The Recognition of Sacred Natural Sites of Arctic Indigenous Peoples as a Part of Their Right to Cultural Integrity

• Author: Leena Heina?ma?ki, Thora Martina Herrmann
• Pages: 70-96

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Arctic Revie w on Law and Politics, vol. 4 , 2/2013 pp. 207–233. ISSN 1891-6252

The Recognition of Sacred Natural

Sites of Arctic Indigenous Peoples

as a Part of Their Right to Cultural

Integrity

Leena Heinämäki and Thora Martina Herrmann

Leena Heinämäki, Research Fellow (LL.D), Northern Institute for Environmental and

Minority Law, Arctic Centre, University of Lapl and, Rovaniemi, Finland. leena.heinama-

ki@ulapland.fi and Thora M artina Herrmann,

Professor, Département de géographie,

Université de Montréal, Montréal, Canada . thora.martina.herrmann@umont real.ca

Received February 2013, Accepted June 2013

Sacred Natural Sites (SNS) are an important means for the expressions and

transmission of cultu re, and a manifestation of spiritual values of nature, which

have contributed to the conservation of species and habitats. However, many SNS

are increasingly u nder threat, and their contribution to conservation is still not

suciently recognized by states and conservation agencies, laws and policies.

With a growing recognit ion of the mutual dependency between biodiversity a nd

sociocultura l systems in the Arctic, indigenous communities, conservationists ,

law-and policy-makers are endeavoring to re-establish bio-cultural diversity as

a constructive pathway for conservation law, policy and practice. e integra-

tion of indigenous rights into conservation, through r ights-based approaches is

an emerging and challenging area. is new rights-based approach to conser-

vation acknowledges that conservation and human rights must be pursued in

mutually supportive ways that contribute to the common goal of environmen-

tal sustainability and human well-being. Much remains to be done to better

understand the benets, practical implications and limitations of such rights-

based approaches. is paper discusses the role of international law as well as

sui generis processes from the sub-Arct ic and Arctic regions that recognize and

leena heinämäki and thor a martina herr mann

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uphold indigenous peoples’ rights in conservation, and where action for the

conservation of sacred natural sites is being taken by indigenous communities

themselves using international law and policy instruments, or developing their

own community instru ments. ese cases provide ways forward for duty-bearers

and custod ians to engage in constr uctive dialogue to s eek together synergies to

mutual responsibilities and benets, and to build new spaces in law, policy and

practice in the Arctic.

Key-words: Sacred Natural Sites; Indigenous Peoples; Arctic; cultural integrity;

international human rights law, international environmental law

1. Introduction

is article stud ies the recognition and protection of sacred natural sites (SNS) of

Indigenous Peoples (IPs) as a part of their cultural and environmental integrity

by looking at the human rig hts law (right to cultural i ntegrity) and relevant politi-

cal instruments of international environmental law that recognize and have the

potential, when eectively implemented, to oer a legal protection to SNS of IPs.

Although this paper puts a spec ial emphasis on Arctic IPs, global instruments t hat

bind nearly all states are being studied with the background of case law outside

the Arctic, due to their direct relevance.

SNS are natural area s of special spiritual signica nce; they “include natural ar-

ea s rec ogn ize d as s acre d by i ndi genou s pe ople s, as wel l as n atu ral area s re cogn ize d

by institutionalized religions or faiths as places for worship and remembrance”.1

SNS are integral par ts of ethnic identity and play a key role in traditional cu ltures

and lifestyles. For example, the Maori in New Zealand see the mountains as fro-

zen bodies of ancestors. ey symbolize their ethnic identity. In tribal meetings,

Maori identify themselves by rst giving the name of their mountain tribe, their

lake or stream and nally, their leader.2 Cultural values are at the core of ethics

and practices of local custodians of SNS. ese custodians play a key role in the

governance of their community, holding deep knowledge of spiritual practices,

and biodiversity management according to customary laws.

1. Oviedo G, Jea nrenaud S.,. “Protecting Sacred Natural Sites of Indigenous and Tradit ional

Peoples” in Mallarach J, Papayannis T, (eds), Protected Areas and Spirituality. Proceedings

of the First Workshop of the Delos Initiative , Montserrat, 23–26 November 2006. Gla nd,

Switzerla nd: IUCN and Montserrat, Spai n: Publicaciones de l’Abadia de Montser rat, 2007.

2. Ber nbaum E., “Les montagnes sac rés” in Unasylva 20 8 (53) 2002 pp. 54–55.