Jus Post Bellum and Protection of Indigenous Peoples

Summary, in English

In this chapter, I examine the international law protecting the rights of indigenous peoples regarding the environment they inhabit during the aftermath of armed conflict (post-conflict) and how it sits with the larger framework of applicable law in post-conflict – the corpus of jus post bellum. I map out the legal landscape by looking at indigenous peoples’ rights in human rights law and international environmental law. While there are international obligations in place to respect indigenous peoples’ rights to their ancestral environment, the enforcement of them is lagging behind. This is particularly true in situations of armed conflict when states often enable derogations from certain laws due to a state of emergency or lack domestic institutions. However, the end of an armed conflict implies an opportunity to build structures that can ensure the respect for the indigenous peoples’ rights as part of the peacebuilding activities. At the same time, post-conflict-situations could pose a risk for vulnerable indigenous communities to be marginalised throughout the peace process if they are not involved. In such cases, they risk losing access to their environment as peace can lead to opening the society to new development projects that may require expropriation of land of indigenous peoples without prior consultation or consent. This is particularly a risk as indigenous territories are usually rich in biological diversity and valuable natural resources. Instead, these areas could be turned into protected areas. This may profit indigenous peoples, but only if the indigenous peoples concerned are consulted and active participants in the projects. As history has shown, conservation projects could otherwise be another reason for state expropriation of indigenous land and forced displacement of the indigenous communities. I look at two states transitioning from conflict to peace, namely, Colombia and the Democratic Republic of the Congo (DRC) to examine the involvement of the indigenous peoples throughout the transition. In both states, hostilities have taken place in indigenous territories and adversely affected the indigenous communities. I study how the law can protect the indigenous communities and safeguard their environment in these states.

• Author: Britta Sjöstedt
• Editor: Carsten Stahn; Jens Iverson
• Department/s: Department of Law; Environmental Law; Public International Law
• Publishing year: 2020
• Language: English
• Publication/Series: The Justice of Peace and Jus Post Bellum
• Document type: Book chapter
• Publisher: Oxford University Press
• Topic: Law
• Keywords: Public international law; Folkrätt
• Status: Published
• Research group: Environmental Law; Public International Law
• ISBN/ISSN/Other: ISBN: 9780198823285