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When Drills And Pipelines Cross Indigenous Lands In The Americas, Guillermo J. Garcia Sanchez
When Drills And Pipelines Cross Indigenous Lands In The Americas, Guillermo J. Garcia Sanchez
Faculty Scholarship
From the Missouri River, passing through the Sonora Desert, all the way down to the Amazon Forest and the Andean Mountains, drills and pipelines are crossing over indigenous lands. In an energy-thirsty continent, there is no land left to spare, not even tribal land. Many of these energy infrastructure projects involve international investments that are protected by treaties and enforced by arbitral tribunals. At the same time, tribal communities have an internationally recognized right to receive prior and informed consultation before they are affected by projects of this nature. The Article focuses on the clash of rights between energy extraction …
Cle Working Paper No.1/2021--Grassroots And Litigation-Based Approaches To Advancing Indigenous Rights: Lessons From Extractive Industry Resistance In Mesoamerica, Justin Wiebe
Centre for Law and the Environment
Indigenous peoples are frequently recognized as excellent stewards of their traditional territories. These territories, which often exhibit extraordinary levels of biodiversity, face disproportionate and growing threats from extractive industry. In opposing these threats, Indigenous peoples increasingly rely on internationally-defined Indigenous rights, including those set out in UNDRIP and ILO Convention 169. It is uncertain, however, how these rights are most effectively advanced. In this paper, I tease out strategies — both grassroots-based and litigation-based — that show promise in this regard. Drawing on Waorani resistance to an oil auction in Ecuador and Indigenous resistance to a large-scale mining project in …