Indigenous Environmental Rights in the CBD: Opportunities and Limitations
Bibliographic record
Abstract
This contribution argues that the international biodiversity regime, established by the Convention on Biological Diversity (CBD) and its protocols, offers further opportunities to reinforce and operationalize the rights of indigenous peoples both as a complement and in addition to the international human rights’ realm. It first describes the CBD regime on benefit-sharing with indigenous and local communities, consent-like rights granted to these groups under the CBD and its protocols, and the recognition of indigenous and community conserved areas (ICCAs) within the CBD. It then relates these provisions to well-recognized collective rights of indigenous peoples, such as the right to self-determination, the right to land and natural resources, free prior and informed consent (FPIC), and cultural rights. It further explains both how provisions in the CBD may reinforce and operationalize established indigenous rights, with reference also to recent decisions of international human rights bodies and courts, and how CBD-recognized environmental rights may expand on the content of indigenous rights as protected under human rights law. An example of that is the role of community protocols and mutually agreed terms (MATs) in the CBD and in the Nagoya Protocol as a way to operationalize indigenous cultural and consent rights. The contribution finally discusses the limitations of the CBD framework, in particular with reference to the concrete implementation of this regime, and potential new impulses given by the newly adopted Kunming-Montreal Global Biodiversity Framework.
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How this classification was reachedexpand
Full frame machine prediction
Teacher imitationNot calibrated prevalence, not ground truth. Human validation pending. The Gemma side is a direct model label for every work in the frame, read from the title-only record. The Codex side is a classifier learned from the 10,348 direct Codex labels and calibrated to design-weighted sample rates; fields without enough sample support carry no Codex call. Candidate is the union of the two sides; consensus is their intersection. These outputs are machine_predicted_unvalidated and are not human labels.
Distilled classifier scores by category (both heads)
| Category | Codex | Gemma |
|---|---|---|
| Metaresearch | 0.068 | 0.053 |
| Meta-epidemiology (narrow) | 0.001 | 0.001 |
| Meta-epidemiology (broad) | 0.001 | 0.001 |
| Bibliometrics | 0.003 | 0.004 |
| Science and technology studies | 0.008 | 0.052 |
| Scholarly communication | 0.024 | 0.028 |
| Open science | 0.007 | 0.020 |
| Research integrity | 0.010 | 0.016 |
| Insufficient payload (model declined to judge) | 0.009 | 0.001 |
Machine scores (provisional)
The two teacher heads of the student model, read on this work. A score orders the frame for review; it never asserts a category, and the validation status ships verbatim with every row.
Baseline scores from an immature model (maturity gate not passed, 7 training rounds). Scores rank; they never assert a category.
score_only:v0-immature-baseline · verbatim from the scoring run: score_only means the number may rank works, and no category label ships from itClassification
machine, unvalidatedMachine predicted; a candidate call from one source (direct Gemma or distilled Codex), not a consensus.
How this classification was reached, model by model and score by score, is at the end of the page under "How this classification was reached".