The introduction and discussion on the relationship between the four human rights and protected areas pointed out that the global human rights texts do not explicitly mention environmental protection, let alone protected areas conservation. However, indigenous peoples, as a most relevant group for environmental protection, are already empowered with some rights relevant to environmental protection, although some rights were only included in soft law instruments. The main reason for this is that most early human rights instruments were adopted earlier than environmental instruments. Nevertheless, recent changes in human rights instruments and organs have reflected a developmental tendency towards more concern for environmental protection. For instance, the ILO Convention No. 169 states the right of indigenous peoples to “participate in the use, management and conservation” of the natural resources pertaining to their lands. Article 29(1) of the United Nations Declaration on the Rights of Indigenous Peoples strongly holds that “indigenous peoples have the right to the conservation and protection of the environment.” In addition, the CERD has applied the principle of free, prior and informed consent (FPIC) in nature conservation (see 5.1.1.1.2).

However, in practice, non-indigenous local people and communities that are concerned with environmental protection should also be taken into account. This is also the main reason why this book uses the term “local people and communities” which has been explained in the introduction chapter (see 1.1.2.1).

Ellen Desmet concludes that: “except in the European human rights system, attention for the impact of nature conservation at the international level has been almost exclusively focused on the situation of indigenous peoples.” However, in general, the European human rights organs have been reluctant to pronounce themselves on the conflict between conservation measures and the interests of individuals or minorities, given the complexity and sensitivity of the issue at stake. A wide margin of appreciation has been left to the national States.

According to what has been introduced and explored, some similar conflicts can be found both in China and in Europe (see 4.4). It is noted that the conflicts regarding human rights protection and protected areas conservation in different countries cannot be easily judged from their “appearance”, normally they are the mixed products of political, economic, cultural, historical and legal factors.