ENVIRONMENTAL JUSTICE AND
INDIGENOUS PEOPLE
Legal rights of indigenous people to participate in environmental
decisions
-Fiza Sheikh B085
Presentation at a glance…..
INTRODUCTION INTERNATIONAL LAW
1 Objectives, Legal 2 Treaties, Case Laws,
Framework, Case Laws
Discussion Conclusions
3 Challenges, Recent 4 Way forward. And
developments concluding notes.
1 INTRO
• Indigenous people lived and thrived in close connection to the natural world for
centuries. Marginalised.
• Environmental justice : legal rights of indigenous peoples “to participate in
environmental decisions”
• Forest (Conservation) Act 1980
• Wildlife Protection Act 1972”
• Panchayats (Extension to Scheduled Areas) Act 1996
• The Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation
and Resettlement Act 2013
• National Biodiversity Act 2002
Cases that Shaped the rights of
Indigenous people in India.
1. Narmada Bachao Andolan v. Union of India
2. Samata v. Andhra Pradesh
3. Matanhy Saldanha v. State of Goa
International Law on the rights of
Indigenous people
UNDRIP
2007 American
Convention on Convention on
ILO
Biological Human Rights
1989
Diversity 1969
1992
International Case Laws
Ktunaxa Nation v.
The Sarayaku
British Columbia Case (Ecuador)
(Canada)
The Yaigojé Apaporis
Case (Colombia)
Challenges to participation of Indigenous people in
environmental decisions
Lack of access to Limited Lack of effective
information resources implementation of
laws and policies
Discrimination and Power Resistance to
marginalization imbalances change
Recent developments
1. The United Nations Declaration on the Rights of
Indigenous Peoples
2. The Forest Rights Act
3. The Bhadradri Kothagudem case
WAY FORWARD
Improving
implementation of
Increasing Providing laws and policies
Addressing
access to resources and
discrimination and Balancing power
information support
marginalization dynamics
Promoting
collaboration and Raising awareness and
partnership promoting education
“Through consciousness, our minds have
the power to change our planet and
ourselves. It is time we heed the wisdom
of the ancient indigenous people and
channel our consciousness and spirit to
tend the garden and not destroy it.”
—Bruce Lipton.
THANKYOU!!!