39
121.
The Inter-American Commission has applied these principles in different contexts,
including in connection with infrastructure or development mega projects, such as highways,
canals, dams, ports, and similar projects, as well as to concessions for the exploration or
exploitation of natural resources in ancestral lands that may have an especially profound effect on
indigenous peoples by endangering their territories and ecosystems located therein, particularly
when the ecological fragility of their territories is combined with their demographic weakness.216
For that reason, the IACHR has highlighted the connection between the potential negative effects of
certain development plans and projects in indigenous or tribal territories, as well as of natural
resource exploration and exploitation concessions, and potential violations of multiple individual
and collective human rights.217
122.
The IACHR has also considered that the environmental damage that can be caused
by natural resource exploration or exploitation concessions exacerbates the violations of communal
property rights, rendering the violating authorities internationally liable.218 In this regard, the
IACHR has reiterated that it “acknowledges the importance of economic development for the
prosperity of the populations of this Hemisphere.”219 “[A]t the same time, development activities
must be accompanied by appropriate and effective measures to ensure that they do not proceed at
the expense of the fundamental rights of persons who may be particularly and negatively affected,
including indigenous communities and the environment upon which they depend for their physical,
cultural and spiritual well-being.”220
(i)(a) Established by law, necessary, proportional, and legitimate
123.
Similarly, the Inter-American Court of Human Rights has established that in the
event of restrictions or limitations on the exercise of the indigenous peoples’ property rights over
…Continuation
Indigenous Communities of the Toledo District (Belize), October 12, 2004, para. 142; IACHR, Access to Justice and Social
Inclusion: The Road Towards Strengthening Democracy In Bolivia. Chapter IV, Rights of Indigenous Peoples and Peasant
Communities, paragraph 248; IACHR, Indigenous and Tribal Peoples’ Rights Over Their Ancestral Lands and Natural Resources.
Norms and Jurisprudence of the Inter-American Human Rights System. OEA/Ser.L/V/II.Doc.56/09, December 30, 2009, Chapter
IX.
216
IACHR, Third Report on the Situation of Human Rights in Colombia. Doc. OEA/Ser.L/V/II.102, Doc. 9 rev. 1, February
26, 1999, paras. 33-35.
217
For example, these have concluded that the right to live in dignity is violated when development projects cause
environmental pollution and harmful effects on basic subsistence activities, affecting the health of the indigenous and tribal
peoples in the territories where those projects are carried out. IACHR, Access to Justice and Social Inclusion: The Road Towards
Strengthening Democracy In Bolivia. Doc. OEA/Ser.L/V/II, Doc. 34, June 28, 2007, para. 250. In particular, mention was made of
“adverse effects on health and production systems; changes in domestic migration patterns; a decline in the quantity and
quality of water sources; impoverishment of soils for farming; a reduction in fishing, animal life, plant life, and biodiversity in
general, and disruption of the balance that forms the basis of ethnic and cultural reproduction.” These constitute violations of
the human rights of the indigenous peoples living in the places where projects to extract mining, timber, or oil are conducted.
IACHR, Follow-up report - Access to Justice and Social Inclusion: The Road Towards Strengthening Democracy In Bolivia. Doc.
OEA/Ser/L/V/II.135, Doc. 40, August 7, 2009, paragraph 158.
218
IACHR, Report No. 40/04, Case 12.053, Maya Indigenous Communities of the Toledo District (Belize), October 12,
2004, paragraph 148.
219
IACHR, Report No. 40/04, Case 12.053, Maya Indigenous Communities of the Toledo District (Belize), October 12,
2004, paragraph 150.
220
IACHR, Report No. 40/04, Case 12.053, Maya Indigenous Communities of the Toledo District (Belize), October 12,
2004, paragraph 150.