Abstract

The author presents selected ventures in the area of climate change mitigation and adaptation that negatively affect indigenous peoples. Against this factual background, she analyzes relevant international legal regulations. Such an analysis enables the answer to the main research question: can climate change adaptation and mitigation actions be the justification for disrespecting the rights of indigenous peoples? The research method adopted is legal- -institutional analysis which includes an examination of the content of legal and other documents. Combined with critical analysis of literature and media reports this analysis allows representation of the reality – violations of the rights of indigenous peoples as a part of efforts to counteract climate change. Recommendations and main findings include: climate change adaptation and mitigation measures may not justify violations of the rights of indigenous peoples; such measures have to be developed in collaboration with indigenous communities; indigenous peoples’ rights may not be perceived as a factor hindering the State’s economic development or an obstacle to environmental protection; indigenous knowledge should be included in the strategies to combat climate change. Indigenous peoples should be regularly consulted by policy makers so that the their traditional knowledge is incorporated in decisions regarding these matters.

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