Abstract
AbstractThe recognition of land title and demarcation of indigenous peoples’ ancestral lands and the guarantee of the rights of consultation and free, prior and informed consent in the context of large infrastructure projects represent some of the major challenges for indigenous peoples and communities in the Amazon States. These challenges have been exacerbated by the election of the current Brazilian federal government in power since January 2019. Yet a significant development with the potential to strengthen participatory environmental governance in the region followed the adoption and entry into force in April 2021 of the 2018 Regional Agreement on Access to Environmental Information, Public Participation and Access to Justice in Latin America and the Caribbean. This article will argue that national environmental impact assessment and licensing procedures must integrate a human rights approach to project impact assessments to safeguard the protection of the environment and indigenous peoples’ fundamental rights.
Highlights
The recognition of land title and demarcation of indigenous peoples’ ancestral lands and the guarantee of the rights of consultation and free, prior and informed consent in the context of large infrastructure projects represent some of the major challenges for indigenous peoples and communities in the Amazon States
The recognition of land title and demarcation of indigenous peoples’ ancestral lands and the guarantee of the rights of consultation and free, prior and informed consent (FPIC) in the context of large infrastructure projects represent some of the major challenges for indigenous communities in the Amazon States
In the case of Brazil,2 the lack of meaningful and culturally appropriate consultation and FPIC evidences the country’s non-implementation of international obligations, in particular, the requirements for consultation established under the 1969 Inter-American Convention on Human Rights,3 the 1989 ILO Convention No 169 on Indigenous and Tribal Peoples Rights,4 as well as the 2007 United Nations Declaration on the Rights of Indigenous Peoples (UNDRIP)
Summary
The recognition of land title and demarcation of indigenous peoples’ ancestral lands and the guarantee of the rights of consultation and free, prior and informed consent in the context of large infrastructure projects represent some of the major challenges for indigenous peoples and communities in the Amazon States.
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