Sea-ice Melting, Collective Inuit Peoples’ Rights and the Human Rights Discourse: A Critical Legal Analysis of the Nunavut Governance System

2021 ◽  
pp. 1-12
Author(s):  
Sandrine Le Teno ◽  
Christine Frison
Keyword(s):  
Climate Change ◽  
Human Rights ◽  
United Nations ◽  
Sea Ice ◽  
Indigenous Peoples ◽  
Rural Areas ◽  
The Arctic ◽  
Collective Rights ◽  
Legal Standards ◽  
United Nations Declaration

Climate change has increasing visible effects on the environment, particularly in the Arctic, where the sea-ice melted faster in 2020 than any time before. It directly threatens the Inuit people’s survival, whose livelihood is mainly based on traditional modes of subsistence (hunting, fishing and gathering). In light of the environmental crisis, this paper carries out a critical analysis of the Nunavut (Canada) legal framework, granting Inuit specific rights regarding their traditional way of life. While recognizing that this framework implements international human rights legal standards, we argue that the human right lens presents limitations in addressing climate change impacts on Inuit livelihood. By acknowledging the developments following the adoption of the United Nations Declarations on the Rights of Indigenous Peoples and on the Rights of Peasants and Other Peoples Living in Rural Areas, leading to the recognition of some collective rights to communities and people living of the land, we address the gaps of human rights –which are mainly individual –to reflect the importance of recognizing collective rights in the adaptation to the global climate change challenge. Indeed, the paper argues for the necessity to recognize the community level in the climate international governance scene. Human Rights –Inuit –United Nations Declaration on the Rights of Indigenous Peoples –Indigenous Rights –Climate Change –Collective rights –United Nations Declaration on the Rights of Peasants and Other People Working in Rural Areas –Nunavut Land Claim Agreement.

Part VI International Assistance, Reparations, and Redress, Ch.19 Reparations, Restitution, and Redress: Articles 8(2), 11(2), 20(2), and 28

2018 ◽  
Author(s):  
Lenzerini Federico
Keyword(s):  
Human Rights ◽  
United Nations ◽  
Indigenous Peoples ◽  
Real World ◽  
International Assistance ◽  
Actual Application ◽  
Cultural Specificity ◽  
United Nations Declaration ◽  
Proper Account ◽  
Individual Human

This chapter examines rights to reparations, restitution, and redress in Articles 8(2), 11(2), 20(2), and 28. The need of taking into proper account the cultural specificity of indigenous peoples, in establishing the forms of reparation to be used with the purpose of redressing violations of their reorganized collective and/or individual human rights, seems to be adequately considered by the relevant provisions included in the United Nations Declaration on the Rights of Indigenous Peoples (UNDRIP). In fact, those provisions are inspired by a clear culturally driven rationale, providing a good basis for the setting up of reparatory measures which are adequate to actually restore the wrongs suffered by indigenous peoples in light of their specific expectations and needs. However, the said provisions are only written on paper, and their actual translation into concrete effective measures of reparation ultimately depends on the sensibility of the legal operators who are entrusted with their actual application and implementation in the real world.

scholarly journals Protecting expressions of Folklore within the Right to Culture in Africa

2017 ◽  
Vol 13 (4) ◽  
pp. 48
Author(s):  
Enyinna Sodienye Nwauche
Keyword(s):  
Human Rights ◽  
United Nations ◽  
Indigenous People ◽  
Indigenous Peoples ◽  
Customary Law ◽  
Cultural Rights ◽  
Substantive Content ◽  
Human Rights Regime ◽  
United Nations Declaration ◽  
The Right

This paper explores the protection of expressions of folklore within the right to culture in Africa by considering three issues, which are the increased understanding of the right to culture in national constitutions and the recognition that customary law is a manifestation of the right to culture; an expanded understanding of the substantive content of the article 15(1) of the International Covenant for Economic, Social and Cultural Rights as part of the right to culture; and the recognition of the rights of indigenous peoples marked significantly by the 2007 United Nations Declaration of the Rights of Indigenous People. The paper demonstrates how a human rights regime may assist in overcoming some of the deficiencies in the national protection of expressions of folklore in Africa.

The tip of the iceberg: Ice as a non-human actor in the climate change debate

2011 ◽  
Vol 34 (1) ◽  
pp. 133-150 ◽  
Author(s):  
Lill Rastad Bjørst
Keyword(s):  
Climate Change ◽  
United Nations ◽  
Indigenous Peoples ◽  
Global Climate Change ◽  
Global Climate ◽  
Core Region ◽  
Hybrid Networks ◽  
The Arctic ◽  
Central Aspect

Abstract The global climate change debate has the Arctic as a core region of concern and ice has become a central aspect of discourses. This article discusses ice representations from six different contexts linked to the 2009 United Nations Climate Change Conference (COP15) in Copenhagen. The author argues that even though the discussions often seem to be centred on ice alone, the latter enters into narratives and metaphors that have wider implications for how the Arctic and its Indigenous peoples are represented. Ice becomes a non-human actor, framing the discussions, acting in specific ways, and linking hybrid networks. Indeed it is used in diverse platforms by scientists, politicians, governments, and NGOs, as well as by Inuit hunters and fishers.

scholarly journals Respecting and recognising Indigenous rights when challenged by commercial activities

2017 ◽  
Vol 10 (1) ◽  
pp. 1-17
Author(s):  
Valmaine Toki
Keyword(s):  
Human Rights ◽  
United Nations ◽  
Indigenous Peoples ◽  
Indigenous Rights ◽  
Extractive Industries ◽  
Reference Guide ◽  
Commercial Activities ◽  
Basic Rights ◽  
The United Nations ◽  
United Nations Declaration

The United Nations Declaration on the Rights of Indigenous Peoples was hailed as a triumph among Indigenous peoples, signalling a long-awaited recognition of their fundamental human rights. Despite this, many violations of these basic rights continue, particularly in relation to extractive industries and business activities. In response, a business reference guide seeks to inform industries of their responsibilities. This article examines the tenuous relationship between Indigenous rights, state responsibilities and business expectations.

Lozano Barragán and Others v. Presidency of the Republic of Colombia and Others

2021 ◽  
Vol 193 ◽  
pp. 443-477
Keyword(s):  
Climate Change ◽  
Sustainable Development ◽  
Human Rights ◽  
United Nations ◽  
Paris Agreement ◽  
Fundamental Rights ◽  
Amazon Forest ◽  
Environmental Rights ◽  
Collective Rights ◽  
Healthy Environment

443Human rights — Environmental rights — Deforestation of Colombian Amazon forest — Protection of human rights — Right to a healthy environment — Right to life — Right to health — Colombian action of protection (“acción de tutela”) of human rights — Whether appropriate mechanism for applicants to protect their rights — Climate change — Effects — International and national instruments for protection of environment — Whether Amazon an entity “subject of rights” — Whether defendants failing to protect applicants’ rights — Whether defendants violating Paris Agreement on Climate Change and Colombian Law 1753 of 2015Jurisdiction — Human rights protection — Collective rights — Appropriate mechanism to protect applicants’ rights — Acción de tutela — Whether appropriate for protection of collective rights and interests — Whether protection of environment entailing safeguarding of supra-legal individual guarantees — Whether minors can bring claim without representationTerritory — Whether territories “subject of rights” — Human rights — Environmental rights — Deforestation of Colombian Amazon forest — Ecocentric anthropic society — Whether Amazon an entity “subject of rights”Relationship of international law and municipal law — Treaties — Paris Agreement on Climate Change, 2015 — Other international instruments — International Covenant on Economic, Social and Cultural Rights, 1966 — Convention on the Prohibition of Military or Any Other Hostile Use of Environmental Modification Techniques, 1976 — Protocol I additional to Geneva Conventions relating to the Protection of Victims of International Armed Conflicts, 1977 — 1972 Stockholm Declaration — United Nations Environment Programme — United Nations Conference on Environment and Development held in Rio de Janeiro, 1992 — United Nations Commission on Sustainable Development — Rio Declaration on Environment and Development — Principles for a Global Consensus on the Management, Conservation and Sustainable Development of All Types of Forests — Convention on Biological Diversity, 1992 — United Nations Framework Convention on Climate Change, 1992 — Colombian Law 1844 of 2017 approving Paris Agreement — Colombian Law 1753 of 2015 — Constitution of Colombia — Whether Colombia violating its obligations under international and national law — Whether defendants failing to protect 444applicants’ rights — Whether defendants violating Paris Agreement on Climate Change and Law 1753 of 2015Human rights — Right to a healthy environment — Environmental rights — Action of protection (“acción de tutela”) in Colombia to protect human rights — Article 86 of Colombian Constitution — Popular action (“acción popular”) to protect human rights — Article 88 of Colombian Constitution — Right to life expectancy — Environmental protection — Right to enjoy a healthy environment, life and health — Relationship of environment and ecosystem with fundamental rights of life and health, and with human dignity — Fundamental rights to access water, breathe clean air and enjoy healthy environment — Right not to be sick due to environmental degradation — Right to fresh water — Right to environmental sanitationEnvironment — Territory — Whether territories “subject of rights” — Prevalence of general interest — Duty to protect natural wealth of nation — Ecological function of private property — Natural parks as inalienable, imprescriptible and unattachable — Sustainable development — Collective rights and interests — Colombian Constitutional Court Judgment C-431 of 2000 — Amazon Cooperation Treaty, 1978 — Precautionary principle — Principle of intergenerational equity — Principle of solidarity — The law of Colombia

The UN Declaration on the Rights of Indigenous Peoples

2018 ◽  
Keyword(s):  
United Nations ◽  
International Law ◽  
Indigenous Peoples ◽  
Legal Status ◽  
Legal Norms ◽  
Collective Rights ◽  
Substantive Content ◽  
The United Nations ◽  
United Nations Declaration ◽  
The Individual

The rights of indigenous peoples under international law have seen significant change in recent years, as various international bodies have attempted to address the question of how best to protect and enforce their rights. The United Nations Declaration on the Rights of Indigenous Peoples (UNDRIP) is the strongest statement thus far by the international community on this issue. The Declaration was adopted by the United Nations on 13 September 2007, and sets out the individual and collective rights of indigenous peoples, as well as their rights to culture, identity, language, employment, health, education, and other issues. While it is not a legally binding instrument under international law, it represents the development of international legal norms designed to eliminate human rights violations against indigenous peoples, and to help them in combating discrimination and marginalisation. This commentary on the Declaration analyses both the substantive content of the Declaration and the position of the Declaration within existing international law. It considers the background to the text of every Article of the Declaration, including the travaux préparatoire, the relevant drafting history, and the context in which the provision came to be included in the Declaration. It sets out each provision's content, interpretation, its relationship with other principles of international law, and its legal status, and also discusses the significance and outlook for each of the rights analysed. The book assesses the practice of relevant regional and international bodies in enforcing the rights of indigenous peoples, providing an understanding of the practical application of the Declaration's principles.

Sign in / Sign up

Export Citation Format

Share Document