Indigenous Rights and Conservation: FRA, CBD and OECMs
Why in the news
Experts argue that conservation works better when Indigenous Peoples and Local Communities (IPLCs) hold secure rights, and that India’s laws offer tools for this.
The problem
- Policies often treat IPLCs as encroachers instead of custodians.
- The fortress conservation model has colonial roots and rests on state-controlled protected areas.
- Displacement: 10-20 million people globally; at least 6 lakh in India.
IPLCs as custodians
- Groups such as the Masai, Ogiek, Batwa, Ashaninka and India’s Adivasis have long managed biodiverse land.
- IPLC-managed lands often beat state-run protected areas on conservation results.
- Legally recognised tenure and traditional governance improve outcomes.
Global and Indian frameworks
| Instrument | Point to note |
|---|---|
| CBD | Signed by 196 countries including India |
| KMGBF (2022) | 23 global targets, including ’30 by 30′ |
| CBD COP-16 | Permanent IPLC subsidiary body, a first for a UN convention |
| Biological Diversity Act 2002 | Aligned with CBD but top-down and bureaucratic |
| Wildlife Protection Act 1972, Project Tiger 1973 | Exclusionary protected-area model |
| Forest Rights Act 2006 | Decentralised; gram sabhas manage community forest resources |
| PESA 1996; Articles 244 and 244A | Support tribal autonomy |
FRA as an inclusion tool
- Recognises 13 categories of rights, including access to biodiversity and traditional knowledge, and the right to conserve and manage community forest resources.
- Acknowledges historical injustice and seeks to reverse displacement.
Concerns
- The updated NBSAP (23 targets for 2030) supports bottom-up governance but still depends heavily on State forest departments.
- Biodiversity Management Committees under the BDA are not yet fully functional.
OECMs and way forward
- Other Effective Area-Based Conservation Measures can bring IPLCs in beyond protected areas.
- India plans OECM guidelines: no duplication of protected areas, community-led governance, sustained ecosystem and cultural values.
- Risk: OECMs could enable resource exploitation unless FRA rights are secured.
- Ministry of Tribal Affairs, on the draft Biodiversity Rules 2024, urged integration with FRA gram sabhas and consent plus rights settlement before declaring heritage sites.
Exam angle
- Law with 13 rights categories: Forest Rights Act 2006.
- Abbreviations: IPLC, OECM, KMGBF, NBSAP.
- FRA’s potential coverage: 4 crore hectares.