The principle of permanent sovereignty of indigenous peoples over resources in their territories

Abstract

The need for States to access natural resources in indigenous territories has led to confrontations between different rights and principles established in Public International Law. The purpose of the present article is to analyze the conflicts between the principle of permanent sovereignty over natural resources and the right of indigenous peoples to self-determination.  On the one hand, the principle of permanent sovereignty over natural resources is a means to guarantee a State’s access to resources to drive their development model.  On the other hand, the right to self-determination allows indigenous peoples to access the resources necessary for their economic, social and cultural development.  The implementation of extractive projects in indigenous territories has resulted in the deprivation of their territory as well as the limitation of access to resources, including those indispensable for subsistence.  This has significantly undermined their right to freely determine their own development model, and even to warrant their survival as indigenous peoples.  Given this reality, the article raises the idea of ​​an inclusive and not only exclusive sovereignty of the State, through which indigenous peoples may secure and protect their access to the necessary resources for their development.