International legal mechanism for the protection of the environmental rights of indigenous peoples

Abstract

The article explores the peculiarities of the international legal mechanism for the protection of the environmental rights of indigenous peoples at the international level. Attention is focused on the special vulnerability of indigenous peoples and communities to environmental degradation and climate change due to their close connection with the environment, land and natural resources. A number of universal international legal acts that directly relate to the protection of the environmental rights of indigenous peoples are analyzed, such as the ILO Convention No. 107 on Indigenous and Tribal Populations of 1957, the ILO Convention No. 169 on Indigenous and Tribal Peoples of 1989, the UN Declaration on the Rights of Indigenous Peoples of 2007, etc. The activities of such bodies and special procedures of the UN as the Human Rights Committee, the International Law Commission, the Permanent Forum on Indigenous Issues, the Special Rapporteur on Human Rights and the Environment, the Special Rapporteur on the Rights of Indigenous Peoples regarding the promotion and protection of the rights of indigenous peoples in the environmental sphere are highlighted.Attention is paid to regional systems of protection of environmental rights of indigenous peoples. The provisions of a number of relevant regional international legal acts were analyzed: the American Convention on Human Rights of 1969, the Resolution of the Organization of American States “On Special Protection for Indigenous Populations. Action to Combat Racism and Racial Discrimination” of 1972, the American Declaration on the Rights of Indigenous Peoples of 2016, the Inter-American Commission on Human Rights Resolution No. 3/21 “Climate Emergency: Scope of Inter-American human rights obligations” of 2021, the African Charter on Human and Peoples’ Rights of 1981, the Resolution “On the Rights of Indigenous Peoples’ Communities in Africa” of 2000, the Resolution of the Parliamentary Assembly of the Council of Europe 2400 “Combating inequalities in the right to a safe, healthy and clean environment” of 2021, etc. The features of the institutional mechanism are characterized and the relevant precedent practice of the African and Inter-American human rights protection systems regarding the safeguarding of violated environmental rights of indigenous peoples is highlighted. In accordance with the problems specified, appropriate conclusions and recommendations were made.