Empowering indigenous peoples and local communities: A human rights‐based appraisal of the compliance mechanism of the Nagoya Protocol

Abstract

This article examines the extent to which a systemic and mutually supportive understanding of the compliance mechanism of the Nagoya Protocol and human rights law may empower indigenous peoples and local communities (IPLCs). The international and domestic compliance mechanism and measures of the Nagoya Protocol are first unpacked with a particular focus on the role of IPLCs. Then a broad human rights framework on IPLCs’ right of access to justice is introduced to assess the strengths and limitations of the Nagoya compliance mechanism. The argument is that, based on the substantive connection between IPLCs’ right to fair and equitable benefit‐sharing and human rights pertaining to lands and natural resources, a human rights‐based approach can contribute to addressing the persisting power asymmetries between IPLCs and State authorities, as well as to facilitating the interpretation and implementation of the Nagoya Protocol that could lead to progress towards empowering IPLCs.