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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