The Evolution of Indigenous Peoples’ Consultation Rights Under the ILO and UN Regimes: A Comparative Assessment of Participation, Consultation, and Consent Norms Incorporated in ILO Convention No. 169 and the U.N. Declaration on the Rights of Indigenous Peoples and Their Application by the Inter-American Court of Human Rights in the Saramaka and Sarayaku Judgments

56 Pages Posted: 8 Aug 2017

Date Written: 2017

Abstract

In 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 as 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.

Keywords: indigenous peoples, international law, human rights, consultation rights, International Labour Organization, United Nations, Inter-American Court of Human Rights

Suggested Citation

Rombouts, Sebastiaan, The Evolution of Indigenous Peoples’ Consultation Rights Under the ILO and UN Regimes: A Comparative Assessment of Participation, Consultation, and Consent Norms Incorporated in ILO Convention No. 169 and the U.N. Declaration on the Rights of Indigenous Peoples and Their Application by the Inter-American Court of Human Rights in the Saramaka and Sarayaku Judgments (2017). 53 Stan. J. Int'L L. 169 (2017), Available at SSRN: https://ssrn.com/abstract=3010261

Sebastiaan Rombouts (Contact Author)

Tilburg University ( email )

P.O. Box 90153
Tilburg, DC Noord-Brabant 5000 LE
Netherlands

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