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.