E-Sak Ka Ou Declaration underscores Indigenous rights as a conservation solution (commentary)

It was a sunny day in Koh Lanta, an island known for tourism in Krabi Province, Thailand. Surrounding us were calming shades of blue and green, a white sandy beach with endless coconut trees and a salty breeze that ruffled the crystal-clear waters. But for the first time, I was here not as a tourist but to visit what turned out to be E-Sak Ka Ou.

I was here to attend the Regional Conference on Indigenous People’s Rights, Biodiversity and Climate Change, convened by the Asia Indigenous Peoples’ Pact (AIPP) last November, a few weeks before COP28.

E-Sak Ka Ou means the ‘gill of the manta ray.’ It is also the name given to the land on the southernmost tip of Lanta Island by the ancestors of the Urak Lawoi when they first settled there. Urak Lawoi – meaning “people of the sea” – is one of the three sea-based Indigenous groups, besides the Moklen and Moken, in the Andaman Sea.

The Urak Lawoi are finding it increasingly difficult to maintain their nomadic sea life and traditional ways of living. This is due to the impacts of a national marine park, competition with commercial trawler fisheries, and the expansion of tourism to the smaller islands.

Pointing at a long-tailed, wooden boat that was lying unused, a local community person said that this traditional vehicle can no longer be used since fisher folks now have to go further outside the marine park to fish, and the sea is more hazardous for small boats.

Indigenous practices and traditions of living in harmony with nature have been pushed aside for so-called nature conservation and economic development.

Indigenous peoples’ rights and environmental changes

The story of E-Sak Ka Ou and the Urak Lawoi, however, is not unique. Indigenous peoples across Asia and other parts of the world have long been protectors of the earth through their traditions, livelihoods, and values. Their knowledge, practices and technologies are major contributions to biodiversity conservation and environmental protection.

Yet, Indigenous communities are pushed aside or left behind by development, conservation, and environmental interventions. They are not included in policy- and decision-making processes. As climate impacts intensify, they demand their rights be respected, protected, and fulfilled to better face the challenges of climate change, biodiversity degradation, and pollution.

During the four days of the conference, I learned about Indigenous communities’ experiences of climate change and biodiversity loss, their values and struggles, successes in maintaining traditional cultures and their tireless policy advocacy.

I met Indigenous elders who have spent their whole lives fighting injustices faced by their brothers and sisters displaced by dam construction or fortress conservation projects. I met Indigenous leaders who mobilized resources to ensure others can access decision-making spaces and the capacity to influence change, even when conferences make it more difficult for them to participate. I met Indigenous youths who aspired to stay with their communities, learn from their elders, and maintain their cultures.

To prepare for COP28, they discussed priorities for their policy advocacy efforts, and that was how the E-sak Ka Ou Declaration was born.

“AIPP has been at the forefront of conducting a regional stocktake of the implementation of both the Paris Agreement on Climate Change and the Kunming-Montreal Global Biodiversity Framework (KM-GBF) through the lens of Indigenous Peoples, Indigenous Women, Indigenous Youth, and Indigenous Peoples with Disabilities.

The E-Sak Ka Ou Declaration embodies the outcomes of our regional approach. AIPP and its partners will continue to monitor and report on the status and trend of a human rights-based approach to climate and biodiversity actions in Asia.” – Mr. Lakpa Nuri Sherpa, Head of the AIPP Environment Programme

The E-Sak Ka Ou Declaration acknowledges that Indigenous peoples’ contributions have increasingly been recognized globally. Yet, such recognition is not mirrored in national processes, laws, and policies, so they demand effective participation, human rights and tenure recognition, and Free, Prior, and Informed Consent (FPIC) in all biodiversity and climate actions. The declaration calls for resource allocation for the revitalization, documentation, and dissemination of Indigenous knowledge, recognizing its key role in implementing policies under the Convention on Biological Diversity (CBD) and the United Nations Framework Convention on Climate Change (UNFCCC).

The declaration warns against the perpetuation of a colonialist approach to conservation and climate action that violates their rights. In the name of climate action and conservation, projects have taken place on Indigenous lands and territories, disrupting their livelihoods and traditions and without their informed consent.

“We, Indigenous Peoples, are rights-holders. No human rights violations against Indigenous Peoples should occur in the name of climate change and biodiversity conservation programs, projects, and activities. Without respecting, protecting, and fulfilling the rights of Indigenous Peoples the world can’t achieve the climate and biodiversity targets.  

Governments, financial institutions, and businesses must enable our full, equitable, ethical, and effective participation and representation in the decision-making processes of Nationally Determined Contributions (NDCs), National Adaptation Plans (NAPs), and National Biodiversity Strategies and Action Plans (NBSAPs). This is important to transform our engagement from policy-taking to policymaking on climate change, and biodiversity.” – Mr. Kittisak Ratanakrajangsri, Chairperson of AIPP

Rather, the declaration calls for the recognition of Indigenous territories as a conservation pathway. This would be separate from the two existing pathways, namely protected areas and other effective area-based conservation measures, which not only fail to recognize the historical and ongoing contribution of Indigenous peoples to conservation but also often tend to dispossess them of their lands and livelihoods.

Amplifying Indigenous voices

Having previously written about the history of Indigenous peoples’ advocacy over the years at the COPs, I had heard accounts of the challenges that the caucus has faced in these international policy fora, from difficulties with travel visas and languages to hurdles of diplomatic practices and scientific jargon. I had learned of tactics and strategies they have deployed to navigate this space and influence decisions, including multi-pronged lobbying and adapting to Western diplomacy.

Yet, the opportunity to observe how the E-Sak Ka Ou Declaration was developed inspired me with the unwavering dedication of generations of Indigenous peoples amidst the backdrop of systemic injustices. I became deeply in awe of their knowledge, experience, will, hope, grit, tenacity, and perseverance, and all the nuances between the challenges and the victories I had known of before.

I am reminded of our responsibility as an ally in amplifying Indigenous voices and supporting their struggle for rights and justice. For it is only through collective action and solidarity that we can pave the path towards a more equitable and sustainable future.

This includes ensuring that progress does not stop at the global level. Countries and regions must provide an enabling environment through sensitized policy frameworks and actions. For instance, currently, the Association of Southeast Asian Nations (ASEAN) is developing an environmental rights framework, the first policy instrument in the region to bring together human rights and the environment. While it is notable progress, this could be the litmus test for regional leaders to demonstrate their recognition and commitment to promote, protect and fulfill the rights of Indigenous peoples.

It is imperative that diverse voices, including Indigenous peoples and allies, are included in the policy development process, and that their rights are recognized in line with global commitments.

Minh Tran is a Research Fellow at the Stockholm Environment Institute (Asia Centre), working on equity and inclusion in climate change adaptation and disaster risk reduction.

See related audio from Mongabay’s podcast: National Geographic photographer Kiliii Yuyan discusses his visits to five Indigenous communities and the value of traditional ecological knowledge (TEK) for protecting the world’s biodiversity, listen here:

See related coverage:

New fund supports Indigenous-led land management in biodiverse area of Bolivia

First ever U.S. Indigenous Marine Stewardship Area declared in California

Article published by Erik Hoffner

Biodiversity, Commentary, Conservation, Conservation Solutions, Environment, Governance, Indigenous Communities, Indigenous Culture, Indigenous Cultures, Indigenous Groups, Indigenous Peoples, Indigenous Reserves, Indigenous Rights, Land Rights, Traditional Knowledge

Asia, Southeast Asia, Thailand

Print