Nature Conservation in Traditional Lands: Reconciling Environmental Concerns with the Rights of Indigenous Peoples

Resumen

This article analyses the apparent conflict between environmental protection and the interests of indigenous peoples generated by the pillars of the fortress approach to nature conservation areas. This approach has historically forced the displacement of indigenous peoples from their lands, therefore violating their rights, especially the rights to property and development. This article demonstrates that the African Court of Human Rights and the Inter-American human rights mechanisms have already asserted the compatibility between the concerns with environmental protection materialized in the creation of conservation areas and the rights of indigenous peoples since they carry out a respectful and sustainable relationship with the land and with natural resources. This rationale has permeated international policy regarding environmental protection, provoking a shift to a conservation approach concerned with the rights of indigenous peoples.