B. Tensions between cultural rights and nature conservation

70. One area where sustainable development commonly threatens cultural rights is nature conservation, in particular the creation and management of protected areas. Protected areas are seen as essential tools in achieving many of the targets of the Sustainable Development Goals concerning conservation, biodiversity loss and forest management. They are largely viewed as public goods and sustainable solutions to the biodiversity crisis, as well as key climate change mitigators. However, according to a report of the Special Rapporteur of the Human Rights Council on the rights of indigenous peoples, they have often been created in the territories of indigenous peoples or other land-dependent communities without any consultation, compensation or consent (A/71/229). This has had deleterious effects on the cultural rights of these groups, who are removed from their lands and often violently prevented from returning.

71. This mode of nature conservation – commonly called “fortress conservation” – necessarily entails significant religious and cultural loss for land-dependent communities, whose cultural and spiritual identities are often inextricably intertwined with their lands, territories and resources. 90 Indigenous resistance to the establishment of protected areas is often rooted in the desire to safeguard both their land s and their cultural identity, two aspects that are essential to their survival as peoples.

72. Protected areas are key sources of tourism revenue, one of the target areas associated with Sustainable Development Goal 8 on promoting sustainable economic growth, employment and decent work for all. For many countries, protected areas are a vital part of the economy. As an example, 237 million people visited national parks in the United States in 2020, with a resulting contribution of $28.6 billion to the domestic economy.

73. Examples of violations of cultural rights and the right to development through conservation efforts are numerous. Conservation efforts by the Government of Kenya in the Mau Forest required the eviction of members of the Ogiek community, who successfully challenged the State before the African Court on Human and Peoples’ Rights. Among other findings, the Court affirmed that the eviction violated the Ogiek community’s right to economic, social and cultural development. In the Republic of Tanzania, tens of thousands of indigenous Maasai are reportedly at risk of eviction in the Ngorongoro Conservation Area, a UNESCO World Heritage site.

74. In the case of protected areas, donors routinely emphasize the important economic and social development projects instituted in nearby villages and the purported benefits that flow to displaced communities. These benefits may take the form of improved infrastructure, the building of schools, microcredit programmes and small-scale agricultural initiatives, among others. There is a lack of recognition that these same communities are entitled to their right to cultural development, which can only be realized through their access to their lands, territories and resources.

VII. Conclusions and recommendations

96. There is a need to adopt a human-rights-based approach that includes cultural rights throughout the implementation and monitoring of Goals. The indivisibility, universality and interdependence of all human rights ensure coherence and provide clear red lines to guarantee sustainability and prevent harm; the realization of one human right cannot be isolated from its impacts on other rights, either in planning, implementation or impact assessment and evaluation.

97. In many cases, “development” policies and strategies reflecting dominant cultural viewpoints or those of the most powerful sectors of society, with historic ties to colonialism and domination, are designed and implemented to the detriment of the most vulnerable in a manner that impedes the future sustainable development and survival of these persons and communities and probably, in the longer term, of humanity. The need to accept and consider frameworks that sit outside mainstream approaches has become urgent. Cultural diversity is as key to our future as biodiversity is; they are interrelated.

98. People and peoples must be the primary beneficiaries of sustainable development processes. The Special Rapporteur recommends, in particular, that States, international organizations and other stakeholders ensure that sustainable development processes: (a) Are culturally sensitive and appropriate, contextualised to specific cultural environments and seek to fully align themselves with the aspirations, customs, traditions, systems and world views of the individuals and groups most likely to be affected; (b) Fully respect and integrate the participation rights and the right of affected people and communities to free, prior and informed consent; (c) Are self-determined and community led; (d) Are preceded by human rights impact assessments to avoid any negative impacts on human rights, including impact assessments on cultural rights; any impact assessment failing to address living heritage or the cultural significance of affected natural resources, or conducted without the free, prior and informed consent, consultation and active participation of the persons and communities affected directly or indirectly, should be rejected as insufficient and incomplete; (e) Recognize that indigenous peoples must give their free, prior and informed consent before any project that affects them is implemented.