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

Abstract

Indigenous peoples are amongst the most affected by climate change. Its effects threaten the very survival of their cultural identity which revolves around a strong connection to their ancestral lands and natural resources. Indigenous peoples have thus played a prominent role in the recent development of international human rights-based climate litigation. Against this background, this paper examines their specific status and legal tools in this regard. It first recalls how they obtained the recognition of their special relationship with their natural environment as well as specific environmental rights under international law, both in specific instruments of protection of indigenous peoples’ rights and under general human rights law. After emphasizing their significant role in advancing environmental protection under international human rights law, the article then enquires whether the recognised environmental component of indigenous peoples’ fundamental rights might allow them to develop stronger substantive legal arguments in human rights-based climate litigation.