Framework Convention on Climate Change [1998],”225 among other instruments applicable to Suriname in the matter. 177. In this regard, for example, Article 8(j) of the Convention on Biological Diversity indicates that each State shall “respect, preserve and maintain […] practices of indigenous and local communities embodying traditional lifestyles relevant for the conservation and sustainable use of biological diversity and promote their wider application with the approval and involvement of the holders of such knowledge, […] and practices and encourage the equitable sharing of the benefits arising from the utilization of such knowledge, innovations and practices.” Article 10(c) of the same Convention indicates that the State shall “[p]rotect and encourage customary use of biological resources in accordance with traditional cultural practices that are compatible with conservation or sustainable use requirements.” 178. Thus, the Conference of the Parties to the Convention on Biological Diversity, the governing body of the Convention, has established “the obligations of Parties towards indigenous and local communities in accordance with Article 8(j) and related provisions [for] the establishment, management and monitoring of protected areas [that] should take place with the full and effective participation of, and full respect for the rights of, indigenous and local communities consistent with national law and applicable international obligations.” 226 179. Meanwhile, Principle 22 of the Rio Declaration on Environment and Development establishes that: “[i]ndigenous people and their communities […] have a vital role in environmental management and development because of their knowledge and traditional practices. States should recognize and duly support their identity, culture and interests and enable their effective participation in the achievement of sustainable development.”227 180. Furthermore, Article 29 of the United Nations Declaration on the Rights of Indigenous Peoples stipulates that these peoples “have the right to the conservation and protection of the environment and the productive capacity of their lands or territories and resources. States shall establish and implement assistance programmes for indigenous peoples for such conservation and protection, without discrimination.” Article 25 of the Declaration underscores “the right to maintain and strengthen their distinctive spiritual relationship with their traditionally-owned or otherwise occupied and used lands […] and other resources and to uphold their responsibilities to future generations in this regard.” And Article 18 establishes “the right to participate in decisionmaking in matters which would affect their rights, through representatives […].”228 181. Based on the above, the Court reiterates that, in principle, the protection of natural areas and the right of the indigenous and tribal peoples to the protection of the natural resources in their territories are compatible, and it emphasizes that, owing to their interrelationship with 225 The United Nations Framework Convention on Climate Change was adopted on May 9, 1992, at the United Nations headquarters in New York, and entered into force on March 21, 1993. Its purpose was to consider the options for limiting the average increase in global warming and, therefore, climate change, as well as to confront the adverse effects when these were inevitable. Suriname ratified the Convention on October 14, 1997. Available at: https://unfccc.int/resource/docs/convkp/conveng.pdf. 226 Decisions adopted by the Conference of the Parties to the Convention on Biological Diversity at its seventh meeting, Decision VII/28, Protected Areas (Articles 8 (a) to (e), para. 22. Available at: https://www.cbd.int/decision/cop/default.shtml?id=7765. 227 Rio Declaration on Environment and Development, supra, Principle 22. 228 This Declaration was widely accepted since it was adopted at the respective Conference with the signature of 144 States, including Suriname. Since its adoption, Australia, Nueva Zealand, Canada and the United States of America have changed their original decision and have adhered to the Declaration. Colombia and Samoa also changed their original position and have indicated their support. See also Article 23 of the Declaration. 48

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