in Biodiversity Conservation
Introduction
Many areas inhabited by Indigenous Peoples The Amazon forests in Brazil have been
coincide with some of the world’s remaining dwindling for decades. There is evidence
major concentrations of biodiversity. Tradi- that the scope of destruction depends upon
tional indigenous territories encompass up who uses the land. A recently produced map
to 22 percent of the world’s land surface and of the Brazilian Amazon shows that natu-
they coincide with areas that hold 80 percent ral ecosystems have improved conservation
of the planet’s biodiversity (WRI 2005). Also, potential when Indigenous Peoples inhabit
the greatest diversity of indigenous groups co- them. (See Map 1.) The researchers from the
incides with the world’s largest tropical forest Brazilian Institute for the Environment and
wilderness areas in the Americas (including Renewable Natural Resources and the World
Amazon), Africa, and Asia, and 11 percent of Wildlife Fund overlaid indigenous territories
world forest lands are legally owned by In- onto a map showing forest cover. The result
digenous Peoples and communities (White reveals a strong correlation between indig-
et al. 2004). Recent efforts to map centers of enous presence and the protection of natural
biodiversity in the Brazilian Amazon reveal ecosystems.
a high degree of overlap between indigenous A similar map of the indigenous territo-
territories and areas of exceptionally high bio- ries, forests, and marine resources of Central
diversity. This correlation is also notable in America and southern Mexico was produced
montane areas rich in biodiversity, such as the showing the same results. It is logical to assume
Andes and Himalayas. Even in biomes less rich that intact habitats support greater biodiver-
in biodiversity, such as the boreal forests of the sity, and environmentalists have long pointed
Northern Hemisphere, the most pristine habi- to a link between cultural and biological diver-
tats tend to be occupied by native populations. sity. The late geographer Bernard Nietschmann
This convergence of biodiversity-significant called it “the rule of indigenous environ-
areas with indigenous territories presents an ments—where there are Indigenous Peoples
enormous opportunity to expand biodiversity with a homeland, there are still biologically
conservation efforts beyond national parks rich environments.” This map is part of a re-
and reserves. cent effort to bring the tools of cartography to
The Role of Indigenous Peoples in Biodiversity Conservation
Map 1: Overlaid Forest Cover, Protected Areas, and Indigenous Reserves in the Brazilian Amazon
indigenous cultures. Activists hope that it em- era of protected-area management can be con-
powers the native peoples of Central America sidered to originate with the establishment of
and southern Mexico to preserve their cultures the world’s first national park at Yellowstone.
and ancestral lands. Established on a Crow, Blackfeet, and Sho-
shone-Bannock territory in the United States
in 1872, Yellowstone was selected because of its
Indigenous Domains and outstanding natural features.
Protected Areas Today there has been a large expansion of
protected areas that now cover more than 10
Human societies have long set aside special percent of the Earth’s terrestrial surface. This has
areas of the natural environment to meet eco- provided society with many benefits in terms of
logical and cultural needs. Such areas have ecosystem preservation, provision of environ-
ranged from the communal resource areas mental services, and opportunities for recreation
and the sacred trees and groves of traditional and tourism, all particularly vital in light of the
societies to more formal reserves for hunting rapid economic development and the consequent
or other recreational interests of the nobility extensive modification of natural environments
and other social elites. However, the modern that is occurring worldwide.
Introduction
Despite their well-documented roles as mendation 24 of the Congress noted that many
responsible environmental stewards on all con- protected areas overlap with the lands, territories,
tinents, Indigenous Peoples have frequently and resources of indigenous and traditional peo-
been marginalized in past efforts to conserve ples. The recommendation further noted that in
biodiversity. Conflicts have long simmered be- many cases the establishment of protected areas
tween conservationists and Indigenous Peoples. has affected the rights, interests, and livelihoods
From the nineteenth century on, game reserves, of Indigenous Peoples and that this has subse-
national parks, and other protected areas were quently resulted in persistent conflicts.
frequently carved out of Indigenous Peoples’ Additionally, the recommendation noted
territories. Such expulsions continue today, that effective and sustainable conservation can
particularly in Africa and parts of Asia, where be better achieved if the objectives of protected
the legal rights of traditional peoples are more areas do not violate the rights of Indigenous
tenuous (Brechin et al. 2003, Neumann 1998, Peoples living in and around them. It continued
Colchester 1997). that it is widely acknowledged that successful
We can illustrate this issue with a well- and enduring implementation of conservation
known example. Yellowstone was conceived as a programs can only be guaranteed when there
wilderness area, a place without people, and in is consent for and approval by Indigenous
1871 the Shoshone-Bannock inhabitants were Peoples, among others, because their cultures,
relocated to the Wind River reservation. The his- knowledge, and territories contribute to the
torical evidence about their willingness to move building of comprehensive protected areas. Rec-
is mixed, but it is known that in 1877 a series of ommendation 24 also noted that there is often
pitched battles occurred between tribal groups a commonality of objectives between protected
and the civilian superintendents. These resulted areas and the need of Indigenous Peoples to
in the death of more than 300 people, and the protect their lands, territories, and resources
administration of the park was subsequently from external threats.
turned over to the US Army in 1886. The World Parks Congress Resolution 1.53,
The adoption of the “Yellowstone” model which was built upon a previous resolution ad-
of protected areas has historically resulted in opted by members of the World Conservation
the forced relocation of Indigenous Peoples in a Union–IUCN at the first World Conservation
number of other areas, including the expulsion Congress in Montreal in 1996, promoted policy
of the Ik to create the Kidepo National Park in based on the principles of:
Uganda and the Mongondwo people to create
Domonga-Bone National park in Sulawesi. The 1. Recognition of the rights of Indigenous
policy of attempting to create protected areas Peoples with regard to their lands or ter-
without people has often had undesirable con- ritories and resources that fall within
sequences for both the affected people and the protected areas
areas that governments and conservation agen- 2. Recognition of the necessity of reaching
cies were attempting to protect. In many of these agreements with Indigenous Peoples prior
areas, there is now a legacy of distrust between to the establishment of protected areas in
affected or potentially affected people and the their lands or territories
governments and conservation agencies. 3. Recognition of the rights of Indigenous
It has been estimated that as much as 85 per- Peoples concerned to participate effec-
cent of the world’s protected areas are inhabited tively in the management of the protected
by Indigenous Peoples (IUCN/WCPA 2000, 2004). areas established on their lands or territo-
This issue is not to be taken lightly, given these ries, and to be consulted on the adoption
statistics. These complexities were recognized by of any decision that affects their rights and
the 2003 IUCN World Parks Congress. Recom- interest over those lands or territories
The Role of Indigenous Peoples in Biodiversity Conservation
Introduction
streams of settlers penetrate even the most re- demarcation, life and cultural development
mote indigenous areas on the globe. plans, and livelihood activities), the majority of
Indigenous peoples’ extraordinary international and national biodiversity fund-
knowledge of their natural resource base has ing still goes to government agencies, NGOs,
been extensively documented by scientific re- and western scientists.
search worldwide (Posey 1999, Toledo 2002), Historically, the financing of biodiver-
which shows that traditional knowledge pro- sity programs has focused on conventional
vides the foundation for intricate resource protected areas. For example, recent analysis
management systems that have sustained in- of approximately US$200 million per year
digenous societies for millennia (Clay et al. in conservation investments in the Amazon
2000, Posey 1999, Silvius et al. 2005). Research Basin revealed that 46 percent went to pro-
has consistently revealed that traditional tected areas and only 9 percent to IP territories
ways of using and managing biodiversity are (NRIC 2005)—even though the latter are far
grounded in progressive principles of sus- more extensive (> 2.5 times larger) and equal-
tainability. In short, indigenous knowledge ly intact (Nepstad et al. 2006). International
and management systems represent critical organizations, the private sector, and govern-
yet frequently untapped resources in global ments spend over US$800 million annually
conservation efforts. to support biodiversity conservation in pro-
tected areas , and most of these resources are
used for infrastructure and equipment needs,
Shifting the paradigm management plans, and the hiring of outside
administrators, park guards, and land man-
While Indigenous Peoples are increasingly agement specialists (Bruner et al. 2004).
invited to participate in the management of James et al. (2001) estimated that the
biodiversity on their lands (e.g., assets mapping, shortfall in biodiversity funding for protect-
The Role of Indigenous Peoples in Biodiversity Conservation
ed-area management is between US$1 billion clearly related to land claims, biodiversity and
and US$1.7 billion per year. In addition, ex- sacred sites conservation, cultural and spiritual
panding the current protected-area systems preservation, education, and medicine.
to include the highest-priority terrestrial sites
increases total management cost to US$4 bil-
lion per year (Lapham and Livermore 2003). FINAL POINTS
Costs for new protected areas to include those
sites would require either purchase or com- Some scientists have raised issues about the role
pensation equivalents totaling as much as of Indigenous Peoples in biodiversity conserva-
US$9 billion per year for the next 10 years tion (Terbourgh 1999, Wilshusen et al. 2002),
(Rodrigues et al 2004). In short, the total costs but in general there is presently an emerging
for expansion and management of protected recognition of the opportunities (Adams and
areas would be equal to US$13 billion per year McShane 1996, Borrini-Feyerabend 1997,
over the next decade. 2002, Brechin et al. 2003). One could argue
Indigenous agendas almost invariably that biodiversity conservation with the par-
begin with the claim of their ancestral ter- ticipation of Indigenous Peoples presents both
ritories to assure the long-term protection of many challenges and great opportunities. This
their lands and natural resources. A logical report endeavors to contribute toward bridg-
next step in this process would be to develop ing the gap between conservationists´ efforts
natural resource and biodiversity conservation and the aims and aspirations of IP groups,
and management plans. According to scattered thereby broadening support for biodiversity
literature and unpublished sources, efforts by preservation. As presented in this report, there
Indigenous Peoples to plan and implement are significant global benefits that could be
conservation programs do exist and appear to achieved by supporting biodiversity conserva-
be increasing, especially as Indigenous Peoples tion with the active participation of Indigenous
in many countries gain greater control over Peoples, “the natural but forgotten partners.”
their territories and resources. Yet knowledge This report thus addresses several funda-
about such indigenous areas remains scattered mental questions:
and incomplete.
In contrast with hired outsiders, In- 1. Is the Bank biodiversity portfolio engaging
digenous Peoples already live on the land, Indigenous Peoples in a significant way?
reducing the cost of a labor force to maintain 2. What are the trends as regards the mean-
and protect the area. The existing decision- ingful participation of Indigenous Peoples
making structures that govern indigenous in the different regions of the Bank?
communities lead to greater local buy-in on 3. What are some of the best practice examples
the decisions reached. Local populations have of real participation of Indigenous Peoples
a far greater stake in the successful outcome of in the Bank projects and programs?
conservation and management initiatives on 4. What are the lessons learned from projects
their territories—a critical consideration for that have not performed well?
initiatives to maintain protected areas over the 5. What are the most commonly held views
long term. Traditional resource management of Indigenous Peoples on biodiversity
systems tend to incorporate the long-term conservation and sustainable develop-
perspectives required for sustainability. Box 1 ment, which have been portrayed in fora,
presents an example of the main aspirations and the views of indigenous elders and
that a group of Indigenous Elders discussed indigenous women regarding their par-
at a Council meeting in 2004. Their aims are ticipation in biodiversity conservation?
10
Introduction
The following details the main outcome of the Indigenous Council of Elders meeting in Jalapa, Mex-
ico in 2004. A dialogue and exchange of views took place among the elders from 27 different ethnic
groups and can be summarized as:
Identity and Spirituality The elders recognize that all members of their community are united be-
cause they have a common origin and a spirituality that is founded on love and respect for nature.
Their knowledge is practical and collective and is directly linked to people’s daily lives. They also ac-
knowledge the respect that they have for their elders as they are the carriers of knowledge and history
and they remind them of conserving and preserving their own culture and history.
Territories and Sacred Sites The discussion of territories and sacred sites also includes the topic of
environment and biodiversity. The first thing that elders mention is the importance of the lands and
territories to their survival and that they understand how important it is to live in harmony with
nature. They have preserved certain areas within their territories that are sacred, such as rivers, caves,
lakes, springs, islands, etc. They acknowledge their common history of the loss of territories. For this
reason, they think that the land cannot be sold and they request common titles to their lands through
presidential decrees or other similar means. They call to all humanity so that together we can preserve
nature and avoid water and air pollution, deforestation of our forests, and the indiscriminate exploi-
tation of resources.
Education and Medicine The elders see education as a constant practice during one’s life journey.
They acknowledge that education comes from the parents and family, from their elders and com-
munity, and while they work as adults. Their language is part of their identity and is the spirit of their
cultures. They address their concern that many institutional education systems do not value their
culture, history, and aspirations. They state clearly that they will not abandon their own education
system, but on the contrary they will enrich it for posterity. For them, it is important to take care of
certain plants and animals that constitute their food and medicine and they request that everybody
respect these. They request respect from government and outsiders toward their sacred plants, instru-
ments, ceremonial objects, etc. They also raise the issue of the need to stop any patenting of their
plants, minerals and, animals.
The Future of Their Peoples and Traditional Knowledge Elders recognized the importance of gather-
ings among other elders because they believe that this strengthens the unity of indigenous peoples,
instead of accentuating the differences. They acknowledge the need to disseminate the experiences
and knowledge of their ancestors among our peoples. With respect to participation, the indigenous
peoples of the Americas request to be consulted on time and meaningfully by the governments and
the private sector regarding any action or program that may directly or indirectly affect their ter-
ritories. They also recognized the equality of men and women in their communities, as a form of
substantial equilibrium, and also recognize the dignity of their grandmothers, mothers, and sisters,
who represent life and the future of their communities.
11
The Role of Indigenous Peoples in Biodiversity Conservation
6. How can the Bank contribute to filling the in biodiversity conservation projects. The re-
gap between conservationists’ efforts and port is intended for Bank Task Team leaders,
the aspirations of indigenous groups to advisors, directors, and managers and also gov-
broaden support for biodiversity conser- ernment and NGOs engaged in biodiversity
vation? conservation programs. Indigenous peoples
seeking international funding for biodiversity-
The main objective of this study is to ex- related activities in their ancestral territories
amine what the World Bank needs to know to might also benefit from the tools generated by
more effectively engage Indigenous Peoples this study.
12
The Bank Biodiversity and
Indigenous Peoples Portfolios
T
his chapter focuses the discussion on two broad analyses: 1) the World
Bank’s policy and legal framework for supporting Indigenous Peoples
and 2) an examination of the World Bank portfolio on biodiversity
and Indigenous Peoples.
LEGAL FRAMEWORKS
International Law
13
The Role of Indigenous Peoples in Biodiversity Conservation
other utilization of genetic resources. The CBD More specifically, the directive seeks to ensure
contains a full article (8J) on the importance of that Indigenous Peoples do not suffer adverse
recognizing the rights of Indigenous Peoples to effects during the development process, partic-
use, own, and control their traditional territo- ularly from Bank projects, and that they receive
ries and to protect their traditional knowledge culturally compatible social and economic
and skills. The article also espouses the devel- benefits. In OD 4.20, Indigenous Peoples are de-
opment of working partnerships based upon fined as social groups with a social and cultural
the principle of full, prior, and informed con- identity distinct from the dominant society,
sent of Indigenous Peoples and that IPs also making them vulnerable to development de-
gain equitable shares of conservation benefits. cisions made without their participation. OD
Complementary to this, the ILO Convention 4.20 requires borrowers to prepare an Indig-
refers to the importance of securing Indige- enous Peoples Development Plan (IPDP) for
nous Peoples’ lands and traditional knowledge, any project affecting Indigenous Peoples.
linking it to biodiversity conservation. In their OD 4.20 was updated after an extensive
essence, the two conventions support a more period of consultation, during which the rights
equitable society where Indigenous Peoples of Indigenous Peoples were debated extensively.
and biodiversity are respected, secured, and The Bank’s new policy on Indigenous Peoples
maintained. (OP 4.10) aims to “ensure that the develop-
In certain countries where the World Bank ment process fully respects the dignity, human
works, the legal recognition of Indigenous rights, economies and cultures of Indigenous
Peoples is still not fully incorporated in gov- Peoples” and “requires the borrower to engage
ernmental agendas. In April 2007, the World in a process of free, prior, and informed consul-
Bank financed a workshop that brought Pygmy tation” with Indigenous Peoples in all projects
groups from the Congo Basin together with that are proposed for Bank financing and affect
government officials, NGOs, and international Indigenous Peoples and that “such Bank-fi-
financiers to discuss their participation in for- nanced projects include measures to: (a) avoid
estry and biodiversity projects. Box 2 presents a potentially adverse effects on the Indigenous
summary of the declaration voiced by Pygmies Peoples’ communities; or (b) when avoidance
at that meeting and shows that unless the ba- is not feasible, minimize, mitigate, or compen-
sic survival, identity, and rights of Pygmies are sate for such effects. Bank-financed projects
recognized and addressed, the successful imple- are also designed to ensure that the Indigenous
mentation of programs and projects in natural Peoples receive social and economic benefits
resources management will be difficult. that are culturally appropriate and gender and
inter-generationally inclusive.” This policy was
approved by the World Bank’s executive direc-
Bank Safeguard Policies tors on May 10, 2005 (Annex 2).
With regard to its policies, the Bank under-
The original World Bank Operational Manual stands and respects the historical and present
Statement on “Tribal Peoples in Bank-Financed situation of indigenous (and other traditional)
Projects” (OMS 2.34) and its Operational Di- peoples’ rights vis-à-vis the need to preserve/
rective (OD) on Indigenous Peoples (OD 4.20) conserve remaining areas of high biodiversity.
have been key instruments for protecting the The safeguard policies require consultation,
land and rights of Indigenous Peoples. The disclosure, and involvement in planning and ef-
broad objective outlined in this directive is to forts to develop alternatives in situations where
ensure that the development process fosters projects may not serve the best interests of In-
full respect for the dignity, human rights, and digenous Peoples and other vulnerable groups.
cultural uniqueness of Indigenous Peoples. The most succinct statement on the Bank’s ap-
14
The Bank Biodiversity and Indigenous Peoples Portfolios
Box 2: Declaration of Indigenous Peoples (Populations Autochtones) of the Democratic Republic of Congo
Distinguished Guests.
DRC is one of the countries of Central Africa with a land surface of approximately 2,345,000
km2 and a population of 60 million inhabitants, including the indigenous populations. We are ap-
proximately 250 to 300,000 indigenous peoples known as the Bambuti, Batwa, Baca. Our life style is
hunter-gatherers.
In parallel to the problems that most indigenous peoples in the world and in Central Africa suf-
fered, we, in DRC, have the following serious problems:
May the international forums for indigenous peoples for Central Africa live!
May the indigenous peoples from DRC live!
(on the occasion of the international forum of indigenous peoples of Central Africa 2007)
15
The Role of Indigenous Peoples in Biodiversity Conservation
proach to Indigenous Peoples’ rights and the • Environment Assessment (EA) OP/BP
sustainable management of protected areas and 4.01
parks is contained in the OP 4.10. Para 21: • Natural Habitats Policy 4.04
• Forests OP/BP 4.12
In many countries, the lands set aside
as legally designated parks and pro-
Environment Assessment (EA) OP/BP 4.01:
tected areas may overlap with lands
3. “EA takes into account the natural environ-
and territories that Indigenous Peoples
ment (air, water, and land); human health and
traditionally owned, or customarily
safety; social aspects (involuntary resettlement,
used or occupied. The Bank recognizes
Indigenous Peoples, and cultural property);
the significance of these rights of owner-
and transboundary and global environmental
ship, occupation or usage as well as the
aspects. EA considers natural and social as-
need for long-term sustainable manage-
pects in an integrated way.”
ment of critical ecosystems. Therefore,
involuntary restrictions on the access
14. “For all Category A and B projects pro-
of Indigenous Peoples to legally des-
posed for IBRD or IDA financing, during the
ignated parks and protected areas, in
EA process, the borrower consults project-af-
particular access to their sacred sites,
fected groups and local nongovernmental
should be avoided. In exceptional cir-
organizations (NGOs) about the project’s en-
cumstances, where it is not feasible to
vironmental aspects and takes their views into
avoid restricting access, the borrower
account. The borrower initiates such consulta-
prepares, with the free, prior, and in-
tions as early as possible.“
formed consultation of the affected
Indigenous Peoples’ communities, a
15. “For meaningful consultations between
process framework in accordance with
the borrower and project-affected groups and
the provisions of OP 4.12. The pro-
local NGOs on all Category A and B projects
cess framework provides guidelines
proposed for IBRD or IDA financing, the bor-
for preparation, during project imple-
rower provides relevant material in a timely
mentation, of an individual parks and
manner prior to consultation and in a form
protected areas’ management plan and
and language that are understandable and ac-
ensures that the Indigenous Peoples
cessible to the groups being consulted.”
participate in the design, implemen-
tation, monitoring, and evaluation of
the management plan, and share equi- Natural Habitats Policy 4.04:
tably in the benefits of the parks and 4. “The Bank does not support projects that,
protected areas. The management plan in the Bank’s opinion, involve the significant
should give priority to collaborative ar- conversion or degradation of critical natural
rangements that enable the Indigenous habits.” Critical natural Habitats are defined to
Peoples, as the custodians of the re- include “areas initially recognized as protected
sources, to continue to use them in an by traditional local communities (e.g., sacred
ecologically sustainable manner. groves, and sites that maintain conditions vital
for the viability of these protected areas).”
The World Bank has three additional
safeguard policies that relate to issues of for- 10. “The Bank expects the borrower to take
est, biodiversity, and environment and that are into account the views, roles, and rights of
indirectly linked to the interests of Indigenous groups, including local nongovernmental or-
Peoples. These include: ganizations and local communities, affected
16
The Bank Biodiversity and Indigenous Peoples Portfolios
17
The Role of Indigenous Peoples in Biodiversity Conservation
Indigenous Peoples specialists, and 5) Database and funded, activities: 1) Institutional building,
Analysis to produce summary tables and fig- policies, and strategic planning; 2) Inventories,
ures of regional and annual funding, funding research, and monitoring; 3) Public awareness
source, biodiversity conservation programs, and education; 4) Protected area; 5) Production
and indigenous participation. Projects were landscape; 6) Sustainable financing and market
assigned to a fiscal year based on their date of mechanisms; 7) Nature tourism; 8) Indigenous
approval by the World Bank Board or, in the Peoples; 9) Agrobiodiversity; and 10) Invasive
case of MSPs, by the country management species. The present analysis covers category 8
unit. The data range from FY 1988 to FY 2008. on Indigenous Peoples and does not include
Co-financing amounts include contri- local communities.
butions from borrower governments, local
beneficiaries, NGOs, bilateral donors, regional
development banks, and United Nations orga- Results
nizations. For each project, figures have been
computed for total cost, total biodiversity costs The Bank, through IDA, IBRD, and GEF fund-
(World Bank Group (WBG) funds plus as- ing, has been one of the largest financiers of
sociated co-funding), and Bank biodiversity biodiversity projects. The portfolio of the
funding. It was not possible to accurately judge World Bank Group has grown steadily over the
the funding that has been destined for Indig- past 20 years and especially over the last decade.
enous Peoples needs and programs. A more Between 1988 and 2008, the Bank approved as-
detailed analysis would be needed to collect sistance totaling US$6,177 million through 596
this type of information. projects that fully or partially supported biodi-
Biodiversity activities supported by Bank versity conservation in all major ecosystems.
projects or project components were put into The distribution of these projects by re-
the following 10 categories of explicitly stated, gion is presented in Figure 1 :
Figure represents number of projects and total funding per World Bank geographic region from 1988 to 2008 where AFR = Africa
region, GLO = global, EAP = East Asia and Pacific region, ECA = Europe and Central Asia Region, LAC = Latin America and the
Caribbean region, MENA= Middle East and Northern Africa region, SAR= South East Asia region and percents represent the
proportion of total projects funded in that region during that time period.
18
The Bank Biodiversity and Indigenous Peoples Portfolios
The largest group of biodiversity projects The number of biodiversity projects that
is in the Latin America and Caribbean region, are supporting Indigenous Peoples is still rela-
with 32.7 percent of the total projects funded tively marginal, as can be observed in Figure 3,
worldwide (195 projects amounting to US$2.4 where the number of biodiversity projects that
billion). The next largest share is from the Af- do not address IP objectives is represented in
rica region, with 26.8 percent (160 projects lighter shade and the number of projects that
amounting to US$1.8 billion), followed by the have a positive impact on IP objectives is rep-
remaining regions. resented in darker shade. In Figure 3 the lighter
The analysis undertaken allowed us to shade shows projects mainly supporting pro-
assess how many of the biodiversity projects tected areas and biodiversity projects without
are supporting Indigenous Peoples programs
and livelihoods. A first level of analysis reveals
that there are 109 projects out of the 596 that
have supported or are supporting Indigenous
Peoples programs and needs. In other words, Figure 3: Proportion of Biodiversity Projects
in terms of number of projects, 18.3 percent with and without Impacts on Indigenous
of the Bank biodiversity portfolio supports In- Peoples
digenous Peoples’ objectives. The distribution
of projects that support Indigenous Peoples 300
objectives across the different regions is pre- 250
sented in Figure 2. 200
The Latin America and Caribbean region
150
supports the largest number of biodiversity
100
projects that include support for Indigenous
Peoples programs (60 projects). The next larg- 50
est number of projects with positive impacts on 0
GLO AFR EAP ECA LAC MENA SAR
Indigenous Peoples is East Asia Region, with 20
projects, followed by the Africa and South Asia. Projects with IP BD projects
19
The Role of Indigenous Peoples in Biodiversity Conservation
the involvement of IPs. This analysis did not The results show that of the 109 proj-
provide sufficient data to know if some of these ects analyzed only 32% have full engagement
projects overlap with Indigenous Peoples, but (stand alone IP projects or biodiversity projects
this could be the case. that support in their totality the IP programs
A deeper analysis of the portfolio reveals and needs) and the largest number of full en-
that the participation of Indigenous Peoples gagement projects is in the Latin America and
is quite variable between one project and an- Caribbean region while the other regions have
other. For the purposes of this analysis, the 109 only started to fully engage IP in very few proj-
WB projects that involved Indigenous Peoples ects (Figure 4). There is a need to increase this
were subdivided into three categories. The first type of engagement in the immediate future.
category, labeled “full engagement,” included The data also show that in the Latin American
projects that were either designed exclusively and Caribbean and the East Asia and Pacific
to benefit Indigenous Peoples or were imple- regions, recent projects have applied IPDPs
mented by an indigenous organization. The to biodiversity projects, but that in the Africa
second category, labeled “IPDP prepared,” in- region projects continue to involve IPs in a
cluded projects that had complied with the marginal way. The Europe and Central Asia
Bank Policy OP/BP4.10 and were benefiting and the Middle East and Northern Africa re-
Indigenous Peoples but not as the prime ob- gions do not have any biodiversity projects
jective of the project. The application of Bank directed at IP activities.
Policy OP/BP 4.10 that included the prepara- There are some countries that have consis-
tion of Indigenous Peoples Development Plans tently directly incorporated Indigenous Peoples
has strengthened project effectiveness in terms objectives into biodiversity projects (Figure
of meeting their global objectives by facilitat- 5). The top-ranking countries with the largest
ing IP participation as partners and principal number of projects that support IPs beyond
actors in conservation actions. The third cate- the IPDP requirements are Peru, Mexico, Costa
gory, labeled “marginal involvement,” includes Rica, Colombia, India, Laos, Ecuador, and Bra-
projects without an initial IPDP but benefit to zil. These projects have borrowed from the WB
Indigenous Peoples or communities was estab- or have fully endorsed GEF funds toward In-
lished as an outcome of the project upon its digenous Peoples’ traditional knowledge, land
completion. demarcation, capacity building, etc. The top-
20
The Bank Biodiversity and Indigenous Peoples Portfolios
Figure 5: Top-Ranking Countries with the Largest Number of Projects That Support IPs
Peru Brazil
Mexico Phillipines
Costa Rica Mexico
Colombia Vietnam
India China
Cameroon
Lao
Panama
Ecuador
Nicaragua
Brazil
India
Uganda
Papua
Venezuela
Lao
Guatemala
Gabon
Bolivia Costa Rica
Belize SriLanka
Argentina Bolivia
1 2 3 4 5 6 7 0 2 4 6 8 10 12
ranking countries that support IPs within the The results of the review indicated that
Safeguard policies by preparing IPDPs are Bra- almost all projects involved IP as beneficia-
zil, the Philippines, Mexico, Vietnam, China, ries, and 35 projects (73 percent) specifically
Cameroon, Panama, and Nicaragua. included provisions to comply with OD 4.20
The results from this analysis have some (new OP/BP 4.10) to ensure that IP become
similarities with those of a 2004 review of the beneficiaries of project activities. Nine projects
LAC portfolio, which examined Indigenous included Indigenous Peoples Development
Peoples’ participation and biodiversity con- Plans, 14 projects had IP as the primary ben-
servation (World Bank 2004b, GEF 2006). eficiaries and were therefore considered IPDPs
The review covered 48 projects, including 8 in themselves, and 12 projects prepared In-
completed projects, 32 under active imple- digenous Peoples Strategies to ensure that IP
mentation, and 8 under preparation. The benefit from project activities. These Plans and
geographic span was dominated by the two Strategies have strengthened project effective-
mega-biodiversity regions, with 22 projects in ness in terms of meeting global objectives by
the Andean subregion and 19 in Mesoamerica facilitating IP participation as partners and
countries. In terms of investment volume, the principal actors in conservation actions.
largest project was in Brazil and the second Most of the World Bank projects support-
largest in Mexico. ing Indigenous Peoples consist of individual
21
The Role of Indigenous Peoples in Biodiversity Conservation
country projects except for one regional proj- workshop, 20 indigenous women representing
ect in Central America, Integrated Ecosystem Argentina, Chile, Bolivia, Panama, Costa Rica,
Management by Indigenous Communities. Guatemala, El Salvador, and Mexico gathered to
This project includes, among other activities, discuss issues and actions to strengthen the par-
the strengthening of indigenous networks for ticipation of indigenous women in biodiversity
ecotourism, organic cacao production, and conservation. Box 3 summarizes the main rec-
payment for environmental services. An analy- ommendations from the meeting and illustrates
sis of this project shows that Indigenous Peoples the priorities of indigenous women, who are
value the active support provided by networks, very supportive of biodiversity conservation.
since these provide information and services to
indigenous organizations to increase their ca-
pacities in an effective way. The World Bank has Yearly Trends
had very limited funds to support networks.
In 2006, the Bank supported a workshop Figure 6 shows the yearly trends in engaging IP
to strengthen the Latin American Network of in biodiversity projects. The figure shows that
Indigenous Women for Biodiversity. During the between 1990 and 1995, biodiversity projects
Box 3: Recommendations from a Meeting of Latin American Network of Indigenous Women for
Biodiversity (Panama, 2006)
Improve Communication
To the participants, it is important to raise awareness among municipal governments of the importance of
biodiversity and indigenous peoples’ role and to ensure that municipal zoning plans regulate biodiversity
use. They also see that workshops to exchange information and experiences of the in-situ conservation
of seeds and medicinal plants would strengthen their work. The use of publications and videos to com-
municate their best practices at regional and national events would raise their visibility. Radio programs
have been successful, and they see the need for increased support for this type of activity.
Capacity Building
The need for capacity building continues to be a strong element that all women at the workshop
recognized. In addition, the women’s organizations are weak and there is a need to increase their
administrative capacity.
Increase Participation
Support the participation of women in international forums that discuss biodiversity; promote the
participation of youth to all the international meetings of the CBD; prepare tools and materials to
monitor the implementation of the application of Article 8-j.
Conservation
Recovery of endangered wildlife; reforestation of degraded watersheds and conservation of wildlife;
develop indigenous seed banks to bring back to local communities as a strategy for climate change
adaptation.
22
The Bank Biodiversity and Indigenous Peoples Portfolios
Box 3: Recommendations from a Meeting of Latin American Network of Indigenous Women for
Biodiversity (Panama, 2006) (Continued)
were marginally engaging Indigenous Peoples. significant trend occurred between 2001 and
Between 1996 and 2000, when the IP Policy 2006, when many more projects were designed
was fully put in place at the Bank, many proj- to include stand alone IP projects supporting
ects started complying with the policy and were biodiversity objectives rather than the other
engaging IP in different manners. The most way around. While this is a positive trend, there
were some projects during this time period
where biodiversity objectives and Indigenous
Peoples objectives overlapped, yet IPs were still
marginally engaged despite the safeguard policy
Figure 6: Yearly Trends in Engaging IP in WB on Indigenous Peoples. This is something that
Biodiversity Projects will be carefully addressed in the final chapter.
25
GEF-WB Financed projects
20
Number of Projects
23
The Role of Indigenous Peoples in Biodiversity Conservation
Between 1988 and 2008, GEF supported Peoples’ programs and needs. This represents
a total of 309 GEF-WB Biodiversity projects 16 percent of the GEF-WB biodiversity portfo-
amounting to US$1.4 billion (GEF Funding). lio, compared with 18 percent observed in the
This represents about 45 percent of the total overall Bank portfolio, which includes GEF,
Bank financing in biodiversity. Figure 7 shows IBRD and IDA loans, the Rain Forest Trust
the distribution of GEF projects across the re- Fund, Development Grant Facility funds, and
gions and compares the amount of projects other sources of funding.
financed by GEF to those with overall biodi- The trends in the distribution of these
versity Bank financing. projects across the different regions can be
Fifty GEF-WB projects out of the 309 observed in Figure 8. The GEF funds have sup-
have supported or are supporting Indigenous ported biodiversity projects with Indigenous
Figure 8: Distribution across Regions of the GEF Biodiversity Projects with a Positive Impact
on IPs
Positive Impact GEF-WB
ECA
GEF–WB Projects
0 GLO Region Projects with IP Percent
2
GLO 8 2 2.6
SAR
2 AFR 90 7 29.1
LAC EAP 40 10 12.9
29 AFR ECA 53 0 17.2
7
LAC 94 29 30.4
MENA 16 0 5.2
EAP SAR 8 2 2.6
10
MENA Total 309 50 100.0
0
24
The Bank Biodiversity and Indigenous Peoples Portfolios
the diversity of indigenous populations and Overal WB Projects with IP GEF WB Projects with IP
cultures around the world. The World Bank
is indeed the largest financier of biodiversity
projects in the world. The global distribution
of the Bank biodiversity portfolio is repre-
sented in Map 2. Brazil, Mexico, India, China, with the diversity of indigenous cultures and
several South and East African countries, as ethnic groups, we observe that there is a high
well as Pacific Island countries have received a diversity of ethnic cultures in the countries
large share of the funding. On the other hand, where significant WB biodiversity and indig-
if we look at a similar map (Map 3) where only enous funding has previously been allocated
the projects with indigenous components are (i.e., Brazil, India, Mexico). However, there
mapped, we see clearly that the African and are some countries in West and Central Africa
Pacific Island countries have received a lot that have a high diversity of ethnic groups, yet
less funding from the biodiversity share of almost no funding has gone to support in-
resources. digenous groups. This result requires further
If we look at the diversity of ethnic lan- thought and evaluation and leads to the dis-
guages in the world (Map 4), which is correlated cussion in the next section.
25
The Role of Indigenous Peoples in Biodiversity Conservation
26
The Bank Biodiversity and Indigenous Peoples Portfolios
Number of languages
0 – 29
30 – 99
100 – 199
200 – 822
No Data
27
Lessons Learned from
Biodiversity Projects
T
he portfolio review reveals that several biodiversity projects have ef-
fectively incorporated indigenous community participation, and
these projects vary in how they engaged Indigenous Peoples in their
design and implementation. Therefore, in lieu of providing a full description
of all the different types of projects implemented with Indigenous People,
this section of the report instead presents a general overview and analysis of
the types of activities that projects have supported. Some of the best examples
of effective participation are discussed in detail.
The analysis presented in this section is based on data from 15 projects
that have completed their implementation or that have had a very thorough
preparation phase integrating Indigenous Peoples’ views (e.g., Venezuela
Canaima project, Gabon). The projects reviewed cover a geographic range
from Central and South America to Africa and Asia. Five of the World Bank
projects reviewed exemplify current best practices in terms of engaging IP
priorities within the overall project design and results framework. The five
projects listed below are good examples of projects that were initiated by
indigenous groups and support IP objectives:
29
The Role of Indigenous Peoples in Biodiversity Conservation
30
Lessons Learned from Biodiversity Projects
being managed by the indigenous organization protected areas, the State experienced
Capitania del Alto y Bajo Isozu (CABI) as the initial difficulties in interacting with the
co-management agency in partnership with indigenous population that necessitated
the protected-area agency, Servicio Nacional de the construction of a social space based
Areas Protegidas. The GEF provides 70 percent on mutual trust between the State and In-
of the annual recurrent costs for park manage- digenous Peoples. Conservation proposals
ment as well as additional financial support to were integrated with cultural aspects of
the management council and capacity-building Indigenous Peoples, forming the basis for
programs. Also, the indigenous territory adja- an intercultural dialogue to build co-man-
cent to the Park has benefited from additional agement processes for the categorization
external financing due to a US$3.7-million of protected areas, the introduction of
allocation for the implementation of an Indig- control instruments, and biological moni-
enous Peoples Development Plan as part of the toring, among others.
mitigation package for a WBG-loan-financed
gas pipeline that crosses Isozu-Guarani terri- Social Participation Strategy: The proj-
tory. The US$3.7-million investment for the ect designed, tested, and implemented the
IPDP, for which CABI is the implementing tools for a conservation strategy based on
agency, covers issues of land tenure resolution the active participation of local inhabit-
and community-based social and economic de- ants through: (i) the establishment of
velopment projects such as irrigation projects, National Protected Area (NPA) Manage-
educational facilities, and the construction and ment Committees; (ii) the organization of
furbishing of one hospital. communities for the design, prioritization,
and execution of productive subprojects;
(iii) the establishment of surveillance
Peru Indigenous Management of Protected committees; and (iv) participation in the
Areas Project biological and social Monitoring and Eval-
uation System. As shown in beneficiaries’
The Peru Indigenous Management of Pro- surveys, this approach promoted project
tected Areas Project also constructed a ownership and contributed to the success
co-management model. This form of par- of the activities and their sustainability.
ticipatory protected-area conservation was a
new experience for the main implementers of Community-based Subprojects (Bio-
this project: the park agency (National Insti- investment Projects): ”Bio-investment
tute of Natural Resources, INRENA) and the projects,” a concept developed in this proj-
government of Peru. This project helped to ect, combine the sustainable use of natural
change the prevailing conservation paradigm resources in the NPA’s buffer zones with
of establishing national parks and sanctuaries the community’s livelihood. This concept
that prohibit human occupation and uses. The has proved to be an excellent instrument
following lessons enriched INRENA’s capac- for providing local communities with
ity to collaborate with Indigenous Peoples in viable economic alternatives allowing
protected areas and resulted from combining the sustainable use of natural resources.
traditional knowledge of Indigenous Peoples Traditionally, the implementing agency
with modern conservation techniques: considered economic or productive activ-
ities around protected areas as secondary
Social Approaches to a Participatory or the responsibility of other government
Conservation Model: While establish- agencies. In this case, carrying out these
ing the co-management mechanisms for subprojects in buffer zones has proved
31
The Role of Indigenous Peoples in Biodiversity Conservation
32
Lessons Learned from Biodiversity Projects
nal reserves through administration which constitute about 103 million hectares,
contracts; (ii) productive subprojects to or 20.6 percent of the Legal Amazon. Legal-
promote sustainable use of natural re- ization of indigenous lands requires that they
sources are managed by the communities; be formally identified, delimited, demarcated,
and (iii) community organizations par- decreed, and registered. When the Brazil Indig-
ticipate in the monitoring and evaluation enous Lands Project was prepared in 1994–95,
of social and environmental factors. These only 50 percent of 556 Indigenous lands recog-
activities were implemented under the nized by Brazil’s National Indian Foundation
framework of participatory master plans had been legalized. In 1996, the Indigenous
for the protected areas, the establishment Lands Project began to enhance the well-be-
of communal reserves, and the bylaws for ing of Indigenous Peoples and promote the
management that have been officially rec- conservation of their natural resources by
ognized by INRENA. completing the legalization and assisting in the
protection of approximately 121 Indigenous
Categorization of the Reserved Zones: areas in the Brazilian Amazon. It has also spon-
Under Peruvian legislation, indigenous sored targeted studies, capacity building, and
territories are not legally recognized. community-driven protection activities. This
However, the aspiration of the indigenous US$22-million project was financed by the
communities living inside the protected Rain Forest Trust Fund, the German govern-
areas was to receive a legal recognition ment, and Brazilian counterpart funds.
for their ancestral lands. This controversy By now, more than 65 Indigenous territo-
could not be resolved by INRENA, which ries have been demarcated, covering 45 million
lacks decision-making authority on this hectares (equivalent to more than 10 percent
issue. Nevertheless, the project was able of the Amazon forest or an area larger than
to categorize the four protected areas that Germany, the Netherlands, and Switzerland
were zonas reservadas at the beginning of combined). This project has been an innova-
the project. The implemented model of tive and pioneering effort not only to regularize
Communal Reserves provided an alter- indigenous lands in the Brazilian Amazon
native acceptable to both sides. However, but also to improve technical quality and in-
Peruvian society has yet to resolve the crease indigenous participation and control in
above-mentioned controversy with the the processes of regularizing, protecting, and
participation of the appropriate State managing their lands. Satellite maps clearly
institutions in a suitable negotiation sce- show that the area of the Amazon covered by
nario. indigenous lands represents one of the largest
remaining reserves of essentially intact tropical
forest. After many years of conflict and unre-
Titling and Demarcation of solved land tenure, the Indigenous Peoples of
Indigenous Lands. the upper and middle Rio Negro in Brazil are
finally having their lands legally recognized.
Many within and outside the Bank consider the The 106,000-square-kilometer area is home to
Brazil Indigenous Lands Project a best-practice 19 ethnic groups. Especially satisfying to every-
example of a project that strategically fulfills one concerned is that the project supports an
the needs of large populations of Indigenous alternative way of demarcating the land. The re-
Peoples in Brazil, particularly in the Amazon gional indigenous organization and a national
region. Since the beginning of the twentieth NGO (the Socio-Environmental Institute) are
century, Brazilian law has accorded legal rec- actively involved in the process, as are all the
ognition to Indigenous Peoples’ land rights, indigenous communities who live there.
33
The Role of Indigenous Peoples in Biodiversity Conservation
34
Lessons Learned from Biodiversity Projects
conservation and management is the Regional areas: Community Conservation Areas (CCA)
Integrated Ecosystem Management Project by and Areas of Cultural Use (ACU). In the CCAs,
Indigenous Communities in Central America. communities commit themselves to preserving
This project has a strong focus on biodiversity biodiversity and make an agreement with all
conservation, institutional strengthening, and surrounding communities that these areas are
cultural preservation. The project was original- not to be degraded or utilized except for con-
ly designed to work in 10 biodiversity priority servation and limited tourism. In the ACUs,
areas that were selected following strict selec- the extraction and utilization of biodiversity
tion criteria to ensure that biodiversity impacts is done according to ancestral customs. These
are significant. The criteria used include: areas can preserve sacred sites and areas tradi-
tionally used by their ancestors. At the design
• diversity of ecoregions stage, the project set aside 135,000 hectares for
• presence of indigenous groups targeted flora and fauna conservation and wa-
• land titles preferably assigned to indig- ter resource protection through the CCAs and
enous communities 45,000 hectares for improved agro-ecological
• presence of indigenous organizations productivity through the ACUs. In February
• located within the Mesoamerican corri- 2008, progress to meet these targets was mea-
dor sured during the project’s mid-term review
• under threat of environmental degrada- and is presented in Table 4.
tion The results of the mid-term review also
• located close to protected areas showed that 193 indigenous and rural com-
• presence of flora and fauna in threat of munities participated in the conservation and
extinction agro-ecological productivity systems. Commu-
• water source nity organizations were strengthened; farmers
• significant landscape value received technical assistance in agro-ecologi-
• supports indigenous livelihood (agricul- cal systems management without the use of
tural productivity). agro-chemicals; and training in biodiversity
conservation and ecotourism was provided.
Under the project, indigenous communi- In the Mataven project in Colombia, 16 in-
ties are setting aside two types of conservation digenous communities lead the land planning
35
The Role of Indigenous Peoples in Biodiversity Conservation
36
Lessons Learned from Biodiversity Projects
supported the gathering of comprehensive productivity of their crops and established mi-
baseline data on flora, fauna, soils and geology, croprojects with species of short-cycle crops.
hydrology, socioeconomic situation, and in- The resulting surplus from the production
digenous traditional knowledge. Participatory (particularly from the short-cycle crops) al-
conservation community mapping identified lowed the community to have a seed bank for
4,026 hectares of coastal marine protected ar- future crops and to trade or exchange for corn,
eas within the buffer zone that the indigenous peanuts, or other managed vegetable species
communities claimed as ancestral lands. The (at small scales). The project allowed indig-
Sarstoon Temash Marine Management Area enous farmers to plant 40 hectares of organic
was established in May 2005 through arrange- cacao in the buffer zone.
ments with the Belize Fisheries Department.
It encompasses 4,026 square kilometers of
coastal waters adjacent to the national park Belize Community Managed Sarstoon-Temash
and is managed by SATIIM in conjunction Conservation Project
with coastal communities. A Co-management
Agreement was signed with the government. Also facilitating sustainable resource use by
Five Village Resource Centers have been estab- communities, the COMSTEC project has af-
lished, and 38 kilometers of trails, 15 bridges, fected three sectors:
and four visitation areas have been constructed
for eco-ethno-tourism. • Indigenous subsistence systems where
One of the foremost success stories of this the use of non-timber forest products in
project is that the empowerment of the indig- the protected area is now legally permit-
enous communities to own and manage their ted and monitored
lands bolstered their ability to fight an oil ex- • Indigenous agro-forestry sector where or-
traction claim within their territory. SATIIM ganic cacao production and sales through
brought this case to the Supreme Court in May the Toledo Cacao Growers Association
2006, challenging the legality of the permission has been expanded and is being marketed
granted to the oil company by the Forestry De- in Europe through a fair trade agreement
partment. This action resulted in an injunction • Eco- and ethno-tourism sector, which
on oil exploration in the Park until a judicial has been strengthened through invest-
review was complete. On September 27, 2006, ments in infrastructure, training, and
the judicial review found that the permis- marketing, thus expanding visitation to
sion granting the oil company entry into the the Sarstoon-Temash National Park and
National Park was illegal because no Environ- buffer zone communities.
mental Impact Assessment (EIA) was prepared.
The permission was then revoked and an EIA Additionally, 100 Maya and Garifuna
was required. students and 95 farmers were trained; 135 in-
digenous villagers regularly participate in park
management activities.
Community Sustainable Livelihood
In the Ecuador project, participating commu- The Lao PDR District Upland Development
nity families consider that they have improved and Conservation Project exemplifies how
their local economy. The project increased community livelihood initiatives can be well
37
The Role of Indigenous Peoples in Biodiversity Conservation
38
Lessons Learned from Biodiversity Projects
39
The Role of Indigenous Peoples in Biodiversity Conservation
gress. With project support, volunteer patrols Peoples Development Plan in accordance
were created in some territories, and action with the OP 4.20.
plans were written for areas where indigenous 2. Provide Indigenous Peoples with ID cards
territories overlap with protected areas. Also, and establish through that equity in the le-
protected-areas management was better inte- gal domain for the Babongo, Bakoya, Baka,
grated with comarca management through the Barimba, Bagama, Bakouyi, and Akoa.
opening of regional offices of the national pro- 3. Recognize the settlements of Indigenous
tected-areas management agency in the Kuna Peoples as villages equal to all other settle-
Yala and Ngobe-Bugle comarcas. The project ments.
also supported a more visible and active role 4. Establish community forests for In-
for indigenous authorities at the national level digenous Peoples with at least 1 square
by financing the preparation of a proposal for kilometer per capita.
the establishment of the National Council for 5. Recognize and protect the land use areas
Indigenous Development. The Council would of Indigenous Peoples—especially within
provide the mechanism for Indigenous Peoples national parks and protected areas—and
to be directly involved in defining their own de- legalize access and utilization (subsistence
velopment strategy and to be included in the as well as income-generating).
national government’s social agenda. 6. Elaborate a national policy on how to ad-
dress illegal immigrants.
Establish equal organizational opportunities what has failed in the past and the perceived
13. Facilitate the participation of Indigenous differences between Indigenous Peoples and
Peoples in all forest-related decision-mak- conservationists.
ing processes. A detailed review of project documents at
14. Assist Indigenous Peoples to create in- completion concluded that the following are the
dependent structures to represent and most common challenges faced by projects:
communicate their interests and needs.
15. Invite Indigenous Peoples to participate in • Indigenous communities’ traditional lands
all relevant structures of the PSFE. overlap with many protected areas, and
16. Establish a participatory monitoring and those communities were never adequately
evaluation system for the IPDP of the consulted about the establishment of the
PSFE. protected area. An example in Cameroon
below illustrates this situation.
Establish equal cultural opportunities • Establishment of protected areas places
17. Sensitize Indigenous Peoples on the risks strict controls on indigenous community
of the development process. access to forest and natural resources.
18. Support the Indigenous Peoples associa- Projects restrict the Indigenous Peoples’
tions in the area of capacity building to traditional use of forest resources with-
protect their traditional knowledge, their out providing adequate compensation
culture, and their livelihoods. and viable alternatives. Restrictions im-
19. Promote the establishment of discussion posed on their customary resource use
fora in which Indigenous Peoples and their were unjust, as IP consider their tradi-
neighbors can discuss relevant issues. tional livelihood activities sustainable.
• The country legislation to protect In-
The main actors of the IPDP are digenous Peoples’ rights is weak and the
MEFEPEPN, CNPN/ANPN, national and in- Bank is not able to change the framework
ternational NGOs working on Indigenous that is in place to have adequate recogni-
Peoples issues in Gabon, the associations of the tion of indigenous rights. An example in
Indigenous People, and the Babongo, Bakoya, Guyana is presented below.
Baka, Barimba, Bagama, Bakouyi, and Akoa • The main implementers chosen for a proj-
themselves. The 19 activities of the IPDP of the ect are not the most adequate to promote
PSFE, with a financial volume of US$ 455,000 effective indigenous participation. Some
(< 0.4 percent of the overall PSFE budget for government officials who are in charge of
more that 5 percent of the rural population), project design and implementation lack
are able to guarantee that the PSFE is executed sufficient skills and experiences in car-
in accordance with the OD 4.20. rying out adequate consultation process
with IPs.
• The views of government-led protected
Why some projects failed areas continues to prevail in many coun-
tries, and some government officials
Over the past 15 years the Bank has support- still have a perception that involving
ed some projects that had difficulties during Indigenous Peoples will threaten the bio-
the design or implementation stage. In order diversity conservation aspects.
to effectively manage projects that address • Projects have difficulty working har-
Indigenous Peoples participation and biodi- moniously in conflicts arising between
versity conservation and to harmonize their indigenous groups and non-native colo-
objectives, it is important to understand both nists and outsiders who claim land and
natural resources access rights.
41
The Role of Indigenous Peoples in Biodiversity Conservation
• When issues of land tenure are not ad- of protected areas within their ancestral terri-
equately addressed, much distrust exists tories and the enforcement of new rules that
between indigenous groups and other ac- affect and restrict their livelihoods. This type of
tors and the projects struggle taking off. project should not happen with Bank financ-
• There is a cultural disconnect between ing, but unfortunately it has happened and is
the Bank staff and indigenous commu- illustrated by the Cameroon Biodiversity Con-
nities regarding the meaning of “effective servation and Management (BCM) project.
participation and project timing.” This project was initiated with funding
• Many Bank managers and staff consider from the GEF (48 percent), with contribu-
that working with Indigenous Peoples is tions from the governments of Cameroon, the
risky, so many projects avoid working al- Netherlands, Germany, France, the UK, and
together in areas inhabited by Indigenous the European Union. The BCM project aimed
Peoples. to consolidate and upgrade the management
of protected areas in Cameroon, and this in-
cluded the identification of core conservation
Weak Indigenous Legislation in the Country:
zones and external boundaries of the six Pri-
Guyana National Protected Areas System
ority Project Sites. Campo Ma’an was one of
(GNPAS) Project
the Priority Sites. In 1999, Campo Ma’an Re-
serve became a national park, and in 2000 the
Since 1994 the government of Guyana has
government of Cameroon demarcated the area
been seeking international support to establish
as part of an environmental offset to miti-
a system of protected areas. It was in this con-
gate the impacts from the Chad-Cameroon
text that the Guyana National Protected Areas
oil-pipeline project (partly funded by Interna-
System (GNPAS) project was initially con-
tional Finance Corporation, WB). Indigenous
ceived as a component of a World Bank/IDB
Bagyeli lands used for traditional hunting and
Natural Resources Management Project. Guy-
gathering were affected since they overlapped
ana’s National Strategy for the Establishment
with the new national park. The Chad-Camer-
a Protected Areas System was being conceived
oon oil pipeline project went to the inspection
within a country that had no national legis-
panel of the WB. Bagyéli people claimed that
lation to protect Indigenous Peoples’ rights.
they were never adequately consulted about
These concerns were raised by Indigenous
the establishment of this park, the pipeline
Peoples. To address those concerns, the Bank
project, or the new management plan. As a re-
conditioned its approval of GNPAS on the pas-
sult of these complaints, a more detailed IPDP
sage of an Ameridian Law that would protect
was prepared to protect the indigenous com-
the Indigenous Peoples of Guyana. After sev-
munities. The new program promoted the
eral years of negotiating the language of this
participation of local population and stake-
law, the Bank decided to pull out of the GNPAS
holders in biodiversity conservation at all
because the Ameridian Law had not reached a
sites and supported the creation of numerous
level of satisfaction compared to other stan-
community-based organizations and NGOs; it
dards in the region.
also created sustainable management plans for
protected areas, which included production of
Limiting Access to Traditional Uses: Cameroon non-timber forest products (e.g., beekeeping,
Biodiversity Conservation and Management Prunus bark, and giant snails).
Project There are other examples of WB projects
that have had negative impacts on Indigenous
One of the most delicate and frustrating issues Peoples. For a detailed review, see Forest Peo-
for Indigenous Peoples is the establishment ples Programme 2007.
42
Synthesis and Recommendations
T
he previous chapter identified key factors for successful interventions
in the Bank biodiversity portfolio. To name a few, it is important in
designing projects to:
On the other hand, the main reasons interventions are more successful
in some parts of the world than in others can be summarized in a few issues
that are recurrent:
43
The Role of Indigenous Peoples in Biodiversity Conservation
• Working with IPs perceived as “risky,” resources. A recent World Bank review of indig-
especially in complex conditions (e.g., enous lands titling in Latin America brings an
post-conflict countries) objective understanding of this complex issue
(Roldan 2004). The paper recognizes the com-
plexity of land rights and titling systems, which
Land Rights and Conservation must be immediately confronted by policy mak-
Success ers or they will continue to be ignored in the
public debate. Accordingly, policy coherence and
Over the past two decades, many govern- legislation will ultimately benefit Indigenous
ments have ratified constitutional provisions Peoples and the rural poor who live from the
recognizing the rights of Indigenous Peoples. land. The report also demonstrates that land is
Territorial rights are a central claim for IPs, and not only a physical asset with economic and fi-
many governments have assigned large terri- nancial value but also an intrinsic dimension of
tories to them. These territories often contain peoples’ lives and belief systems.
high biodiversity richness, and through GEF
biodiversity focal area projects the WBG pro-
vides assistance in biodiversity management PROTECTED AREAS AND INDIGENOUS
in countries such as Brazil, Mexico, Colombia, PEOPLES
and Bolivia. In other countries, indigenous
lands legislation is not always clearly defined, Indigenous peoples have raised many concerns
creating less enabling environments for carry- about the establishment of protected areas in
ing out development or conservation projects. their ancestral territories. These concerns are
Frequently, governments have established pro- mainly land-related, likely resulting from deci-
tected areas overlapping with territories claimed sion makers’ lack of recognition of Indigenous
by Indigenous Peoples (although the national Peoples’ history with the land. That being said,
legislation might not be there to support these the results of this study indicate that the In-
claims), causing conflicts between protected- digenous Peoples’ situation continues to evolve
area managers and indigenous groups. through time despite shortcomings. In Latin
The results of our review of WB projects sug- America, particularly, serious efforts have been
gest that where indigenous legislation framework made to remedy IP concerns regarding the legal
is stronger, conflicts between Indigenous Peoples status of their land. Bolivia, Brazil, Colombia,
and protected-area projects are less severe. For Mexico, Peru, and Ecuador have all developed
example, Brazil and Colombia have some of the different models of assigning land rights. Also,
strongest indigenous rights legislation, and the in some areas of Southeast Asia and Nepal,
collaboration between protected-areas specialists, many efforts undertaken by officials have been
biodiversity specialists, and Indigenous Peoples successful at attenuating anxieties that may
is clearer and less conflictive. The exceptions to arise during the creation of protected areas.
this usually occur when, although the legislation As discussed in Chapter 3, Indigenous
exists, it is not enforced. Peoples’ participation in biodiversity conser-
Because territorial rights are a central claim vation efforts empowers them and reduces the
for Indigenous Peoples throughout the world, it incidence of conflict. Indigenous participation
is critical to understand the processes and frame- can be defined as the direct role they play in
work that are found in different countries. These applying their traditional knowledge to fur-
rights form the basis for their abilities to survive ther conservation goals; the contribution they
as peoples, uphold their spirituality and culture, make by sharing their knowledge to outsiders,
maintain and develop their organizations and particularly for scientific purposes; or their ac-
productive systems, and conserve their natural tive role in the management and operations
44
Synthesis and Recommendations
of protected areas. Projects in Latin America get for co-management with Indigenous
have provided outstanding examples of the Peoples (Bolivia and Colombia) or they are
latter, and in those cases where participation managed by protected-areas officials with
has been weak, efforts have been made to make minimal conflict (Brazil). Many projects
sure that those people are better represented that experienced conflicts did so because
through the establishment of new committees. indigenous lands claims were not initially
Conversely, the most failures with respect to addressed (Peru, Guyana, Cameroon).
Indigenous Peoples’ active management and 3. Cooperatively map community assets:
operational participation are observed in Af- More projects have been requesting that
rica, particularly Campo Ma’an (Cameroon), mapping activities be supported. These
where denial of the local peoples occurred. mapping activities include training,
As we see in the case of Africa, where the equipment, and participatory workshops
worst cases have occurred, emphasis should with all community members so that their
be put on local decision makers to promote a hunting places, sacred sites, agricultural
better future. Although we have cited only a plots, etc. are mapped. These exercises
very few cases from Africa, they are represen- represent a very important empowering
tative of a common pattern, as Africa is one of tool for Indigenous Peoples and facilitate
the areas where Indigenous Peoples have been future claims of their ancestral lands (Be-
more frequently evicted from protected areas lize, Colombia).
(Brockington and Igoe 2006). Most of those 4. Promote full participation: There is a need
protected areas from which evictions have to ensure that prior consultation, par-
been reported were set up before 1980 (Brock- ticipation, and consent procedures are
ington and Igoe 2006). designed to be acceptable to Indigenous
Peoples and are culturally appropriate.
One of the best practices is to establish
LESSONS LEARNED FROM BANK signed formal agreements between indig-
PORTFOLIO enous organizations and the government
authorities before the project starts (Ven-
Experience drawn from its extensive portfolio ezuela, Central America).
has enabled the World Bank to derive key les- 5. Respect organizational structure of Indig-
sons learned from interviews with Indigenous enous Peoples: It is important to maintain
Peoples, Bank task managers, NGOs, and Indigenous Peoples’ own institutional
governments. The key lessons identified for arrangements and decision-making pro-
improving indigenous participation in biodi- cesses and avoid the inclination to create
versity projects include: new institutional arrangements. Over the
long term, this approach will save time
1. Create indigenous-led conservation areas: and effort, reinforce community orga-
The cases reviewed in this study show that nization and capacity, and foster better
empowering Indigenous Peoples to man- achievement of project objectives and sus-
age biodiversity in their own territories tainability.
has resulted in a more sustained and cost- 6. Create cooperative governance: If institu-
effective way to protect biodiversity. tional arrangements beyond indigenous
2. Assign indigenous land rights: Projects that institutions are needed, unnecessary
have assigned indigenous groups their an- complexity should be avoided. Decision-
cestral lands experience much less conflict making processes through voting tends
during implementation. Protected areas to create winners and losers, which may
adjacent to these areas become either a tar- result in conflict. Instead, projects that
45
The Role of Indigenous Peoples in Biodiversity Conservation
46
Synthesis and Recommendations
given the ambiguity of the policy. In general, engage the Borrower in discussions on how
the Bank’s approach has been to work within the Bank can best assist the country in pro-
the country’s legal framework in order to meet viding culturally appropriate assistance to
the objectives of the policy. In countries where IPs within the context of the Country Assis-
no specific legal framework exists, the Bank tance Strategy and agree with the Borrower
sometimes opted to not raise the issue. In those on IP poverty monitoring indicators. The
cases, expert opinion secured by the Opera- proposed Bank Procedure should specify
tions Evaluation Department suggests a need to clear accountabilities to this end.
be more proactive in order to meet the spirit as v. Design regional and subregional strategies
well as the letter of the policy. Coherence with to implement the OP given the significant
the application of other safeguard policies (for differences in circumstances faced by Bank
example, resettlement and environment) and staff in implementing the policy.
harmonization with other multilateral agencies
have also proved to be challenges.
Based on the Phase I review, the OED rec- Indigenous Peoples’ Perspectives in
ommended that the Bank: Biodiversity Conservation
i. Clarify the intent, scope, and requirements Indigenous peoples have voiced their aspira-
of the revised OP. tions in all the forums and meetings they have
ii. Distinguish clearly between the safeguard engaged in during the past years. Table 5 pres-
(do no harm) aspects of the revised OP ents the list of recommendations drawn from a
and its do-good aspects. The OP should consultation of the many different documents
clearly delineate the extent of the Bank’s generated from these forums and meetings.
safeguard responsibilities. On the other The first column lists priority actions that
hand, many of the do-good aspects would are spelled out in many of these declarations
be better specified in the Source Book. by IPs. In the other columns we have counted
The policy relating to projects where IP the number of WB projects that have exercised
are only beneficiaries should be moved best practices with Indigenous Peoples. The
out of the safeguard section of the policy WB projects accounted for only include biodi-
and placed in the second section in the versity projects and do not include other Bank
proposed OP 4.20. projects in health, education, and other sectors.
iii. Identify indigenous and tribal groups in a In those sections of Table 5 without any cross-
manner consistent with the country’s legal es, we can see that the Bank has room to grow
framework. In countries where the legal to complete the biodiversity investments and
framework does not meet the standards fully engage Indigenous Peoples’ participation
of the policy relating to coverage of IPs, in many of their aspirations. We also observe
the Bank should ensure that IP are pro- that most projects have supported co-manage-
tected within the overall framework of its ment programs (line with more crosses) with
poverty reduction policies and establish a National Parks agencies.
project-level system to monitor disaggre- The Bank’s indigenous policy has been
gated impact on IPs. In addition, the Bank a key legal instrument in the development of
should address the issue wherever appro- the biodiversity portfolio and recognizes that
priate in its country dialogue. conservation objectives should never under-
iv. Ensure that in countries with significant IP mine inalienable indigenous rights; rather, the
populations the Country Director, in con- two should be integrated in the search for truly
sultation with the Environmentally and sustainable development. The Bank has also
Socially Sustainable Development Network, gained a vast operational experience given the
47
The Role of Indigenous Peoples in Biodiversity Conservation
Recommendations
Legal & Political Framework
Develop legislation /IP rights
Develop legislation /land access/Intellectual
property rights
Enforce legislation
Provide seats to IP leaders in state decision making
Territories and Land Use Zoning
Provide land title xxxxx
Assign access rights xxxxx
Land mapping xxxxxxxxx
Carry out land demarcation xxxx
Develop life plan/community plans xxxxxxxxxxxxx
Regulate plan through community statuses
Environment and Cultural Sites
Co-management programs xxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxx
Protect sacred sites
Protect endangered species xxx
Restoration and reforestation xxx
Controlling invasion
Managing fire
Education & Professional Training
Ensure bilingual system xxx
Develop IP university
Targeted capacity-building activities xxxxxxxxxxxxxxxxxxx
Health & Traditional Medicine
Recover traditional medicine xx
Youth transmission programs
Cultural &Spiritual Knowledge
Ethno historical recovery
Elders knowledge preservation
Youth apprenticeship program
Recovery of seed banks and plants
Social Infrastructure to achieve a minimum
standard of living
Health care facilities
Education facilities
Water supply and treatment
Community facilities (markets, assemblies, workshops…)
Transport
48
Synthesis and Recommendations
Recommendations
Public Awareness & Communications
Radio programs
Workshops xxxxxxx
Documentaries to recover TK
Exchange programs with others
Best practices
Production and Economic Alternatives
Provide food security
Payments for ecosystem services
Agro-biodiversity xxxxx
Crafts
Tourism xxxxx
Improve markets
Research new products
49
The Role of Indigenous Peoples in Biodiversity Conservation
50
Synthesis and Recommendations
With respect to Indigenous Peoples and bio- Fourth, support training programs to en-
diversity conservation, it seems that the ground hance Indigenous Peoples’ skills for accessing
is prepared for a more positive integration of funding, developing programs and projects
understanding the synergies and addressing the according to their needs, and communicating
respective challenges. The key need is to develop with the external world. This would improve
a shared, long-term vision of the issues of bio- their capacity to negotiate on any activities that
diversity conservation and Indigenous Peoples’ happen in their lands.
rights. The societal trends show an increase in
Indigenous Peoples’ rights approaches to de- Fifth, support the development of global da-
velopment, which is more likely to have many tabases that track the status of Indigenous
positive outcomes in the eradication of poverty Peoples, their rights, land claims, and biodiver-
and elimination of conflicts. This implies that sity. These databases are urgently needed and
over the long run, national legislation is increas- could serve as a tool for avoiding controversial
ingly likely to address many of the indigenous land issues and conflicts between indigenous
rights’ issues mentioned in this report. For ex- groups, conservationists and all the extractive
ample, it is likely that countries will continue to industries that seek the same remote areas.
give more land rights to poor and indigenous Indigenous Peoples should be responsible
communities, and indeed this trend can already for developing these databases with the full
be seen in the actions of many governments funding and support by non-indigenous or-
around the world. ganizations, governments, and international
There is an incredible opportunity lying funders and organizations. This should be a
ahead to work with Indigenous Peoples toward global coordinated effort.
the protection of their environments in areas
of the world very rich in biodiversity. In order Sixth, support a comprehensive program of as-
to increase this opportunity, key actions need set mapping and demarcation for Indigenous
to be taken by all national governments and in- Peoples in the areas under greatest threats as
ternational organizations and funders: a tool for empowerment and for protecting
their heritage, lands, and biodiversity. Such a
First, support processes toward the recognition program should include training and support
of the rights of Indigenous Peoples to their an- for individual on-the-ground activities and
cestral lands and natural resources. for regional and global workshops for train-
ing, exchange of ideas, and sharing of lessons
Second, ensure that any conservation or de- learned.
velopment projects or programs fully respect
the WB policy BP and OP 4.10 on Indigenous Seventh, facilitate the regular participation of
Peoples and/or the United Nations Declaration Indigenous Peoples in dialogues and negotia-
on the rights of Indigenous Peoples. tions of biodiversity, forestry, climate change
strategies and in on-going portfolio and pro-
Third, dedicate funding for supporting In- grams reviews. Research and monitoring of
digenous Peoples in biodiversity conservation their participation in biodiversity conservation
and climate change. Currently, the funding has should be regularly carried out with them.
been limited. Indigenous Peoples’ programs
have been excluded from large funding mecha- Eight, support the research and documenta-
nisms. (In the WB biodiversity portfolio, only tion of best practices of on-going indigenous
18 percent goes to IP programs.) Funding initiatives in biodiversity, climate change, car-
needs to address technical assistance needs for bon sequestration, forestry, and so on so that
building the capacity of indigenous communi- governments, funders, and international orga-
ties to receive support.
51
The Role of Indigenous Peoples in Biodiversity Conservation
nizations appreciate the value and importance population, they are not on the radar screens of
of indigenous-led conservation programs. governments or international financiers. How-
ever, these groups do represent 95 percent of
Nine, support Indigenous Peoples’ networks the global cultural diversity and are replete with
whose aim is to promote IP rights to land and traditions, cultures, and knowledge of their en-
ancestral recovery, biodiversity conservation, vironments, plants, medicine, astronomy, inner
and development. An initial project is being de- science, and land and soil management.
veloped with First Peoples World Wide to carry The models of development in the mod-
out three regional workshops to assess Indig- ern world that we are following have not used
enous Peoples’ access to biodiversity funding. the ancestral knowledge accumulated during
This initiative, while completely run by an thousands of years of interactions between
indigenous-led organization, should not pre- humankind and nature. Ignoring these past in-
clude the Bank from engaging as international novations has brought us to many of the global
financiers in other initiatives, particularly in problems that we are facing with biodiversity
Africa and Asia, where the current Bank port- extinction, climate change, and other ecologi-
folio is still weak. cal problems. In recent years, we have seen more
appreciation for ancestral knowledge. King,
Ten, support the creation of indigenous elders’ in his book Farmers of Forty Centuries (2004)
networks. Many elders have started to come presents soil and farming techniques 40 centu-
out and speak about their concerns, the ur- ries old and acknowledges their usefulness to
gency of rescuing traditional knowledge, and modern organic agriculture and soil conserva-
their visions of the solutions. The two great- tion and management. Also, the discovery of
est threats faced by Indigenous Peoples are the “Indian black soil,” an old technique used by
loss of their lands and the loss of their cultural Amazonian Indigenous Peoples to manage
and spiritual identity and ancestral knowledge. soils, has proved to be one of the most effec-
This is as serious a threat as the massive extinc- tive ways to store large quantities of carbon in
tion of species on Earth. Gatherings of elders the soil for long periods of time and is becom-
where they share their knowledge with other ing an inspiration for the development of new
ethnic groups and with westerners can be an technologies to combat climate change.
effective mechanism for ensuring that knowl- One of the most unique qualities of the
edge is not lost, especially if two conditions are World Bank is that it is a global institution and
met: indigenous youth are active participants is like a small macrocosm in itself. This puts
and the recording and archiving of information the Bank in a unique position of influence to
is supported. Support for indigenous women’s help re-establish the harmonious interaction
networks is also needed as they are in many so- between men and nature. The wisdom of In-
cieties the carriers of ancestral knowledge. digenous Peoples has not made it into the Bank
thinking but could potentially support new
Eleven, contribute to the establishment and ways of approaching problems and appropriate
operation of effective indigenous advisory processes to find more long-lasting solutions.
groups in the new global initiatives for biodi- But most of all, supporting the conservation of
versity, forest, or climate change that affect IP Indigenous Peoples and their knowledge could
livelihood and programs. help many societies in the world. On one hand,
our societies depend on modern scientists who
Finally, 5000 ethnic groups currently com- look into the technical solutions through the
prise only 4 percent of the population. Because power of the intellect. On the other hand, our
they are such a small interest group, represent- societies have not relied enough on Indigenous
ing a tiny fraction of the overall global human Peoples who look into the power of nature,
52
Synthesis and Recommendations
based on thousands of years of experience and for biodiversity conservation worldwide will
wisdom. Ideally, a marriage between modern critically depend on the active and effective
science and indigenous wisdom would make engagement of Indigenous Peoples. Without
a greater contribution to help our planet and their full engagement, major conservation
maintain a balance. In many ways, Indigenous initiatives under way today—both public and
Peoples are also viewed as scientists in their private—will be compromised, and all citizens
own right. The richness that they contribute of the world will lose as a result. Indigenous
is an invaluable asset for building peaceful, peoples are the forgotten partners in biodiver-
harmonious, wise, and balanced societies. The sity conservation, and this report makes the
Bank and other international financiers need case for their immediate incorporation into all
to take a more proactive role in ensuring that forms of development interventions that have
the needs these groups have identified are sup- to do with their land, resources and environ-
ported through programs and projects. ment. This is an issue not only of rights but
In conclusion, the principal finding of also of development effectiveness and social
this report is that creating a sustainable future equity in all their tenor and scope.
53
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58
Annexes
59
Annex 1
United Nations Declaration on the
Rights of Indigenous Peoples
Adopted by General Assembly Resolution 61/295 on 13 September 2007
Guided by the purposes and principles of the Charter of the United Nations,
and good faith in the fulfilment of the obligations assumed by States in ac-
cordance with the Charter,
Affirming that indigenous peoples are equal to all other peoples, while recog-
nizing the right of all peoples to be different, to consider themselves different,
and to be respected as such,
Affirming also that all peoples contribute to the diversity and richness of
civilizations and cultures, which constitute the common heritage of human-
kind,
Affirming further that all doctrines, policies and practices based on or advo-
cating superiority of peoples or individuals on the basis of national origin or
racial, religious, ethnic or cultural differences are racist, scientifically false,
legally invalid, morally condemnable and socially unjust,
61
The Role of Indigenous Peoples in Biodiversity Conservation
Concerned that indigenous peoples have suf- Recognizing in particular the right of indig-
fered from historic injustices as a result of, enous families and communities to retain
inter alia, their colonization and dispossession shared responsibility for the upbringing, train-
of their lands, territories and resources, thus ing, education and well-being of their children,
preventing them from exercising, in particular, consistent with the rights of the child,
their right to development in accordance with
their own needs and interests, Considering that the rights affirmed in trea-
ties, agreements and other constructive
Recognizing the urgent need to respect and arrangements between States and indigenous
promote the inherent rights of indigenous peoples are, in some situations, matters of in-
peoples which derive from their political, eco- ternational concern, interest, responsibility
nomic and social structures and from their and character,
cultures, spiritual traditions, histories and phi-
losophies, especially their rights to their lands, Considering also that treaties, agreements and
territories and resources, other constructive arrangements, and the re-
lationship they represent, are the basis for a
Recognizing also the urgent need to respect strengthened partnership between indigenous
and promote the rights of indigenous peoples peoples and States,
affirmed in treaties, agreements and other con-
structive arrangements with States, Acknowledging that the Charter of the Unit-
ed Nations, the International Covenant on
Welcoming the fact that indigenous peoples are Economic, Social and Cultural Rights (2)
organizing themselves for political, economic, and the International Covenant on Civil and
social and cultural enhancement and in order Political Rights,2 as well as the Vienna Decla-
to bring to an end all forms of discrimination ration and Programme of Action,(3) affirm
and oppression wherever they occur, the fundamental importance of the right to
self-determination of all peoples, by virtue
Convinced that control by indigenous peoples of which they freely determine their political
over developments affecting them and their status and freely pursue their economic, social
lands, territories and resources will enable and cultural development,
them to maintain and strengthen their institu-
tions, cultures and traditions, and to promote Bearing in mind that nothing in this Decla-
their development in accordance with their as- ration may be used to deny any peoples their
pirations and needs, right to self-determination, exercised in con-
formity with international law,
Recognizing that respect for indigenous
knowledge, cultures and traditional practices Convinced that the recognition of the rights of
contributes to sustainable and equitable de- indigenous peoples in this Declaration will en-
velopment and proper management of the hance harmonious and cooperative relations
environment, between the State and indigenous peoples,
based on principles of justice, democracy, re-
Emphasizing the contribution of the de- spect for human rights, non-discrimination
militarization of the lands and territories of and good faith,
indigenous peoples to peace, economic and
social progress and development, understand- Encouraging States to comply with and effec-
ing and friendly relations among nations and tively implement all their obligations as they
peoples of the world, apply to indigenous peoples under interna-
62
Annex 1. United Nations Declaration on the Rights of Indigenous Peoples, September 2007
63
The Role of Indigenous Peoples in Biodiversity Conservation
Article 10 Article 13
Indigenous peoples shall not be forcibly re- 1. Indigenous peoples have the right to revi-
moved from their lands or territories. No talize, use, develop and transmit to future
relocation shall take place without the free, generations their histories, languages, oral
prior and informed consent of the indigenous traditions, philosophies, writing systems
peoples concerned and after agreement on just and literatures, and to designate and re-
and fair compensation and, where possible, tain their own names for communities,
with the option of return. places and persons.
2. States shall take effective measures to en-
sure that this right is protected and also
64
Annex 1. United Nations Declaration on the Rights of Indigenous Peoples, September 2007
Article 16 Article 19
1. Indigenous peoples have the right to es- States shall consult and cooperate in good
tablish their own media in their own faith with the indigenous peoples concerned
languages and to have access to all forms through their own representative institu-
65
The Role of Indigenous Peoples in Biodiversity Conservation
66
Annex 1. United Nations Declaration on the Rights of Indigenous Peoples, September 2007
67
The Role of Indigenous Peoples in Biodiversity Conservation
such cultural heritage, traditional knowl- traditions, procedures, practices and, in the
edge, and traditional cultural expressions. cases where they exist, juridical systems or cus-
2. In conjunction with indigenous peoples, toms, in accordance with international human
States shall take effective measures to rec- rights standards.
ognize and protect the exercise of these
rights.
Article 35
Indigenous peoples have the right to determine
Article 32 the responsibilities of individuals to their com-
1. Indigenous peoples have the right to deter- munities.
mine and develop priorities and strategies
for the development or use of their lands
or territories and other resources. Article 36
2. States shall consult and cooperate in good 1. Indigenous peoples, in particular those
faith with the indigenous peoples con- divided by international borders, have the
cerned through their own representative right to maintain and develop contacts,
institutions in order to obtain their free relations and cooperation, including ac-
and informed consent prior to the ap- tivities for spiritual, cultural, political,
proval of any project affecting their lands economic and social purposes, with their
or territories and other resources, particu- own members as well as other peoples
larly in connection with the development, across borders.
utilization or exploitation of mineral, wa- 2. States, in consultation and cooperation
ter or other resources. with indigenous peoples, shall take ef-
3. States shall provide effective mechanisms fective measures to facilitate the exercise
for just and fair redress for any such ac- and ensure the implementation of this
tivities, and appropriate measures shall be right.
taken to mitigate adverse environmental,
economic, social, cultural or spiritual im-
pact. Article 37
1. Indigenous peoples have the right to the
recognition, observance and enforcement
Article 33 of treaties, agreements and other construc-
1. Indigenous peoples have the right to de- tive arrangements concluded with States
termine their own identity or membership or their successors and to have States hon-
in accordance with their customs and tra- our and respect such treaties, agreements
ditions. This does not impair the right of and other constructive arrangements.
indigenous individuals to obtain citizen- 2. Nothing in this Declaration may be inter-
ship of the States in which they live. preted as diminishing or eliminating the
2. Indigenous peoples have the right to de- rights of indigenous peoples contained in
termine the structures and to select the treaties, agreements and other construc-
membership of their institutions in accor- tive arrangements.
dance with their own procedures.
Article 38
Article 34 States in consultation and cooperation with
Indigenous peoples have the right to promote, indigenous peoples, shall take the appropri-
develop and maintain their institutional struc- ate measures, including legislative measures, to
tures and their distinctive customs, spirituality, achieve the ends of this Declaration.
68
Annex 1. United Nations Declaration on the Rights of Indigenous Peoples, September 2007
Article 39 Article 44
Indigenous peoples have the right to have ac- All the rights and freedoms recognized herein
cess to financial and technical assistance from are equally guaranteed to male and female in-
States and through international cooperation, digenous individuals.
for the enjoyment of the rights contained in
this Declaration.
Article 45
Nothing in this Declaration may be construed
Article 40 as diminishing or extinguishing the rights in-
Indigenous peoples have the right to access digenous peoples have now or may acquire in
to and prompt decision through just and fair the future.
procedures for the resolution of conflicts and
disputes with States or other parties, as well
as to effective remedies for all infringements Article 46
of their individual and collective rights. Such 1. Nothing in this Declaration may be inter-
a decision shall give due consideration to the preted as implying for any State, people,
customs, traditions, rules and legal systems of group or person any right to engage in any
the indigenous peoples concerned and inter- activity or to perform any act contrary to
national human rights. the Charter of the United Nations or con-
strued as authorizing or encouraging any
action which would dismember or impair,
Article 41 totally or in part, the territorial integrity
The organs and specialized agencies of the or political unity of sovereign and inde-
United Nations system and other intergovern- pendent States.
mental organizations shall contribute to the 2. In the exercise of the rights enunciated in
full realization of the provisions of this Decla- the present Declaration, human rights and
ration through the mobilization, inter alia, of fundamental freedoms of all shall be re-
financial cooperation and technical assistance. spected. The exercise of the rights set forth
Ways and means of ensuring participation of i