Indigenous peoples and litigation: strategies for legal empowerment

Abstract

Across the globe indigenous peoples are increasingly using litigation to seek remedies for violation of their fundamental human rights. The rise of litigation is to be placed in the larger context of increased land grabbing, exploitation of natural resources, and the general lack of recognition of indigenous peoples’ rights at the national level. This lack of legal rights is usually coupled with a lack of political will to address the issues faced by indigenous peoples, often leading to serious human rights violations, leaving indigenous advocates with few options but to turn to courts as a last resort to seek remedies. This article examines some of the issues faced by indigenous peoples and their advocates when engaging in human rights litigation. The goal is to offer a practice-based reflection on the encounter between courts and indigenous peoples with a specific focus on analysing strategies to support indigenous peoples’ legal empowerment. This is particularly important knowing the technicalities, externalities and complexities of the process of litigation, and the fact that many decisions do not get implemented. In this context this article explores how the process of litigation in itself can support legal empowerment and the wider fight for justice.

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ORCID for Jeremie Gilbert: orcid.org/0000-0003-1377-3494

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