The evolution of indigenous peoples' consultation rights under the Ilo and U.N. regimes

A comparative assessment of participation, consultation, and consent norms incorporated in ILO convention No. 169 and the U.N. declaration on the rights ofIndigenous peoples and their application by the Inter-American Court of Human Rights in the Saramaka and Sarayaku Judgments

Research output: Contribution to journalArticleScientificpeer-review

Abstract

n recent human rights law, "immense energy has been invested" in creating international norms that give indigenous peoples rights to participate in decision-making processes that affect them. Such consultation and participation rights are of vital importance to indigenous peoples, especially those related to the protection of their lands and natural resources. While these standards are more and more accepted s authoritative, recent efforts in law and policy directed at their effective implementation reveal persistent problems related to the practical application of these norms. In order to clarify the scope of these norms, this Article examines recent and progressive interpretations by international and regional supervisory mechanisms. In particular, it focuses on two judgments by the Inter-American Court of Human Rights (IACtHR) about natural resource extraction on indigenous peoples' territories -Saramaka v. Suriname and Sarayaku v. Ecuador- in which the Court provides an in-depth analysis of the implementation process concerning consultation and consent requirements under international law.
Original languageEnglish
Pages (from-to)169-224
Number of pages56
JournalStanford Journal of International Law
Volume53
Issue number2
Publication statusPublished - 1 Jul 2017

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ILO
UNO
human rights
regime
participation
natural resources
Suriname
Law
Ecuador
international law
decision-making process
energy
interpretation

Keywords

  • Human Rights
  • Indigenous Peoples
  • Labour Law
  • International Law
  • International Labour Organization
  • United Nations

Cite this

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title = "The evolution of indigenous peoples' consultation rights under the Ilo and U.N. regimes: A comparative assessment of participation, consultation, and consent norms incorporated in ILO convention No. 169 and the U.N. declaration on the rights ofIndigenous peoples and their application by the Inter-American Court of Human Rights in the Saramaka and Sarayaku Judgments",
abstract = "n recent human rights law, {"}immense energy has been invested{"} in creating international norms that give indigenous peoples rights to participate in decision-making processes that affect them. Such consultation and participation rights are of vital importance to indigenous peoples, especially those related to the protection of their lands and natural resources. While these standards are more and more accepted s authoritative, recent efforts in law and policy directed at their effective implementation reveal persistent problems related to the practical application of these norms. In order to clarify the scope of these norms, this Article examines recent and progressive interpretations by international and regional supervisory mechanisms. In particular, it focuses on two judgments by the Inter-American Court of Human Rights (IACtHR) about natural resource extraction on indigenous peoples' territories -Saramaka v. Suriname and Sarayaku v. Ecuador- in which the Court provides an in-depth analysis of the implementation process concerning consultation and consent requirements under international law.",
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AB - n recent human rights law, "immense energy has been invested" in creating international norms that give indigenous peoples rights to participate in decision-making processes that affect them. Such consultation and participation rights are of vital importance to indigenous peoples, especially those related to the protection of their lands and natural resources. While these standards are more and more accepted s authoritative, recent efforts in law and policy directed at their effective implementation reveal persistent problems related to the practical application of these norms. In order to clarify the scope of these norms, this Article examines recent and progressive interpretations by international and regional supervisory mechanisms. In particular, it focuses on two judgments by the Inter-American Court of Human Rights (IACtHR) about natural resource extraction on indigenous peoples' territories -Saramaka v. Suriname and Sarayaku v. Ecuador- in which the Court provides an in-depth analysis of the implementation process concerning consultation and consent requirements under international law.

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