Normas de derechos humanos para la conservación

The paper examines the legal obligations of conservation actors regarding the rights of indigenous peoples, tribal peoples, and local communities. It argues that while states are the primary duty-bearers, international organizations, corporations, and NGOs also have responsibilities to respect human rights based on international customary law and 'social licenses'. The text specifically links these obligations to the implementation of Aichi Target 11 for biodiversity.

• Conservation initiatives, particularly the creation of protected areas (PAs) and other effective area-based conservation measures (OECMs) under Aichi Target 11, frequently violate the human rights of local inhabitants through forced evictions and exclusion from decision-making.
• States are the primary duty-bearers under international human rights law and must not only refrain from infringing rights themselves but also ensure that third parties within their jurisdiction do not violate the rights of indigenous and local communities.
• International organizations are recognized as subjects of international law and are obligated to comply with customary international human rights law, meaning they must not support conservation activities that violate these rights.
• While the legal status of corporations as subjects of international law is debated, the 'Protect, Respect and Remedy' framework establishes a global standard of conduct where companies must respect human rights based on the 'social license' they hold to operate.
• NGOs, despite lacking a formal international legal status, are subject to high social expectations and should be held to human rights standards similar to those of corporations, including the requirement to avoid contributing to the dispossession of indigenous lands.
• There is a growing international consensus that the rights of indigenous peoples—including self-determination, land ownership, and free, prior and informed consent (FPIC)—are established through international instruments and customary law, regardless of whether specific treaties have been ratified by a state.
• The definition of 'local communities' remains ambiguous in international law compared to 'indigenous peoples', but recent efforts by the Convention on Biological Diversity (CBD) emphasize self-identification and symbiotic relationships with natural cycles as key characteristics.

APA

Makagon, J. E., Jonas, H., & Roe, D. (2014). Normas de derechos humanos para la conservación. Natural Justice. https://naturaljustice.org/wp-content/uploads/2014/08/Normas-de-derechos.pdf

Chicago

Makagon, Jael E., Harry Jonas, and Dilys Roe. Normas de derechos humanos para la conservación. Natural Justice, 2014. https://naturaljustice.org/wp-content/uploads/2014/08/Normas-de-derechos.pdf.

Wikipedia

{{cite report |last1=Makagon |first1=Jael E. |last2=Jonas |first2=Harry |last3=Roe |first3=Dilys |title=Normas de derechos humanos para la conservación |publisher=Natural Justice |date=August 2014 |url=https://naturaljustice.org/wp-content/uploads/2014/08/Normas-de-derechos.pdf |access-date=23 October 2026 |via=Climate Insights Directory}}

BibTeX

@techreport{makagon2014normas, author = {Makagon, Jael E. and Jonas, Harry and Roe, Dilys}, title = {{Normas de derechos humanos para la conservación}}, institution = {Natural Justice}, year = {2014}, month = aug, url = {https://naturaljustice.org/wp-content/uploads/2014/08/Normas-de-derechos.pdf}, urldate = {2026-10-23}, note = {Indexed by Climate Insights Directory} }