Legal Instruments

Legal Resources

There is a wide range of rights and responsibilities related to Indigenous peoples and local communities under human rights, environmental, and cultural heritage instruments. These provisions include both substantive rights, perhaps most importantly to self-determination, and procedural rights such as access to information, full and effective participation, and access to justice. The precautionary principle, “do no harm”, and other cross-cutting principles provide a fundamental moral and ethical basis for laws and policies concerning both the environment and Indigenous peoples and local communities.

This section includes links to international and regional Human Rights, Environmental Rights, and Cultural Rights instruments and mechanisms. It also provides an introduction to Case Law and links to Community Declarations, which together constitute an emerging jurisprudence on rights and responsibilities related to Indigenous peoples’ and local communities’ ways of life and territory-based governance.

 

Publications

Analysis of the UN Declaration on the Rights of Indigenous Peoples (Anaya, 2008)
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Guide to Free Prior and Informed Consent (Oxfam Australia, 2010)
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Towards a People’s History of the Law: Biocultural Jurisprudence and the Nagoya Protocol on Access and Benefit Sharing (Bavikatte and Robinson, 2011)
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Indigenous and Local Communities and Protected Areas: Towards Equity and Enhanced Conservation (Borrini-Feyerabend et al., 2004)
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Legal Pluralism, Indigenous People and Small Island Developing States: Achieving Good Environmental Governance in the South Pacific (Techera, 2010)
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Biodiversity and Culture: Exploring community protocols, rights and consent (IIED Participatory Learning and Action 65, 2012)
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Videos

Biocultural Community Protocols: Articulating and Asserting Stewardship (Moving Images & Natural Justice, 2012)
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Rooibos Robbery: A Story of Bioprospecting in South Africa (Steps Southern Africa, 2012)
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Maldhari Biocultural Community Protocol Photo Story (Sahjeevan & Natural Justice, 2012)
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  • Lima Call for Climate Action
    The 20th Session of the Conference of Parties (COP) of the United Nations Framework Convention on Climate Change wrapped up over two weeks of negotiations with the release of the ‘Lima Call for Climat …

  • New Publication: South Africa Legal Review
    Supported by Ford Foundation Southern Africa, Natural Justice has coordinated a series of legal reviews in Southern Africa, examining the national laws and policies that support or undermine indigenou …

  • New Publication: Zimbabwe Legal Review
    Supported by Ford Foundation Southern Africa, Natural Justice has coordinated a series of legal reviews in Southern Africa, examining the national laws and policies that support or undermine indigenou …

  • The Road to Dignity by 2030: UN Launches Sustainable Development Blueprint
    Earlier this month the United Nations Secretary General Ban Ki-moon released his “synthesis report” on the Post-2015 Agenda. The Road to Dignity by 2030: Ending Poverty, Transforming All Lives andProt …

Latest Publication


Biocultural Community Protocols: A Toolkit for Community Facilitators
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Photos


Images from our work in Africa, Asia, and the Americas
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