A/HRC/6/15 page 17 49. In more recent cases, the joint management model has been applied to new types of protected areas. Such is the case for the designated indigenous conservation areas in Bolivia, where indigenous people retain the control and administration of the protected areas on the basis of full recognition of their land rights, thus yoking together the objectives of conservation, development and land control. In 1990, the Isiboro Sécure National Park, which was originally set up as a protected area in 1965, was given dual status as national park and indigenous territory following representations by the indigenous peoples. In Neuquén, Argentina, the National Parks Administration (APN) and the Neuquén Mapuche Confederation agreed on the establishment of a management system that involves indigenous communities in decision-making relating to issues such as livestock breeding, tourism and the harvesting of forest products in protected areas. This system was also used for other new protected areas, which are now administered by a national advisory board for native peoples composed of representatives of indigenous communities that live within or around these areas. 50. A similar experience is that of the Cordillera del Condor (Condor range) in Ecuador, where plans for the creation of a national park, which was promoted by environmental organizations, met with opposition from local indigenous communities and raised concerns about existing environmental legislation. Following negotiations between the communities and the Ministry of the Environment, there is now a plan for the creation of a “Shuar protected area”. 51. The Toro people of Indonesia, who traditionally inhabited the area in Sulawesi now known as the Lore Lindu National Park, implemented a special plan between 1993 and 2000 which included the documentation of the customary law of the communities concerned and the participative mapping of their territories. This plan served as a basis for the negotiation of a formal agreement with the authorities in charge of the Lore Lindu National Park, which led to the recognition of the Toro indigenous territory alongside the system of national parks. The benefits of this project include the prevention of illegal logging, which used to be widespread in the Park, and the strengthening of the system of traditional authorities (desa) and the customary system of national resource use and protection (adapt). 52. The Squiala First Nation in British Columbia has informed the Special Rapporteur that, following the conclusion of the Squiala First Nation Individual Agreement with the Department of Indian Affairs, it has obtained control over its traditional lands. On the basis of this agreement, the communities have developed their own land code, which provides the legal framework for identifying lands that should be protected for conservation or spiritual purposes, as well as those areas required for economic development. The benefits derived from such development, which are retained by the community itself, are administered in accordance with specific guidelines on governance and financial accountability. 53. The previous examples show how, acting by themselves and on their own initiative, indigenous peoples determine their own development, which is recognized by the State through formal agreements that facilitate cooperation in the sustainable management of their traditional territories. A crucial factor in the success of such human rights-based experiences is capacity-building for the indigenous communities concerned, which facilitates their administrative participation, and institutional reform at the local level. The various strategies used to gain territorial control in these cases have enabled the indigenous peoples and communities to enjoy a greater degree of self-determination.

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