A/HRC/6/15
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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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