Indigenous Peoples and the Environment Under the Inter-American System for the Protection of Human Rights

Abstract

Human rights and the environment are inherently linked. This connection is even stronger in cases of indigenous peoples rights, the close ties they have with the land is the fundamental basis of their cultural, spiritual, and material life. Although inherent, this link between human rights and the environment is not commonly reflected in the relevant conventions of different regional human rights systems. In turn, they do not provide for any special protection to indigenous peoples. However, jurisprudential developments evidence a clear trend towards the recognition of the said relationship. Arguably, the Inter-American System for the Protection of Human Rights is coming to take a leading role in this evolving process. Moreover, its jurisprudence has become an important referent regarding the rights of indigenous peoples and environmental protection. This paper explores the issue of indigenous peoples rights and the environment at the global level. Then, it analyses the main jurisprudential developments regarding human rights and environmental protection at the regional level, with particular emphasis on the indigenous jurisprudence of the Inter-American System.