Human Rights Standards for Conservation

The document examines the challenges Indigenous Peoples and local communities face when seeking redress for human rights violations linked to conservation, such as the eviction of the Endorois in Kenya. It categorizes redress mechanisms into state-based (national courts, NHRIs) and non-state-based (UN systems, regional human rights courts, financial institution accountability mechanisms, and corporate mechanisms). While state-based systems can issue binding decisions, they are often inaccessible due to discrimination and lack of recognition of collective rights. Non-state judicial mechanisms often have high procedural hurdles, such as the exhaustion of domestic remedies, while non-judicial mechanisms frequently lack enforcement power. The author suggests exploring a 'Roundtable for Ethical Conservation' as a specialized mechanism to ensure compliance with human rights standards.

• Indigenous Peoples and local communities face significant barriers when using state-based redress mechanisms, including systemic discrimination, a weak rule of law, and the failure of national systems to recognize collective land ownership rights.
• The case of the Endorois people in Kenya illustrates that even when a regional body like the African Commission on Human and Peoples' Rights rules in favor of a community, national enforcement remains a critical challenge.
• Non-state judicial mechanisms often impose strict procedural requirements, most notably the 'exhaustion of domestic remedies,' which requires claimants to attempt all national legal avenues before seeking international redress.
• The United Nations human rights system offers various paths for redress, including Charter-based mechanisms like Special Procedures—which do not require the exhaustion of domestic remedies—and Treaty-based committees, whose decisions are not legally binding but carry a good-faith obligation for implementation.
• International Financial Institutions (IFIs), such as the World Bank, utilize Independent Accountability Mechanisms (IAMs) to handle complaints; however, these are limited because their findings are recommendations to a Board of Directors that may choose not to implement them.
• Regional human rights systems vary in effectiveness: the European Court of Human Rights can hold states accountable for failing to protect citizens from private party violations via 'horizontal effect,' while the Inter-American Court faces high rates of non-compliance, with states failing to comply with judgments 50 per cent of the time between 2001 and 2006.
• Alternative 'bottom-up' and customary mechanisms, such as the IUCN-led Whakatane Mechanism and traditional indigenous dispute resolution systems, are recognized as viable and potentially more accessible methods for providing redress.
• The author proposes the creation of a 'Roundtable for Ethical Conservation,' modeled after industry roundtables for soy and palm oil, to act as a clearinghouse for human rights compliance and a dedicated redress mechanism.

APA

Makagon, J. E. (2014). Human Rights Standards for Conservation. Natural Justice. https://naturaljustice.org/wp-content/uploads/2017/03/Human-Rights-Standards-Conservation-p3.pdf

Chicago

Makagon, Jael E. Human Rights Standards for Conservation. Natural Justice, 2014. https://naturaljustice.org/wp-content/uploads/2017/03/Human-Rights-Standards-Conservation-p3.pdf.

Wikipedia

{{cite report |last1=Makagon |first1=Jael E. |title=Human Rights Standards for Conservation |publisher=Natural Justice |date=November 2014 |url=https://naturaljustice.org/wp-content/uploads/2017/03/Human-Rights-Standards-Conservation-p3.pdf |access-date=23 October 2026 |via=Climate Insights Directory}}

BibTeX

@techreport{makagon2014human, author = {Makagon, Jael E.}, title = {{Human Rights Standards for Conservation}}, institution = {Natural Justice}, year = {2014}, month = nov, url = {https://naturaljustice.org/wp-content/uploads/2017/03/Human-Rights-Standards-Conservation-p3.pdf}, urldate = {2026-10-23}, note = {Indexed by Climate Insights Directory} }