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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