New forthcoming publication: Conservation and human rights: an introduction.

Helen Newing

24th October 2024

5 minutes read

We are very pleased to announce the launch of our major new publication on conservation and human rights at CBD COP16.  

The publication, which has been produced through a collaboration between conservationists in the Department of Biology and human rights experts from Forest Peoples Programme, provides comprehensive guidance for conservationists on human rights requirements for the first time. It also sets out several practical tools for implementing human rights-based conservation.

                                             Sengwer Indigenous territory, Embobut Forest, Cherangany Hills, Kenya. Justin Kenrick.

Conservation and human rights have had an uneasy relationship ever since the emergence of the modern ‘western’ concept of conservation in the late nineteenth century. The core strategy of conservation globally has been the creation of uninhabited areas that are protected against any form of human exploitation (an approach known as ‘fortress conservation’). Fortress conservation has often involved forced, violent evictions of whole communities, and has had devastating impacts on the lives, cultures and wellbeing of indigenous peoples and local communities, often in violation of their rights. Since the 1970s, conservationists have made repeated commitments to respect rights, but despite this, forced exclusion continues to be commonplace and violent evictions still occur regularly. Not only is this morally wrong and in violation of human rights, but it is also counterproductive.  We now know that many traditional systems of environmental stewardship are sustainable, and that good conservation outcomes are correlated with greater local autonomy and control (Dawson et al, 2024).

However, at the UN CBD COP15 in 2022, nearly 200 countries made a renewed and strengthened commitment to follow a human rights-based approach in conservation. The commitment was made as part of the Kunming-Montreal Global Biodiversity Framework, which sets out 23 targets and four overarching goals for what needs to be done over the next 30 years to address the global biodiversity crisis. The strong language on rights-based conservation in the Framework provides an opportunity to transform the way that conservation is done and build on common interests between conservationists and the many indigenous peoples and local communities who are struggling to defend their lands, resources and cultures from destruction. To do this, there needs to be a move away from top-down approaches and externally generated priorities, towards greater support for those who live in biodiverse, vulnerable places to conserve their own nature, based on full respect for their rights (Milner-Gulland, 2024).

Several changes will need to take place for this shift to happen, including institutional, political and normative changes in the conservation sector. However, one underlying requirement is a much better understanding amongst conservationists of international human rights law, how it applies to conservation, and what a human rights-based approach means in practice. To help meet this requirement, our new publication introduces the major international human rights instruments and frameworks, summarises how they are overseen and implemented, and discusses how they apply to conservation. It then sets out the most relevant human rights of three groups of people who are particularly affected by conservation: indigenous peoples and local communities, women, and environmental human rights defenders.

Lastly, the guidance presents several practical tools and approaches to help conservationists apply a human rights-based approach. Tools for respecting and protecting rights include social safeguard and due diligence procedures, human rights impact assessments, free, prior and informed consent processes, grievance mechanisms, and processes for remedy and redress. However, following a rights-based approach means more than this. It also means actively supporting rights-holders to assert and exercise their rights and working to ensure that governments and others meet their human rights obligations.

Rights-based approaches cannot be reduced to a set of steps or methodologies alone; instead, they involve a shift away from approaches in which individuals, communities and peoples are treated as the passive objects of external interventions to one in which they are recognised as “key actors in their own development” (UNDG, 2003). The details of how this is done in practice vary from case to case, but in all cases, it involves building on common interests and negotiating where there are differences in interests, with full respect for individual and collective rights as an underlying bottom line. Our guidance presents three tools that have proven useful in identifying and building on common interests: the Whakatane Mechanism, which is a conflict resolution methodology adopted by the IUCN, participatory mapping, and participatory biodiversity monitoring. The guidance ends by exploring what a rights-based approach means for two common types of conservation project that often affect Indigenous peoples and local communities. These are livelihoods projects and projects related to human wildlife conflict.

The need for conservation to be rights-based is now firmly embedded at the heart of international policy. Now it needs to become embedded in practice throughout the conservation sector. For this to happen, human rights will need to become a standard part of formal conservation training programmes. More immediately, each of us who works in conservation needs to take responsibility to ensure that our own work follows a rights-based approach.

A summary is available now, and the full publication will be available at http://iccs.org.uk/wp-content/uploads/2024/10/Conservation-and-Human- Rights-an-introduction.pdf from 29^th October 2024.

References:

Dawson, N.M., Coolsaet, B., Bhardwaj, A., Booker, F., Brown, D., Lliso, B., Loos, J., Martin, A., Malena, O., Pascual, U., Sherpa, p., Worsdell, T. 2024. Is it just conservation? A typology of Indigenous peoples’ and local communities’ roles in conserving biodiversity. One Earth. https://doi.org/10.1016/j.oneear.2024.05.001

Milner-Gulland, E.J.2024. Now is the time for conservationists to stand up for social justice. PLoS Biol 22(6): e3002657. https://doi.org/10.1371/journal.pbio.3002657.

UNDG.2003. The Human Rights-Based Approach to Development Cooperation: Towards a Common Understanding Among UN Agencies. Available at: https://unsdg.un.org/resources/human-rights-based-approach-development-cooperation-towards-common-understanding-among-un Accessed 31/05/2024.