A/HRC/34/28
2.
Convention on Biological Diversity
96.
The Convention on Biological Diversity imposes obligations on contracting parties
to develop national biodiversity strategies and plans of action, to integrate the conservation
and sustainable use of biological diversity into relevant sectoral and cross-sectoral plans,
programmes and policies, and also into national decision-making, which implies integrating
the conservation of biodiversity into the field of human rights.
97.
The Convention and the two protocols thereto – the Cartagena Protocol on Biosafety
and the Nagoya Protocol on Access to Genetic Resources and the Fair and Equitable
Sharing of Benefits Arising from their Utilization – together with guiding principles,
guidelines, work programmes and tools adopted by the parties contain important
obligations and commitments to raising awareness and promoting civil society participation
to protecting the rights of indigenous peoples and local communities, and to promoting
gender equality, poverty eradication and development, including food security and
sustainable agriculture, biodiversity financing mechanisms and protected areas.
98.
The Strategic Plan for Biodiversity 2011-2020 affirms that biological diversity
underpins ecosystem functioning and the provision of ecosystem services essential for
human well-being.
99.
Numerous measures have been taken to ensure the full and effective participation of
indigenous peoples and local communities, in particular of women, such as the
establishment of a voluntary fund for participation in meetings, and enhanced participation
mechanisms. Parties are required to take measures to ensure that traditional knowledge
associated with genetic resources held by indigenous peoples and local communities, and
the genetic resources over which they have established rights, are only accessible with the
prior informed consent of indigenous and local communities, and that benefits arising from
their use are shared in a fair and equitable way with them. Specific voluntary guidelines
have been developed for the conduct of cultural, environmental and social impact
assessments of development proposed on, or which are likely to have an impact on, sacred
sites and lands and waters traditionally occupied or used by indigenous and local
communities.
100. Another example concerns the importance attached by the Convention and
subsequent instruments to the full participation of women at all levels of policymaking and
implementation, and in gender mainstreaming.
101. The Voluntary Guidelines on Safeguards in Biodiversity Financing Mechanisms
point to the need to address the potential impact of biodiversity financing mechanisms on
different elements of biodiversity, and their potential effect on the rights and livelihoods of
local and indigenous communities. Other guidelines on biodiversity financing and
safeguards proposed at the Conference of the Parties to the Convention emphasize the
emerging role of safeguards in biodiversity financing mechanisms in supporting equitable
biodiversity and ecosystem governance, including the participation of local populations and
the recognition of their rights.
102. One of the most challenging subjects in the implementation of the Convention
concerns the relationship between people and protected areas. Some standards have the
specific aim of preventing conflicts and providing for the equitable distribution of costs and
benefits by emphasizing diverse governance types of protected areas, and participatory
decision-making and management processes that incorporate and respond to the interests of
a broad range of stakeholders, particularly indigenous peoples and local communities.
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