The rights of indigenous or aboriginal people are generally challenged when their rights tend to clash with the interests or rights of non-indigenous people and/or with economic interests. A specific right, the right (duty in the Canadian context) to consult was created by the 169 ILO Convention with the purpose of facilitating a compromise between the State and the potentially affected indigenous community. The United Nations Declaration on the Rights of Indigenous Peoples and the decisions from the IACtHR have created a framework on how this right should be enforced by States parties to the American Convention on Human Rights.
Questions:
- Does a negative answer of the Indigenous people to carry extractive projects in their territory should be binding and final upon the State?
- Who should have the ultimate decision? Would you consider any exceptions to your answer?
Sample Solution
