The Public Interest to Environmental Protection and Indigenous Peoples’ Rights: Procedural Rights to Participation and Substantive Guarantees

in Eva Lohse and Margherita Poto (eds.), Participatory Rights in the Environmental Decision-Making Process and the Implementation of the Aarhus Convention: A Comparative Perspective, Duncker&Humblot, 2015, pp. 75-90

17 Pages Posted: 10 Aug 2016 Last revised: 9 Oct 2018

See all articles by Federica Cittadino

Federica Cittadino

Institute for Comparative Federalism

Date Written: June 27, 2014

Abstract

This contribution aims to explore the ways in which the right to participation of indigenous peoples has been framed in the decisions of human rights treaty bodies. In line with the purposes of volume in which it is included, this contribution concentrates on public participation, and it only refers to information and access to justice when relevant for clarifying aspects of participatory rights. This chapter argues that the right to participation has both procedural and substantive implications for indigenous peoples. Indeed, the right to be consulted is not the only manifestation of the right of indigenous peoples to participate in decision-making processes. The qualification of effectiveness that human rights treaty bodies have elaborated on, as well as the consent requirement evoked in some specific circumstances, may give indigenous peoples substantive powers in terms of land and resource management, as well as constituting an instrument for reviewing the merits of the policies promoted by the State or private actors. This chapter also contends that collective rights can give the public interest component of participation a new meaning. The general interest of larger national societies is in fact to be balanced against the consideration of the collective interests of national groups.

Keywords: participatory rights, free prior and informed consent, indigenous peoples, human rights treaty bodies, Inter-American Court of Human Rights, ILO, Human Rights Commitee, CERD

JEL Classification: K33

Suggested Citation

Cittadino, Federica, The Public Interest to Environmental Protection and Indigenous Peoples’ Rights: Procedural Rights to Participation and Substantive Guarantees (June 27, 2014). in Eva Lohse and Margherita Poto (eds.), Participatory Rights in the Environmental Decision-Making Process and the Implementation of the Aarhus Convention: A Comparative Perspective, Duncker&Humblot, 2015, pp. 75-90, Available at SSRN: https://ssrn.com/abstract=2814977

Federica Cittadino (Contact Author)

Institute for Comparative Federalism ( email )

Viale Druso, 1
Drususallee 1
Bolzano/Bozen, 39100
Italy

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