nature and their ways of life, the indigenous and tribal peoples can make an important contribution to such conservation. Thus, the criteria229 of a) effective participation,230 b) access and use of their traditional territories,231 and c) the possibility of receiving benefits from conservation232 — all of the foregoing provided that they are compatible with protection and sustainable use (supra para. 177) – are essential elements to achieve this compatibility which should be evaluated by the State. Consequently, the State must have adequate mechanisms to implement these criteria as a means of guaranteeing the right to a dignified life and to cultural identity to the indigenous and tribal peoples in relation to the protection of the natural resources that are in their traditional territories. Thus, the Court will verify the existence of all these elements in the following section. B.3.2.2 The alleged impact in the Galibi and Wane Kreek Nature Reserves 182. The Court takes note that the dispute subsists in relation to the following alleged impacts in the nature reserves: (1) the prohibition by State authorities to access the Galibi Nature Reserve; (2) the prohibition to hunt and fish in the nature reserves derived from the 1954 Nature Protection Act (supra para. 73); (3) the prohibition to access the area of the mining concession in the Wane Kreek Nature Reserve, and (4) the refusal to allow the indigenous peoples to monitor and manage the nature reserves. The Court will rule in this regard in the next three sections. 229 Articles 8.j) and 10 of the Convention on Biological Diversity, supra. 230 For example, by participating in decisions that affect them or their natural resources. To this end, it is necessary to: (i) recognize the right of the indigenous peoples to use their own institutions and representatives to manage, administer and protect their traditional territories; (ii) ensure a decision-making system in which the indigenous peoples participate fully and effectively; (iii) seek agreements between the respective communities and the conservation agencies that establish the management, the commitments, the responsibilities, and the purposes of the area, and (iv) guarantee access to information regarding any measures taken in relation to these areas. Cf. articles 8 and 10 of the Convention on Biological Diversity, supra; Decisions adopted by the Conference of the Parties to the Convention on Biological Diversity at its seventh meeting, decision VII/28, supra, para. 22; Rio Declaration on Environment and Development, supra, Principle 10, and article 4 of the Aarhus Convention on Access to Information, Public Participation in Decision-making and Access to Justice in Environmental Matters, an international treaty that regulates the rights to public participation in environmental matters. Available at: http://www.unece.org/fileadmin/DAM/env/pp/documents/cep43e.pdf. Cf. Case of Claude Reyes et al. v. Chile. Merits, Reparations and Costs. Judgment of September 19, 2006. Series C. No. 151, paras. 79 and 84. 231 For example, so that they may use and enjoy the natural resources in their traditional territories that they require in order to ensure their survival by means of their traditional activities, accede to their traditional health system and other socio-cultural functions, and preserve their way of life, customs and language, as well as to accede to, maintain and protect their religious and cultural sites. In addition, the traditional practices of the indigenous peoples that contribute to the sustainable care and protection of the environment should be maintained, protected and promoted. Thus, it is pertinent to support the indigenous peoples’ knowledge, institutions, practices, strategies and management plans related to conservation. Cf. Article 12 of the United Nations Declaration on the Rights of Indigenous Peoples, supra, and Decisions adopted by the Conference of the Parties to the Convention on Biological Diversity at its twelfth meeting, Decision XII/12, paras. 8 and 9. 232 Cf. Article 8.j) of the Convention on Biological Diversity; UN, Nagoya Protocol on Access to Genetic Resources and the Fair and Equitable Sharing of Benefits Arising from their Utilization to the Convention on Biological Diversity, of October 29, 2010. Articles 5 to 16 and 21, an international treaty based on and supporting the application of the CBD; in particular, one of its three objective, the fair and equitable sharing of the benefits arising from the use of genetic resources. Available at: https://www.cbd.int/abs/doc/protocol/nagoya-protocol-en.pdf; Article 12 of the American Declaration on the Rights and Duties of Man. Available at: https://www.cidh.oas.org/Basicos/English/Basic2.American%20Declaration.htm. 49

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