Premium
Public participation, indigenous peoples’ land rights and major infrastructure projects in the Amazon: The case for a human rights assessment framework
Author(s) -
Pereira Ricardo
Publication year - 2021
Publication title -
review of european, comparative and international environmental law
Language(s) - English
Resource type - Journals
SCImago Journal Rank - 0.37
H-Index - 18
eISSN - 2050-0394
pISSN - 2050-0386
DOI - 10.1111/reel.12400
Subject(s) - indigenous , human rights , amazon rainforest , public participation , indigenous rights , environmental governance , context (archaeology) , political science , citizen journalism , latin americans , public administration , environmental justice , corporate governance , government (linguistics) , environmental planning , environmental law , environmentalism , economic growth , geography , business , law , politics , economics , ecology , linguistics , philosophy , archaeology , finance , biology
The recognition of land title and demarcation of indigenous peoples’ ancestral lands and the guarantee of the rights of consultation and free, prior and informed consent in the context of large infrastructure projects represent some of the major challenges for indigenous peoples and communities in the Amazon States. These challenges have been exacerbated by the election of the current Brazilian federal government in power since January 2019. Yet a significant development with the potential to strengthen participatory environmental governance in the region followed the adoption and entry into force in April 2021 of the 2018 Regional Agreement on Access to Environmental Information, Public Participation and Access to Justice in Latin America and the Caribbean. This article will argue that national environmental impact assessment and licensing procedures must integrate a human rights approach to project impact assessments to safeguard the protection of the environment and indigenous peoples’ fundamental rights.