MacKay, Fergus (2007) Indigenous peoples, protected areas and the rights to restitution - The Jurisprudence of the inter-American court of human rights. Policy Matters (15). pp. 209-222.
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The majority of protected areas were (and continue to be) established and/or managed in violation of indigenous peoples’ internationally guaranteed rights. It is a general principle of international law that violations of international obligations that result in harm create a duty to make adequate reparation, which includes a right to restitution. This article focuses on indigenous peoples’ right to restitution of their traditional lands, territories and resources, as that right has been elaborated by the institutions of the inter-American human rights system, especially the Inter-American Court of Human Rights. Jurisprudence articulating and upholding indigenous peoples’ property rights and right to restitution is examined, and a pending case that explicitly seeks restitution of indigenous lands incorporated into protected areas is discussed. The article looks at the interaction between human rights norms and the Convention on Biological Diversity (CBD), and argues that it is important that the nexus between these two bodies of interrelated law is given greater emphasis by governments and conservation organisations.
| Item Type: | Articles |
|---|---|
| Keywords: | Indigenous People, Protected Areas, Human Rights, Land, Property Rights, CBD, Biodiversity, Legislation |
| Subjects: | Biodiversity |
| Depositing User: | Varsha V icsf |
| Date Deposited: | 11 May 2022 10:35 |
| Last Modified: | 23 May 2022 07:02 |
| URI: | http://icsfarchives.net/id/eprint/14175 |
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