The Recognition of the Special Relationship of Indigenous Peoples with their Environment under International Law

What is it about?

Climate change is currently one of the greatest threats to the earth and its inhabitants. In this context and in the face of political inaction, several environmental organizations and concerned citizens have recently brought lawsuits against their governments on the basis of human rights to request a more ambitious climate change policy. This is a global phenomenon, with cases being filed in various countries and before international jurisdictions. Indigenous peoples in particular have played a crucial and leading role in this human rights-based judicial struggle against climate change. This can be explained by the fact that indigenous peoples are particularly vulnerable to the effects of climate change because of their distinct lifestyle and culture closely linked to their ancestral lands and natural resources. As climate change can cause severe environmental harms and alterations, it has the potential to impact on every aspects of the lives of indigenous peoples, threatening in some cases the very survival of their cultural identity. Against this background, this paper examines the international rights and legal provisions available to indigenous peoples in this regard. Based on their cultural distinctiveness, indigenous peoples notably benefit from specific rights under international law to protect their natural environment. This article argues that those rights can constitute particularly suitable legal tools for climate change litigation.

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