International Indigenous Land Rights: A Critique of the Jurisprudence of the Inter-American Court of Human Rights in Light of The United Nations Declaration on the Rights of Indigenous Peoples

Abstract

When the Declaration on the Rights of Indigenous Peoples was formally adopted by the United Nations General Assembly on September 13, 2007, the Inter-American human rights system already had a welldeveloped body of case law reflecting many of the principles enshrined in the Declaration. Since the adoption of the Declaration, the InterAmerican system has continued to expand its international indigenous jurisprudence. Much of the case law of the Inter-American Court of Human Rights (hereinafter, “Inter-American Court” or “Court”) supports the principles enshrined in the UN Declaration, but in other areas the Court has not been equally visionary. Especially in the area of natural resources on ancestral indigenous lands, the Court has taken a more conservative approach than did the UN Declaration, although the Court’s position is supported by other international bodies and commentators.

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