Advanced

Indigenous Peoples in Peacebuilding : Searching for international legal framework for indigenous justice

Sjöstedt, Britta LU (2017) In Justice of Peace
Abstract
In this chapter, I examine the international law protecting the rights of indigenous peoples regarding the environment they inhabit during the aftermath of armed conflict (post-conflict) and how it sits with the larger framework of applicable law in post-conflict – the corpus of jus post bellum. I map out the legal landscape by looking at indigenous peoples’ rights in human rights law and international environmental law. While there are international obligations in place to respect indigenous peoples’ rights to their ancestral environment, the enforcement of them is lagging behind. This is particularly true in situations of armed conflict when states often enable derogations from certain laws due to a state of emergency or lack domestic... (More)
In this chapter, I examine the international law protecting the rights of indigenous peoples regarding the environment they inhabit during the aftermath of armed conflict (post-conflict) and how it sits with the larger framework of applicable law in post-conflict – the corpus of jus post bellum. I map out the legal landscape by looking at indigenous peoples’ rights in human rights law and international environmental law. While there are international obligations in place to respect indigenous peoples’ rights to their ancestral environment, the enforcement of them is lagging behind. This is particularly true in situations of armed conflict when states often enable derogations from certain laws due to a state of emergency or lack domestic institutions. However, the end of an armed conflict implies an opportunity to build structures that can ensure the respect for the indigenous peoples’ rights as part of the peacebuilding activities. At the same time, post-conflict-situations could pose a risk for vulnerable indigenous communities to be marginalised throughout the peace process if they are not involved. In such cases, they risk losing access to their environment as peace can lead to opening the society to new development projects that may require expropriation of land of indigenous peoples without prior consultation or consent. This is particularly a risk as indigenous territories are usually rich in biological diversity and valuable natural resources. Instead, these areas could be turned into protected areas. This may profit indigenous peoples, but only if the indigenous peoples concerned are consulted and active participants in the projects. As history has shown, conservation projects could otherwise be another reason for state expropriation of indigenous land and forced displacement of the indigenous communities. I look at two states transitioning from conflict to peace, namely, Colombia and the Democratic Republic of the Congo (DRC) to examine the involvement of the indigenous peoples throughout the transition. In both states, hostilities have taken place in indigenous territories and adversely affected the indigenous communities. I study how the law can protect the indigenous communities and safeguard their environment in these states. (Less)
Please use this url to cite or link to this publication:
author
organization
publishing date
type
Chapter in Book/Report/Conference proceeding
publication status
submitted
subject
keywords
Public international law, Folkrätt
in
Justice of Peace
editor
Stahn, Carsten; Iverson, Jens; Easterday, Jennifer ; ; and
publisher
OUP
language
English
LU publication?
yes
id
35ba3af5-a834-467f-b321-4baa5a15eb96
date added to LUP
2018-01-19 12:00:07
date last changed
2018-05-29 10:22:36
@inbook{35ba3af5-a834-467f-b321-4baa5a15eb96,
  abstract     = {In this chapter, I examine the international law protecting the rights of indigenous peoples regarding the environment they inhabit during the aftermath of armed conflict (post-conflict) and how it sits with the larger framework of applicable law in post-conflict – the corpus of jus post bellum. I map out the legal landscape by looking at indigenous peoples’ rights in human rights law and international environmental law. While there are international obligations in place to respect indigenous peoples’ rights to their ancestral environment, the enforcement of them is lagging behind. This is particularly true in situations of armed conflict when states often enable derogations from certain laws due to a state of emergency or lack domestic institutions. However, the end of an armed conflict implies an opportunity to build structures that can ensure the respect for the indigenous peoples’ rights as part of the peacebuilding activities. At the same time, post-conflict-situations could pose a risk for vulnerable indigenous communities to be marginalised throughout the peace process if they are not involved. In such cases, they risk losing access to their environment as peace can lead to opening the society to new development projects that may require expropriation of land of indigenous peoples without prior consultation or consent. This is particularly a risk as indigenous territories are usually rich in biological diversity and valuable natural resources. Instead, these areas could be turned into protected areas. This may profit indigenous peoples, but only if the indigenous peoples concerned are consulted and active participants in the projects. As history has shown, conservation projects could otherwise be another reason for state expropriation of indigenous land and forced displacement of the indigenous communities. I look at two states transitioning from conflict to peace, namely, Colombia and the Democratic Republic of the Congo (DRC) to examine the involvement of the indigenous peoples throughout the transition. In both states, hostilities have taken place in indigenous territories and adversely affected the indigenous communities. I study how the law can protect the indigenous communities and safeguard their environment in these states. },
  author       = {Sjöstedt, Britta},
  editor       = {Stahn, Carsten and Iverson, Jens and Easterday, Jennifer },
  keyword      = {Public international law,Folkrätt},
  language     = {eng},
  publisher    = {OUP},
  series       = {Justice of Peace},
  title        = {Indigenous Peoples in Peacebuilding : Searching for international legal framework for indigenous justice },
  year         = {2017},
}