Erring on the Side of Indigenous peoples

Abstract

The recognition of indigenous peoples’ right to participate in decision-making is one of the most important developments in international law, enabling them to use their knowledge and influence the adoption of measures that could affect them. However, due to a narrow approach to indigenous participation, states often disregard this knowledge, thus moving forward without having full certainty about potential effects on indigenous peoples’ environment and livelihood. In this context, there is a role for the precautionary principle, by which states must avoid the materialisation of non-negligible harm in situations of scientific uncertainty. Yet, this principle has been shaped by a conventional understanding of ‘science’, inadequate to deal with these risks and uncertainties involving socio-cultural aspects beyond conventional sciences. Considering this, I argue that the adoption of effective precautionary measures requires relying on another relevant form of knowledge, traditional knowledge, expanding this notion of ‘science’ and strengthening indigenous peoples’ participatory rights.