Environmental Engineering Reference
In-Depth Information
Development of the rights of indigenous peoples
A state is above all a creation of international law. International law defi nes the
criteria a state must meet and how they can be established. Many schools of
thought present the state as a natural political unit: we speak, for instance,
about the 'nation-state'. The state is hence justifi ed by being the organization
model of a natural political community - the 'nation'. In reality, a state often
comprises several peoples, as in Nigeria or Belgium.
One of the challenges for the international community is to consider
how natural resources should be administered; one of the major develop-
ments we have seen in recent years is the gradually increased legal status of
indigenous peoples. Already it can be argued that they have rights to terri-
tory and natural resources and the related obligations of environmental
protection.
The Charter of the UN already contains many references to peoples. It starts
dramatically by stating what 'We the peoples of the United Nations' undertake
for the sake of world peace and a better world. However, only recognized
states can be members of the UN. A similar paradox is contained in two of the
main principles in international law. First, the customary international law
principle of no-harm begins: 'States have the sovereign right to exploit
their natural resources according to their environmental and developmental
policies …'. 5 The two most important global human rights agreements,
the International Covenant on Civil and Political Rights (ICCPR) and the
International Covenant on Economic, Social and Cultural Rights (ICESCR),
state in their common Article 1 (items 1 and 2):
1
All peoples have the right of self-determination. By virtue of that right they
freely determine their political status and freely pursue their economic, social
and cultural development.
2
All peoples may, for their own ends, freely dispose of their natural wealth
and resources without prejudice to any obligations arising out of interna-
tional economic co-operation, based upon the principle of mutual benefi t,
and international law. In no case may a people be deprived of its own
means of subsistence.
'States', then, have the sovereign right to exploit their natural resources accord-
ing to their own environmental and developmental policies, while at the same
time 'peoples' may freely dispose of their natural wealth and resources for their
own ends. This contradiction can be eliminated by interpretation: one can argue
that 'state' and 'people' are roughly the same thing in this largely post-colonial
age. International law guarantees the right of self-determination, developed
specifi cally to help former colonies achieve independence; one by one, African
and Asian countries won their independence by demanding self-determination.
However, the issue is not quite that simple. The international bodies that
monitor human rights treaties have gradually started to signal to the global
 
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