Indigenous rights to natural resources, water and the environment in international law

Abstract

This article analyses the normative developments and standards generated in international human rights law with respect to the environment and the rights of indigenous peoples over their territories and natural resources. Following the analysis of Convention 169 and the evolution of standards within the Inter-American System of Human Rights (ISHR), it is verified that international law recognizes the right of indigenous peoples to property over their ancestral territories and, as a consequence, the right to natural resources that have been traditionally used for their survival, development and the continuation of their system of life and custom. However, recent ISHR jurisprudence shows the development of specific standards of environmental rights for indigenous peoples, recognizing the right to the environment as an autonomous right
that implies the protection of nature itself and the elements that comprise it, regardless of whether there is a direct impact on people as a result of environmental damage. Also relevant is the relationship observed in international law between cultural identity and the environment, in order to ensure the traditional ways of life of indigenous peoples,
their food sovereignty, and water sustainability.