Isolated Should Not Mean Excluded: the Non-Derogable Status of Partıcıpatory Rıghts of Indıgenous People at the Tıme of the Covıd-19 Pandemıc

Francesca IPPOLITO

2021-01-01

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Abstract

In response to the current COVID-19 threat, most States have introduced restrictive measures which may be justified on the grounds of the usual provisions of human rights conventions relating to the protection of health, or may require derogations from the States’ obligations under those universal and regional treaties enshrining individual human rights which legally permit temporarily to suspend enshrined rights during national emergencies. Since restriction of or limitations on certain rights may have a disproportionate impact on the exercise of other rights by certain groups of people who are in more vulnerable situations, this article aims to look at the specific case of indigenous peoples through the lens of the Inter-American Commission of Human Rights’ Resolution No 1/2020. In particular it will discuss if the recognition of a non-derogable character of such a right should result from the statement that States should refrain from introducing legislation and/or moving forward to carry out production and/or extractive projects in the territories of indigenous peoples during such a pandemic period, given the impossibility of conducting prior informed and free consent processes (due to the recommendation of the World Health Organization, WHO, of adopting social distancing measures).