ABSTRACT
This chapter focuses on the rights of indigenous peoples to both a healthy environment and to use of natural resources within their historic homelands. Traditional customary international law recognized only the rights of nation states, and, therefore, did not acknowledge the right of indigenous peoples to control their natural resources or enjoy a healthy environment. Early international human rights covenants and declarations did not provide indigenous peoples with specific environmental or natural resource rights, but contained the seeds for later protections. During the early 1990s, several environmental agreements recognized the general or non-binding principle that the environment and natural resources of indigenous peoples are entitled to protection to promote sustainable development. The Inter-American Commission on Human Rights (IACHR) determined that the Brazilian Government was liable for failing to take timely and effective measures in behalf of the Yanomami Indians to prevent the abuses alleged in the petition.
