Identifying rights-holders in natural resource regimes : a critical assessment of the Peruvian protected areas legislation
Faculty of Law
Hague Journal on the Rule of Law
, p. 135-154
University of Antwerp
One way of improving natural resource regimes would be through a more careful and consistent identification of rights-holders, with more explicit attention for the relationship between the rights of indigenous peoples and other local nonindigenous communities. This argument is illustrated with a critical analysis of the protected areas legislation in Peru, focusing on the right to consultation prior to the establishment of a protected area, and the rights to use and sustainably manage natural resources within protected areas. On the basis of both international human rights law and empirical data, it is suggested that limiting subsistence-related rights in protected areas to indigenous peoples could endanger the enjoyment of the right to food of the local non-indigenous population. Moreover, the extension of certain human rights that are currently only or mostly granted to indigenous peoples to the broader local population affected by a protected area, should be considered.