Protection of Indigenous Peoples' Traditional Lands and Exploitation of Natural Resources: The Inter-American Court of Human Rights' Safeguards

Research output: Contribution to journalArticle

Abstract

The Inter-American Court of Human Rights (I-ACtHR) has developed remarkable jurisprudence for the protection of the right to communal property of indigenous and tribal communities with respect to the ancestral lands that they possess and traditionally used-natural resources, in order to guarantee their cultural and economic survival in the Americas. This article critically analyses the legal regime applicable for the protection of the right to traditional communal property of indigenous and tribal peoples in the Americas, its connection with their right to cultural identity, and the right to a dignified life. In particular, it pays specific attention to the right to effective participation and consultation of the indigenous communities affected; the obligation to share reasonable benefits with these communities; and the elaboration of a prior environmental and social impact assessment of any development investments, exploration or extraction plans.

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Research areas and keywords

Subject classification (UKÄ) – MANDATORY

  • Law and Society

Keywords

  • Cultural diversity - judicial guarantees, Human rights, Indigenous peoples, Inter-American Court of Human Rights (I-ACtHR), Traditional lands - natural resources
Original languageEnglish
Pages (from-to)229-253
Number of pages25
JournalInternational Journal on Minority and Group Rights
Volume24
Issue number3
StatePublished - 2017
Peer-reviewedYes

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