chapter  5
20 Pages

Indigenous rights in the marine Arctic

ByRachael Lorna Johnstone

This chapter demonstrates that hydrocarbon development in the marine Arctic can be undertaken in a manner compatible with indigenous rights, and identifies the key considerations that help to ensure that activities are compliant with international law. It explores the rights of indigenous peoples in light of the UN Declaration on the Rights of Indigenous Peoples (UNDRIP), treaty law, and jurisprudence of human rights courts and monitoring committees. The key consideration is the right of indigenous peoples to self-determination – control over their own affairs and resources. Responsibility to facilitate self-determination is borne by states, but private operatives should also seek to understand its implications to avoid getting caught up in disputes. Land rights, resource governance, rights to property, culture, food and health are the main substantive rights at stake. They are complemented by procedural 85rights to information; consultation and participation or free, prior and informed consent; compensation; and benefit-sharing.