Erring on the Side of Indigenous peoples

Ojeda-Zavala N.

Keywords: indigenous peoples; precautionary principle; scientific uncertainty; traditional knowledge

Abstract

The recognition of indigenous peoples' right to participate in decision-making is one of the most important developments in international law, enabling them to use their knowledge and influence the adoption of measures that could affect them. However, due to a narrow approach to indigenous participation, states often disregard this knowledge, thus moving forward without having full certainty about potential effects on indigenous peoples' environment and livelihood. In this context, there is a role for the precautionary principle, by which states must avoid the materialisation of non-negligible harm in situations of scientific uncertainty. Yet, this principle has been shaped by a conventional understanding of 'science', inadequate to deal with these risks and uncertainties involving socio-cultural aspects beyond conventional sciences. Considering this, I argue that the adoption of effective precautionary measures requires relying on another relevant form of knowledge, traditional knowledge, expanding this notion of 'science' and strengthening indigenous peoples' participatory rights.

Más información

Título según SCOPUS: Erring on the Side of Indigenous peoples
Título de la Revista: Nordic Journal of International Law
Volumen: 91
Número: 3
Editorial: Brill Nijhoff
Fecha de publicación: 2022
Página final: 508
Idioma: English
DOI:

10.1163/15718107-91030008

Notas: SCOPUS