Tag Archives: participation

Indigenous Rights and the Environment: Evolving International Law (C. Metcalf)

Author

Cherie Metcalf

Keywords

indigenous rights, international law, international environmental law, environmental rights, cultural integrity model, self-determination, recognition, autonomy, state sovereignty, participation, sustainability, sustainable environmental management

Abstract

This paper explores the relationship between indigenous peoples’ rights in international law and international environmental law. Two models underlie the protection of indigenous environmental rights. A “cultural integrity” model recognizes indigenous peoples’ environmental rights as a corollary to the protection and preservation of indigenous culture. In the alternative ‘self-determination” model, indigenous peoples’ environmental rights flow from their recognition as distinct communities with an inherent degree of autonomy and control over their own development. Both models have the potential to transform international environmental law. Recognition of indigenous peoples’ rights allows principles of international environmental law to pierce the veil of state sovereignty. The cultural integrity model offers the potential to broaden the legal framework of international environmental law
through the inclusion of human rights instruments. The self-determination model may lead to indigenous peoples’ independent participation in international agreements addressing environmental concerns. There is a crucial difference between the models. The cultural integrity model incorporates a connection between indigenous rights and sustainable environmental management while the self-determination model is based on indigenous peoples’ right to choose their own environmental policy. There is no inherent relationship between recognition of indigenous rights and sustainable environmental management in the latter model. The implications for international environmental law are more uncertain.

Citation

(2003) Ottawa Law Review 35 (1) 103-40

Paper

Indigenous Rights and the Environment: Evolving International Law 

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The Human Right to a Clean, Balanced and Protected Environment (J. Symonides)

Author

Janusz Symonides

Keywords

Human Right to a Healthy Environment, International Law, Domestic Law, Education, Participation, Recourse and Sanctions, International Protection

Excerpt

Since the December 1968 General Assembly’s resolution in which for the first time the United Nations admitted the linkage between environmental protection and human rights and expressed concern that environmental changes could have various (negative) implications for basic human rights, this question has been vividly discussed on many occasions. […]

Today nobody can put in doubt this intimate linkage, as well as the serious impact of the environmental protection on human rights. However, the following question arises: can we already speak about the existence of a human right to a clean, balanced and protected environment? And if the answer is positive, what are the conditions for its implementation?

Citation

(1992) 20 The International Journal of Legal Information 24

Paper

The Human Right to a Clean, Balanced and Protected Environment

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Payment for ‘ecosystem services’ and the ‘green economy’: green-washing or something new? (K. Wilkinson)

Author

Kate Wilkinson

Keywords

ecofeminism, green economy, payment for ecosystem services, ecosystems, environment, capitalism, free market, economics, REDDES, REDD+, UNFCCC, ITTO, forests, natural resources, gender, participation

Abstract

Using an ecofeminist critical analysis, this paper examines the extent to which two forest-related ‘payments for ecosystem services’ (PES) schemes maintain a mainstream anti-nature and exploitative conceptualization of human/nature relationships. It does so by integrating various ecofeminist themes to analyse the two PES schemes and to assess the extent to which they can protect women and nature while marketizing and commodifying the environment. The author examines the justifications for integrating PES into a green economy, including the proposed benefits resulting from the implementation of PES, and safeguards ensuring the inclusion and participation of local communities. The author concludes that an ecofeminist examination highlights the inherently exploitative nature of PES and its continuation of the currently exploitative free market paradigm.

Citation

(2014) 5/2 Journal of Human Rights and the Environment 168-191

Paper

Payment for ‘ecosystem services’ and the ‘green economy’: green-washing or something new?

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Citizen Participation in the Environmental Impact Assessment Process in Guyana : Reality or Fallacy? (M.L. Bynoe)

Author

Mark Lancelot Bynoe

Keywords

Assessment, citizen, development, environmental, Guyana, impact, law, participation, permit, plan

Abstract

Since June 1996, Environmental Impact Assessments (EIAs) have become mandatory in Guyana for all projects anticipated to have significant impacts on the environment. Furthermore, the law, i.e. the Environmental Protection Act, that brought this stipulation into being also identifies formal channels by which citizens are expected to participate from project conception through to the resolution of conflicts. However, while the Act is explicit with regards to citizen participation, the modalities by which they can participate effectively have been operating less than optimally.

Thus, this paper seeks to examine what the law states about citizen participation and to take a critical look at the participation process in Guyana. It utilises mainly secondary sources and the authors experience in the field to determine that a lack of innovation in the participation process is conspicuously absent. Furthermore, the participation process is conducted differently for most development vis-à-vis investment projects.

The paper therefore posits as one of its main recommendations, the need for a structured citizen participation plan to improve the involvement of the stakeholders, and modus operandi that are culturally appropriate that will allow for more substantive feedback and less cynicism of the process.

Citation

(2006) 2(1) Law, Environment and Development Journal 34

Paper

Citizen Participation in the Environmental Impact Assessment Process in Guyana : Reality or Fallacy?

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Anchoring Homes, UN-HABITAT’s People’s Process in Aceh & Nias after the Tsunami (UN-HABITAT/UNDP)

Author(s)

UN-HABITAT/UNDP

Keywords

Participation, Natural disasters, Risk, Adaptation, Mitigation

Abstract

Rebuilding personal and collective confidences through a participatory process takes time, especially amidst the massive personal tragedy of lost loved ones, personal assets and livelihoods. This photo and film documentation is testimony of all that we have all learned during the past two years. As a testimony, we hope it can be an inspiring tool for any person or institution overcoming a future disaster.

Citation

UN-HABITAT/UNDP, Anchoring Homes, UN-HABITAT’s People’s Process in Aceh and Nias after the Tsunami(UN-HABITAT/UNDP, 2007)

Report

Anchoring Homes, UN-HABITAT’s People’s Process in Aceh and Nias after the Tsunami

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