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Protection of the rights of Indigenous and Tribal Peoples in the face of climate emergency impacts
by EarthRights International
 
The Inter-American Court of Human Rights (IACtHR) has issued Advisory Opinion OC-32/25 on “Climate Emergency and Human Rights,” at the request of Chile and Colombia. In the declaration, the IACtHR recognizes the climate emergency as an imminent and urgent reality, and establishes a legal framework for states to uphold the right to a healthy environment.
 
This marks the first time an international court has addressed the impact of the climate crisis on specific populations and affirmed the obligation to protect their rights.
 
Protecting Indigenous, Tribal, Afro-descendant, and Rural Communities
 
The IACtHR unequivocally declared that the current situation constitutes a climate emergency – one that severely threatens humanity and disproportionately harms the most vulnerable groups, including Indigenous and tribal peoples, Afro-descendant and rural communities.
 
The Advisory Opinion underscores the profound impacts of climate change on these populations, highlighting their vital connection to the environment and their key role in preserving ecosystems.
 
The IACtHR stressed that climate change exacerbates the vulnerability of certain populations due to pre-existing structural factors such as poverty and inequality. It emphasized that states must adopt differentiated measures to ensure equality in the provision of rights for Indigenous peoples, rural communities, Afro-descendants, children, and adolescents, who may suffer disproportionately from the crisis.
 
The IACtHR reaffirmed the obligation of states to guarantee the right to free, prior, and informed consultation with Indigenous, tribal, and rural communities – especially when projects may affect their territories, cultures, livelihoods, or other essential rights.
 
In cases of major impact, states must obtain their consent, respecting their customs and traditions. The IACtHR also emphasized the importance of involving these communities in decision-making processes that respond to the climate emergency and of valuing their traditional, local, and Indigenous knowledge.
 
Accordingly, states must take all necessary steps to respect and protect the rights of Indigenous people, particularly their land and cultural identity, and support the preservation and application of traditional, Indigenous knowledge relating to climate, the environment, and human rights.
 
Heightened Protection for Environmental Defenders
 
The Advisory Opinion recognizes that states have a special duty to protect environmental defenders, including Indigenous, Afro-descendant, rural, and women leaders who face heightened risks of censorship, threats, criminalization, and harassment for their essential work defending human rights in the context of the climate crisis.
 
The IACtHR calls on states to create or strengthen national protection programs, investigate and punish attacks, and counter the criminalization of environmental activism. Protection measures must take an intersectional approach that addresses the unique vulnerabilities of these groups.
 
“We call on states to act urgently and put an end to extractive activities causing irreversible harm. It is time for governments to show genuine commitment to life, to human rights, and to protecting those who defend their land and the environment. Climate justice cannot be delayed, humanity’s survival is at stake,” said Juliana Bravo Valencia, director of the Latin America office, EarthRights International.
 
We are deeply grateful to the 25 Indigenous, tribal, rural, and Afro-descendant communities and organizations from Alaska to the Amazon that worked with us to bring their claims before the IACtHR. Above all, we honor their deep knowledge of their territories, their courage in exposing the enormous impacts of the climate crisis on their lives, and their unwavering defense of nature.
 
* EarthRights International is a nonprofit organization that combines the power of law and the power of people in defense of human rights and the environment.
 
http://earthrights.org/media_release/inter-american-court-of-human-rights-climate-crisis-disproportionately-impacts-indigenous-and-tribal-communities-and-demands-urgent-state-action/ http://earthrights.org/protection-of-the-rights-of-indigenous-and-tribal-peoples-in-the-face-of-climate-emergency-impacts/ http://minorityrights.org/idrc-blog/


 


Recognition of Indigenous Peoples
by IWGIA, UN Office for Human Rights
 
International Work Group for Indigenous Affairs Statement at the 60th Session of the UN Human Rights Council:
 
"I speak on behalf of the International Work Group for Indigenous Affairs. First, allow me to congratulate Dr. Albert Barume on his appointment as Special Rapporteur on the Rights of Indigenous Peoples. We welcome his timely and insightful report on the recognition of Indigenous Peoples—a topic that is both foundational and urgent, especially as we approach the twentieth anniversary of the UN Declaration on the Rights of Indigenous Peoples.
 
Recognition is not symbolic, it is the cornerstone of the enjoyment of all rights by Indigenous Peoples. As the report rightly states: “Refusal by a State to recognize Indigenous Peoples… does not diminish the rights held by Indigenous Peoples” . Recognition is a legal and moral obligation under international law.
 
We commend the Special Rapporteur’s analysis of the adverse impacts of conflating Indigenous Peoples with local communities. This conflation creates confusion, rather than focus on the distinct collective rights of Indigenous Peoples including the right to self-determination as enshrined in the UNDRIP.
 
As the report warns, such confusion may undermine the distinct rights of Indigenous Peoples. IWGIA believes it is essential to maintain a clear distinction to prevent dilution and retrogression of Indigenous Peoples rights.
 
Indigenous Peoples have the right to self-identify as such. Non-recognition must never be used as an excuse to disregard their rights, which are clearly affirmed in international human rights frameworks, including the UN Declaration on the Rights of Indigenous Peoples (UNDRIP).
 
We welcome the regional contextualization of recognition of Indigenous Peoples in Africa and Asia. The report highlights how persistent misunderstandings continue to hinder recognition. The Special Rapporteur’s recommendations are vital to address these gaps and guide legal and policy reforms.
 
We also encourage the Special Rapporteur to consider “forced assimilation” as a future thematic focus. These practices continue to threaten Indigenous identities, cultures, and institutions. A thematic report could shed light on these violations and support States in adopting remedial measures.
 
As the mandate is up for renewal this year, we stress its continued relevance. For over two decades, it has played a pivotal role in advancing Indigenous Peoples’ rights. In today’s world, defending and protecting Indigenous Peoples rights is more crucial than ever.
 
Yet current financial constraints threaten its effectiveness. Budget cuts risk limiting its ability to respond to urgent human rights violations faced by Indigenous Peoples. We urge Member States to ensure adequate and sustained funding.
 
http://www.ohchr.org/en/documents/thematic-reports/ahrc6029-recognition-indigenous-peoples-report-special-rapporteur-rights http://iwgia.org/en/news/5835-iwgia-statement-60th-session-un-human-rights-council.html http://www.ohchr.org/en/stories/2025/09/report-foreign-aid-cuts-threaten-global-human-rights-ecosystem


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