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Reform Policies and Laws to Effectively Protect and Promote TraditionalKnowledge, Cultural Heritage and Customary PracticesThe research shows that states should work with Indigenous peoples and local communitiesto develop culturally appropriate legal regimes that protect their collective rights overtraditional knowledge and cultural heritage, taking into account the specific knowledge andheritage of women. This may include supporting the appropriate documentation, valuationand revitalization of traditional knowledge, languages and customary practices.States should also enact the principle of subsidiarity by decentralizing rights over territoriesand resources to the Indigenous peoples and local communities concerned. Towards thisend, states should consider an overall law or policy on community stewardship of naturalresources that recognizes traditional authorities and customary laws and practices andpromotes integrated ecosystem approaches to governance and management.Ensure Protected Areas Comply with International Rights, Principles andStandardsStates should undertake a full review of national protected area systems with Indigenouspeoples and local communities, NGOs, and research institutions, including of de facto and dejure governance and management arrangements, to identify ways to ensure compliancewith international human rights instruments and related principles and standards forprotected areas. They should also undertake a rigorous evaluation of the impacts ofprotected areas on Indigenous peoples and local communities, especially when overlappingwith or subsuming their territories, and utilize customary or community-based approachesfor preventing and resolving conflicts.States should recognize and respect ICCAs as “effective area-based conservation measures”(as per the CBD’s Aichi Target 11) in their own right without requiring them to fulfillexternally defined requirements or be part of national protected area systems.Inappropriate recognition of ICCAs, including by viewing and valuing them only in terms oftheir contributions to conservation, may pose as many dangers as the imposition of stateprotected areas. Towards this end, states should take responsibility to enact rights-basedapproaches to protected areas, building on international instruments such as UNDRIP,internationally adopted standards and principles such as those emanating from the CBD’sWorking Group on 8(j) and Related Provisions and the Programme of Work on ProtectedAreas, and resolutions and recommendations of the IUCN World Conservation Congressesand World Parks Congresses.Just ConservationAustralia’s terrestrial protected area estate (the National Reserve System) totals about 106million hectares (about 14% of the nation’s total land area), of which about 26.5 millionhectares are contributed by IPAs. This large and growing protected area network representsboth a challenge and an opportunity for Indigenous peoples’ livelihoods and connections toCountry. For many Indigenous peoples, protected areas have alienated them from theirtraditional estates as part of the wider colonial system that led to dispossession andcatastrophic cultural changes. For an increasing number, however, protected areas presentan opportunity to strengthen culture and identity through employment and governancepartnerships that are valued by the Indigenous community and wider Australian society
alike. Protected areas as a focus for reconciliation rather than dispossession is a relativelyrecent phenomenon and an ongoing journey. Of particular interest is the convergence ofnational parks (and other government protected areas) and IPAs, which began as veryseparate protected area concepts and which are now showing signs of merging as acontemporary expression of Country.The first IPA to be based on Indigenous Country was dedicated by Mandingalbay Yidinjipeople over their traditional estate near Cairns in northeast Queensland in December 2011.The Mandingalbay Yidinji IPA includes all or part of the following government-declaredconservation areas: national park, forest reserve, environmental reserve, terrestrial andmarine world heritage areas, marine park, fish habitat area, and local government reserve.The IPA management plan provides the framework for the recognition of MandingalbayYidinji cultural rights, interests and values across all the tenures within the IPA. Dedication ofthe IPA has been recognized by each of the government agencies with legal responsibility forthe management of the separate tenures within the IPA and collaboration occurs through animplementation committee chaired by a representative of Mandingalbay Yidinji people.Trinity Inlet, Mandingalbay Yidinji Indigenous Protected Area, Queensland. © The Cairns Postc. Specific Recommendations for Appropriately Respecting andSupporting ICCAsRespect the Rights of Indigenous Peoples and Local Communities to Self-DeterminationAbove all else, legal frameworks that seek to recognize and support ICCAs should firstrespect Indigenous peoples’ and local communities’ rights to determine their own identities,visions, plans, and priorities. This includes respecting peoples and communities who do notwant legal or other forms of recognition for their ICCAs and ensuring culturally appropriateprotection of sensitive or confidential information. In all cases, legal recognition must bedone with the full and effective participation and free, prior and informed consent of theIndigenous peoples and local communities concerned.
Page 2 and 3: “First Nations have always practi
Page 4 and 5: CONTENTSEXECUTIVE SUMMARY1. THREATS
Page 6 and 7: Main RecommendationsTo recognize an
Page 9 and 10: 1. THREATS TO ICCAsThere are three
Page 11 and 12: constituted areas such as conservan
Page 13 and 14: 2.2 Non-legal Recognition and Suppo
Page 15: 3. LAWS AND STATE INSTITUTIONS CONT
Page 18 and 19: Despite this, however, national and
Page 20 and 21: hinders communities’ abilities to
Page 22 and 23: illegal.In Senegal, the marine real
Page 24 and 25: In Namibia, support to conservancie
Page 26 and 27: 5. KEY RECOMMENDATIONS: RECOGNIZE A
Page 28 and 29: Human Rights and Constitutional Ref
Page 30 and 31: . Recommendations for Legislating f
Page 34 and 35: Create an Enabling Environment for
Page 36 and 37: autonomy and self-determination wit
Page 38: This publication describes and anal

English - Natural Justice

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