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1. Defending the right to a clean, healthy and sustainable environment: a human rights framework

1.8 A focus on Indigenous Peoples' and peasants' rights, and rural areas


Our Indigenous knowledge is not folklore — it is science. We have lived with the land for generations, and we know how to protect it. When you destroy our ecosystems, you destroy our rights, our culture, and our future.
Hindou Oumarou Ibrahim — Indigenous Mbororo woman from Chad, environmental activist and advocate for Indigenous knowledge in climate policy

Indigenous Peoples’ rights

At the international level, two key and complementary frameworks guide the protection of Indigenous Peoples' rights in environmental and territorial contexts: the UN Declaration on the Rights of Indigenous Peoples (UNDRIP) and ILO Convention No. 169 (or Indigenous and Tribal Peoples Convention).

The UN Declaration on the Rights of Indigenous Peoples (UNDRIP) was adopted in 2007, recognising the standards required to guarantee the individual and collective rights of this group and to ensure their survival and well-being.

Check the following video for an introduction to UNDRIP:

Source: ClickView


In addition to UNDRIP, the International Labour Organisation's (ILO) Convention No. 169 provides a legally binding framework on consultation and participation, including free, prior and informed consent (FPIC). As a legally binding instrument, States that have recognised it are obliged to implement it into their decision-making procedures and policy frameworks. Amongst other provisions, the ILO Convention No. 169 incorporates:

  • Recognition of the land, territorial and resources governance systems agreed by Indigenous Peoples. It stems from the relationship that Indigenous Peoples have with land and territory, as well as the cultural, spiritual, and economic implications for their development.
  • Compulsory consultation for Indigenous Peoples when a project affects their livelihoods and territories. This consultation must respect their customary laws, organisational means, and structures, and may apply to rules, policies, permits, concessions, and administrative acts.
  • Consent must be prior - before the decision is made, allowing time for internal deliberation -, informed -people must be provided with relevant information on the nature, scope, duration, and risks of the decision, taking into account language and other adaptations -, and free - not subject to coercion. These elements are crucial for ensuring equitable participation by Indigenous Peoples.
  • Note: check if your country has ratified this convention first!

Both tools are complementary and you can use them in your advocacy.

To understand more about what free, prior and informed consent is and how it can materialise, watch the video below:

Source: Food and Agriculture Organisation of the United Nations (FAO)


Rights of peasants and other people working in rural areas

There has been recognition of the relationship between peasants, rural communities, and the territory. The UN Declaration on the Rights of Peasants and Other People Working in Rural Areas (UNDROP) was adopted by the UN General Assembly on 17 December 2018.

This video, published by La Via Campesina as part of its training process, explores the main ideas of the UNDROP. It explains how peasants can use this Declaration in their struggles for food sovereignty, peasant agroecology, climate justice or agrarian reform.

Source: https://defendingpeasantsrights.org


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