Indigenous led biodiversity litigation in the extractives context

Litigation focusing on advancing Indigenous Peoples’ rights, or provision of remedy where these rights have been impacted, often relies on a combination of legal frameworks and principles across international environmental law, international human rights law, biodiversity law and national indigenous rights law. This is apparent in the extractives context where Indigenous Peoples have sought to challenge the continued violations and a constant lack of recognition of their rights, whilst also simultaneously advancing the protection of biodiversity. Some cases have focused on failures to consult, whilst others have focused on impacts to Indigenous Peoples’ rights, as well as biocultural rights and the rights of nature. This article discusses five cases where Indigenous People have litigated for the protection of biodiversity in the extractive context and further explores the potential to advance the interpretation of legal principles and obligations in order to protect both human life and the planet we inhabit.