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23 Apr 2013

Dr Jérémie Gilbert, Rights as Usual blog

Indigenous peoples, Consultation and Mining: Lessons from the Supreme Court of India

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On the 19th of April, the Supreme Court of India rendered a significant decision touching upon the connection between governments, corporations and the rights of local communities in the context of mining…The decision is significant not only for India but also globally as it touches on the important issue of the rights of the local communities to be consulted whenever mining is taking place in the area where they live. Significantly, the decision of the judges to make the consultation and the consent of the local population a requirement before the government gives its consent for mining is based not only on specific Indian laws but also on international law. The judges referred to the International Labour Organization (ILO) Convention on Indigenous and Tribal Populations (Convention no. 107), the United Nations Declaration on the Rights of Indigenous Peoples (UNDRIP), the Convention on Biological Diversity, and the Rio Declaration on Environment and Development (Agenda 21)…