The recognition of indigenous peoples’ rights in the context of area protection and management in the Arctic

Masterarbeit , 2010 , 170 Seiten , Note: 9,5 ETCS

Jura - Andere Rechtssysteme, Rechtsvergleichung

The issue of increased human activities in the context of area protection and
management is of very high relevance, specifically with respect to the Arctic. Due
to climate change, which continues to be widespread in the Arctic, and in some
cases, dramatic, new prospects for economic development arise. Reduced sea ice,
for example, is very likely to increase marine transport and access to resources.
At the same time, the region is faced with numerous environmental challenges
like those of projected shifting of vegetation zones and wide-ranging impacts on
animal species' diversity, ranges, and distribution. On the base of these
developments, it is very likely that interests of maximum resource extraction and
energy production conflict with those of keeping the environment pristine. In
consequence, “an extension of natural reserves/wilderness parks both on land and
at sea might need to be considered as the price for letting local populations and
incomers enjoy more unrestrained development in the remaining areas”.
The Arctic is home to many indigenous peoples, including reindeer herders,
hunters, fishermen and nomads. They all share one common feature: their
dependency on a healthy environment to support their livelihoods and chosen
ways of life. They are the descendants of peoples who followed the retreating icecap in Europe, spread out over northern Siberia and the Russian Far East, and
crossed the Bering Strait some 4,000 years ago or more. Indigenous peoples are
particularly impacted by climate change because of their cultural and physical
dependence on the environment, and their frequent lack of access to the resources
necessary to avoid the impacts of detrimental changes in their environment. In
such a situation they might find themselves in the middle of those conflicting
interests described above: on the one hand, defending their environment from
external desirousness and from this point of view supporting the designation of
certain areas as especially protected for their livelihoods, on the other hand,
having an interest to participate in economic developments and to be engaged in
the exploration of natural resources. Against this background, indigenous
peoples' rights are of important significance in the context of area protection and
management in the Arctic.[...]

Inhaltsverzeichnis (Table of Contents)

• Chapter 1
  • Introduction
  • Background and aim of the research
  • Structure of the thesis and method of the research
  • Definitions
    • Area Protection and Management
    • Indigenous Peoples
    • Implementation
• Chapter 2
  • Indigenous peoples and area protection
  • Different perspectives - the exclusionary approach
  • A shift in paradigm
• Chapter 3
  • What are the most important indigenous peoples' rights in relation to area protection and management?
  • Right to self-determination
  • Rights to lands, territories and resources
  • Right to Full and Effective Participation
  • Principle of Free, Prior and Informed Consent (FPIC)
• Chapter 4
  • Recognition of indigenous peoples' rights in the human rights context
  • International Covenant on Civil and Political Rights (1966)
    • Right to self-determination
    • Rights to lands, territories and resources
    • The right to full and effective participation
    • Principle of Free, Prior and Informed Consent (FPIC)
  • Implementation of ICCPR indigenous peoples' rights in the context of area protection and management in national legislation
    • Finland
    • Norway
    • Russian Federation
    • Sweden
• Chapter 5
  • Recognition of indigenous peoples' rights in the environmental protection context
  • International conservation policy
  • Regional conservation policy - Area protection and management in the Arctic
  • The Convention on Biological Diversity (1992)
    • Indigenous peoples related provisions and programmes of work
    • The programme of work on protected areas and its relation to indigenous peoples
  • Implementation of CBD obligations in relation to indigenous peoples' rights in the context of area protection and management in national legislation and policies
    • Finland
      • The protected area system of Finland
      • Implementation of the CBD Programme of work on protected areas
    • Norway
      • The protected area system of Norway
      • Implementation of the CBD Programme of work on protected areas
    • Russian Federation
      • The protected area system of the Russian Federation
      • Implementation of the CBD Programme of work on protected areas
    • Sweden
      • The protected area system of Sweden
      • Implementation of the CBD Programme of work on protected areas

Zielsetzung und Themenschwerpunkte (Objectives and Key Themes)

This thesis explores the recognition of indigenous peoples' rights in the context of area protection and management in the Arctic. It aims to analyze how these rights are implemented in national legislation and policies, focusing on the human rights and environmental protection contexts. The thesis examines the legal frameworks in Finland, Norway, Russia, and Sweden, analyzing the interplay between different legal instruments and their practical application. Key themes explored in the thesis include:

• The evolving relationship between indigenous peoples and area protection in the Arctic.
• The most important indigenous peoples' rights relevant to area protection and management, including the right to self-determination, rights to lands, territories, and resources, the right to full and effective participation, and the principle of Free, Prior and Informed Consent (FPIC).
• The recognition of indigenous peoples' rights in the human rights context, specifically within the framework of the International Covenant on Civil and Political Rights (ICCPR).
• The recognition of indigenous peoples' rights in the environmental protection context, particularly in relation to the Convention on Biological Diversity (CBD) and its provisions for protected areas.
• The implementation of relevant international obligations within national legislation and policies, with specific examples from Finland, Norway, Russia, and Sweden.

Zusammenfassung der Kapitel (Chapter Summaries)

Chapter 1 introduces the research topic, outlining its background and objectives. It defines key terms such as "area protection and management," "indigenous peoples," and "implementation," providing a foundation for subsequent analysis. Chapter 2 explores the historical evolution of the relationship between indigenous peoples and area protection in the Arctic. It contrasts differing perspectives, highlighting the shift from exclusionary approaches to recognizing the rights of indigenous peoples in area management. Chapter 3 identifies and discusses the most important indigenous peoples' rights in relation to area protection and management. This chapter delves into the right to self-determination, rights to lands, territories, and resources, the right to full and effective participation, and the principle of Free, Prior and Informed Consent (FPIC). Chapter 4 examines the recognition of indigenous peoples' rights within the human rights context, focusing on the International Covenant on Civil and Political Rights (ICCPR). It analyzes how the ICCPR provisions related to self-determination, rights to lands, territories, and resources, full and effective participation, and FPIC are implemented in national legislation in Finland, Norway, Russia, and Sweden. Chapter 5 explores the recognition of indigenous peoples' rights in the environmental protection context. The chapter focuses on the Convention on Biological Diversity (CBD) and its provisions for protected areas, particularly as they relate to indigenous peoples. It further examines the implementation of these obligations within national legislation and policies in Finland, Norway, Russia, and Sweden.

Schlüsselwörter (Keywords)

The primary focus of this thesis is the recognition of indigenous peoples' rights in the context of area protection and management in the Arctic. Key terms include: indigenous peoples, area protection and management, self-determination, rights to lands, territories, and resources, full and effective participation, Free, Prior and Informed Consent (FPIC), international human rights law, International Covenant on Civil and Political Rights (ICCPR), environmental law, Convention on Biological Diversity (CBD), Arctic, Finland, Norway, Russia, and Sweden. The thesis aims to analyze the interplay of these concepts and their practical application in the context of Arctic governance.

• Veranstaltung: Master Programm „Polar Law“, Recht der Polarregionen (Arktis und Antarktis)
• Note: 9,5 ETCS
• Autor: Antje Neumann (Autor:in)
• Erscheinungsjahr: 2010
• Seiten: 170
• Katalognummer: V210366
• ISBN (eBook): 9783656382232
• ISBN (Buch): 9783656382867
• Sprache: Englisch
• Schlagworte: arctic