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Protection of the rights of Indigenous and Tribal Peoples in the face of climate emergency impacts
by EarthRights International
 
July 2025
 
The Inter-American Court of Human Rights (IACtHR) has issued Advisory Opinion OC-32/25 on “Climate Emergency and Human Rights,” at the request of Chile and Colombia. In the declaration, the IACtHR recognizes the climate emergency as an imminent and urgent reality, and establishes a legal framework for states to uphold the right to a healthy environment.
 
This marks the first time an international court has addressed the impact of the climate crisis on specific populations and affirmed the obligation to protect their rights.
 
Protecting Indigenous, Tribal, Afro-descendant, and Rural Communities
 
The IACtHR unequivocally declared that the current situation constitutes a climate emergency – one that severely threatens humanity and disproportionately harms the most vulnerable groups, including Indigenous and tribal peoples, Afro-descendant and rural communities.
 
The Advisory Opinion underscores the profound impacts of climate change on these populations, highlighting their vital connection to the environment and their key role in preserving ecosystems.
 
The IACtHR stressed that climate change exacerbates the vulnerability of certain populations due to pre-existing structural factors such as poverty and inequality. It emphasized that states must adopt differentiated measures to ensure equality in the provision of rights for Indigenous peoples, rural communities, Afro-descendants, children, and adolescents, who may suffer disproportionately from the crisis.
 
The IACtHR reaffirmed the obligation of states to guarantee the right to free, prior, and informed consultation with Indigenous, tribal, and rural communities – especially when projects may affect their territories, cultures, livelihoods, or other essential rights.
 
In cases of major impact, states must obtain their consent, respecting their customs and traditions. The IACtHR also emphasized the importance of involving these communities in decision-making processes that respond to the climate emergency and of valuing their traditional, local, and Indigenous knowledge.
 
Accordingly, states must take all necessary steps to respect and protect the rights of Indigenous people, particularly their land and cultural identity, and support the preservation and application of traditional, Indigenous knowledge relating to climate, the environment, and human rights.
 
Heightened Protection for Environmental Defenders
 
The Advisory Opinion recognizes that states have a special duty to protect environmental defenders, including Indigenous, Afro-descendant, rural, and women leaders who face heightened risks of censorship, threats, criminalization, and harassment for their essential work defending human rights in the context of the climate crisis.
 
The IACtHR calls on states to create or strengthen national protection programs, investigate and punish attacks, and counter the criminalization of environmental activism. Protection measures must take an intersectional approach that addresses the unique vulnerabilities of these groups.
 
“We call on states to act urgently and put an end to extractive activities causing irreversible harm. It is time for governments to show genuine commitment to life, to human rights, and to protecting those who defend their land and the environment. Climate justice cannot be delayed, humanity’s survival is at stake,” said Juliana Bravo Valencia, director of the Latin America office, EarthRights International.
 
We are deeply grateful to the 25 Indigenous, tribal, rural, and Afro-descendant communities and organizations from Alaska to the Amazon that worked with us to bring their claims before the IACtHR. Above all, we honor their deep knowledge of their territories, their courage in exposing the enormous impacts of the climate crisis on their lives, and their unwavering defense of nature.
 
* EarthRights International is a nonprofit organization that combines the power of law and the power of people in defense of human rights and the environment.
 
http://earthrights.org/media_release/inter-american-court-of-human-rights-climate-crisis-disproportionately-impacts-indigenous-and-tribal-communities-and-demands-urgent-state-action/ http://earthrights.org/protection-of-the-rights-of-indigenous-and-tribal-peoples-in-the-face-of-climate-emergency-impacts/


 


How collaborating with Indigenous communities can lead to meaningful climate action
by Dr Nicole Redvers
Wellcome Trust
Canada
 
July 2025
 
I’m a member of the Deninu Kue First Nation in the Northwest Territories in Canada. Growing up, I would often see a very particular looking sun called the smoke sun. This is when the sun appears red or orange as ash constantly falls from the sky during a wildfire.
 
We’re seeing the smoke sun more often these days as wildfires have become more common and exacerbated by climate change. In 2023 alone, the Northwest Territories’ region in Canada had 306 wildfires.
 
Indigenous communities like mine are among the most vulnerable to wildfires as we generally live closer to nature. We also don’t have appropriate infrastructure like air filtration systems or sealed buildings to keep out smoke. Many Indigenous Peoples have longstanding and repeated exposure to wildfire smoke for years, putting their health at risk.
 
But as it stands, there hasn't been sufficient investment in longitudinal and long-term studies around wildfire exposure to fully understand the impacts on our health.
 
So far, we only have some preliminary studies giving us an indication of the health risks of wildfires – for example, the potential cardiovascular and respiratory health impacts. How wildfires affect mental health is also substantially under-researched.
 
So, for millennia Indigenous Peoples have developed ways to mitigate wildfires and the health effects they bring. One of these strategies is a practice called cultural burning, also known as prescribed burns, controlled burns or beneficial burns. Now, we’re seeing scientific evidence that our traditional practice is effective.
 
Cultural burning is an Indigenous community-based practice where controlled fire is used to manage landscapes like forests. These work by reducing dried, flammable vegetation in a manageable way.
 
There’s a nuanced difference to the prescribed burns in a Western context. Prescribed burns are acutely for the purpose of preventing wildfires and use modern technology.
 
Indigenous-led cultural burning follows cultural objectives and uses slow, cool burns. It’s a fire you can walk beside. The practice is very family-centred and uses traditional fire ignition methods.
 
Techniques and strategies around the practice can vary depending on the landscape and the knowledge that has been passed down within an Indigenous community. For example, some might look for clues to determine the appropriate time for cultural burning. A clue can include checking whether berries are not as full and plump as they should be.
 
Colonisation eventually changed those practices. British Columbia, on the western part of Canada, was among the first to ban it in 1874. Provinces and many states in the US followed suit. There were also very strict fines for continuing to practice cultural burning within Indigenous communities.
 
But we’re now seeing increased interest around Indigenous traditional knowledge of cultural burning. What’s more, we’re seeing scientific evidence of its advantages and as a result better understanding of this traditional practice.
 
One research project, led by Dr Kari Nadeau from the Harvard T.H. Chan School of Public Health, observed the health of children exposed to wildfire compared to prescribed fire. The results showed air from wildfire smoke was much more toxic and that prescribed fire was not as risky for human health as originally thought.
 
The data from this research has since informed policymaking around adapting beneficial fire to prevent severe wildfires.
 
In Canada, the federal government and some provinces have started to partner with Indigenous Nations to bridge traditional knowledges and modern science. In 2022, California reversed a policy that banned cultural burning, supporting Tribes to mobilise the practice again.
 
This shows us the potential of bridging traditional knowledge with modern science – and how it can lead to meaningful action to mitigate the health impacts of climate change.
 
It's encouraging to see that science is finally catching up to what Indigenous Peoples have been saying for generations. But what we must take care to do next is ensure Indigenous Peoples are centred in forging a path forward.
 
There can often be a focus on Indigenous knowledges, but not Indigenous Peoples. The question has often been, ‘How can we integrate traditional knowledges into what we already know in Western science?’ But what about the other way around?
 
The knowledge does not come without the people. As science looks to Indigenous Peoples for ways to tackle the health impacts of climate change, it’s crucial to avoid extractive approaches. Establishing equitable partnership is key to achieving this.
 
Meaningful collaboration will also go a long way in research to understand the health impacts of wildfires – and to develop effective solutions. It’s an opportunity for researchers to include lived experience expertise such as those of Indigenous Peoples at every stage of their projects – and to do so the right way.
 
It’s not just about bringing Indigenous Peoples to the table. We need to reflect about what that table represents. Is it a Western table that Indigenous Peoples are invited to sit around? Ultimately, it’s about genuinely supporting Indigenous communities doing the things they have done for generations.
 
http://wellcome.org/news/how-collaborating-indigenous-communities-can-lead-meaningful-climate-action


 

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