From ‘ILCs’ to ‘IPLCs’: A Victory for Indigenous Peoples’ Rights Advocacy Under the Convention on Biological Diversity?

Abstract

Indigenous and local communities (ILCs) are special right-holders under the Convention on Biological Diversity (CBD). Since 2010, the CBD parties have been called upon to adopt the terminology ‘Indigenous Peoples and local communities’ (IPLCs) to better reflect the international human rights development, especially with respect to Indigenous Peoples. The CBD parties agreed to this terminological change in 2014. The very recent CBD decisions and voluntary guidelines have reflected this commitment. This analysis suggests that the inclusion of the term ‘Indigenous Peoples’ in the CBD framework may seem like a victory for Indigenous Peoples’ rights advocacy, but it really is not because important human rights implications have been blocked via complicated restrictions on treaty interpretation. Instead, it indicates a growing divergence in the understanding of the rights of IPLCs in international law.