Legal Resources

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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Latest News
  • 19th Illegal Logging Update and Stakeholder Consultation
    Peter Wood, Natural Justice Associate, attended the 19th Illegal Logging Update and Stakeholder Consultation, 9-10 February in London. The meeting focussed on the implementation of the EU Timber Regul …

  • MPCA Workshop in Uttarakkand
    Medicinal Plants Conservation Areas (MPCAs) in India are bioculturally rich areas of land with a high prevalence of endemic medicinal plants. MPCAs are usually demarcated by communities or by the gove …

  • Meeting on Increasing Number of BCR Lawyers
    On the 13th of February, Kabir Bavikatte and Harry Jonas (Natural Justice) met with Antara Lahiri (Ashoka Law for All) and Vivek Maru (Namati) to discuss how best to increase the numbers of lawyers fo …

  • Maldhari Community Claims Traditional Lands
    In the face of government attempts to ban livestock in their traditional grasslands, the Maldhari community of the Banni grasslands of Kutch, Gujarat, India sent notices to their state government dema …

  • New Article on Stewarding the Commons
    Natural Justice’s own Kabir Bavikatte recently authored “Stewarding the Commons: Rethinking Property and the Emergence of Biocultural Rights” for the Common Voices newsletter of the Dakshin Foundation …

Photos


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