Self-paced course
Negotiating Impact and Benefit-Sharing for Indigenous Peoples and Local Communities
Module 2: Deciding to Negotiate: Understanding Rights and Legal Frameworks Lesson 1: Understanding the Rights of Indigenous Peoples and Local Communities
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Welcome to Lesson 1
Welcome to Lesson 1 of the Indigenous Peoples and Local Communities, Negotiations and Benefit-Sharing Agreements self-paced course.
This lesson is divided into four sections. To make the most out of your learning experience, you’ll need to complete each section before moving on.
Get ready to learn about Indigenous and local community rights: what they are and why they matter and Indigenous and local community rights and legal frameworks. Click below to begin!
Lesson 1 overview
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Section 1:
2 min
Start
Introduction
Section 2:
Indigenous and local community rights
10 min
Start
Section 4:
Section 3:
Conclusion
Indigenous and local community rights and legal frameworks
3 min
Start
10 min
Start
Introduction
Welcome to Module 2 Lesson 1 of the course on Negotiating Impact and Benefit-Sharing for Indigenous Peoples and Local Communities. In this lesson you will learn about what Indigenous and local community rights mean and why understanding rights is the essential first step before deciding to negotiate.
The importance of understanding rights for negotiations
Up next
The importance of understanding rights for negotiations
Before starting any negotiation involving Indigenous Peoples and local communities, it is essential to understand the existing rights that support their positions and the applicable legal frameworks on Indigenous and local community rights, both from an international and national perspective. Communities who are informed about their rights are better equipped to engage in negotiations and defend their interests. Therefore, it is important that Indigenous and local communities, as well as all stakeholders (public and private) with influence over development projects and policies are informed about the context and practical application of their rights. Community allies and supporting organizations should also be well prepared on these topics, so they can effectively assist communities during negotiation processes when they play a role in them.
Lesson 1 overview
Section 1 completed
References
Section 1:
2 min
Completed
Introduction
10 min
Start
Section 2:
Indigenous and local community rights
Section 4:
Section 3:
Conclusion
Indigenous and local community rights and legal frameworks
3 min
Start
10 min
Start
What are Indigenous rights?
Indigenous rights refer to the collective and individual rights held by Indigenous Peoples, grounded in their cultural, spiritual and historical relationships to land, resources and governance. These rights are recognized in national constitutions of many countries and in international legal frameworks. They include self-determination, control over their territories and resources, and the right to practice their culture, language and religion without discrimination. They protect Indigenous Peoples’ capacity to maintain their ways of life, govern their territories and fight for ongoing injustices.
Recognizing the rights of local communities
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References
Recognizing the rights of local communities
As you have learned in the previous module, local communities are highly diverse. They may not identify as Indigenous but often share similar relationships with their territory and natural resources – such as the case of forest-dependent communities, artisanal freshwater fishers and pastoralist communities. Local communities also hold legitimate rights to participate in decisions, manage resources and benefit from their lands, and many international and national mechanisms aim at strengthening these protections.
Indigenous Peoples have specific rights under international law and, in some cases, at the domestic level. But in the case of non-Indigenous local communities, their rights are not always defined in a specific framework. However, in some contexts, certain Indigenous rights and standards may also be applied to other local communities. Therefore, it remains essential to take into account the national and international regimes that may offer protection to local communities, considering each country’s context and legal system.
Note: In this course, the use of the term Indigenous rights is not meant to overlook the rights of local communities and it does not exclude the possibility that Indigenous rights may also apply to them, depending on the context.
Why Indigenous and local community rights matter
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Why Indigenous and local community rights matter
Although Indigenous Peoples and local communities vary widely across the world, they share common struggles rooted in historical injustices. Many continue to face systematic discrimination, marginalization and dispossession of their lands and resources. Until today, these challenges persist as Indigenous Peoples experience ongoing human rights violations and strong pressure from development and resource extraction activities that threaten their cultures and ways of life. Ensuring the recognition and protection of their rights is therefore not only a legal obligation but also a matter of justice and dignity.
Learn more
The disproportionate impact of COVID-19 on the rights of Indigenous Peoples
Review this report on the rights of Indigenous Peoples, prepared by the United Nations High Commissioner for Human Rights.
Learn more
Examples of human rights violations faced by Indigenous Peoples and local communities
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References
Examples of human rights violations faced by Indigenous Peoples and local communities
Eviction from traditional lands: Indigenous Peoples are frequently displaced from lands they have inhabited for generations, often to make way for mining, logging or infrastructure projects – in many situations without consent or compensation.
Restricted access to basic services: many Indigenous communities face barriers to education, healthcare and housing, reinforcing cycles of poverty and inequality.
Violence against Indigenous human rights defenders: Those who stand up to protect Indigenous rights frequently face intimidation, harassment and violence. In many cases they are even killed.
Cultural erosion and assimilation pressure: without protection, Indigenous languages, traditions and knowledge systems are at risk of disappearing due to neglect and forced assimilation.
Watch this short video featuring an Indigenous activist from the Philippines, who shares the ongoing rights violations faced by Indigenous communities and how they can organize to reclaim their rights through collective action: Ending land discrimination with Indigenous Peoples Rights International.
Video
Lesson 1 overview
Section 2 completed
References
Section 1:
2 min
Completed
Introduction
10 min
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Section 2:
Indigenous and local community rights
10 min
Start
Section 3:
Indigenous and local community rights and legal frameworks
Section 4:
Conclusion
3 min
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Indigenous and Tribal Peoples Convention (ILO Convention No. 169)
To strengthen the recognition and protection of these rights, specific legal instruments were developed to set clear international standards. Among the most significant is the Indigenous and Tribal Peoples Convention No. 169 of the International Labour Organization (ILO), an international treaty adopted in 1989. It is a legally binding international convention specifically dedicated to the rights of Indigenous and tribal peoples, and it created binding obligations for countries that ratify it. This means that the convention becomes a law in the country that endorsed and internalized it in its domestic regime.
ILO Convention No. 169 recognizes that Indigenous and tribal peoples have distinct identities, cultures, institutions and ways of life, and that they must have the right to maintain and develop these characteristics freely. The Convention covers a wide range of collective and individual rights across several areas, such as development, customary laws, lands, territories and resources, employment, education and health. As of 2025, 24 countries have ratified ILO Convention No. 169, and Latin America is the region with the highest number of ratifications.
Access the full ILO Convention No. 169 and learn more about the rights of Indigenous Peoples and local communities it protects, as well as the obligation of States to uphold these rights.
Read more
Who does the ILO Convention No. 169 apply to?
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References
Who does the ILO Convention No. 169 apply to?
It is important to remember that ILO Convention No. 169 also applies to individuals, groups and communities that may not identify as Indigenous but “whose social, cultural and economic conditions distinguish them from other sections of the national community, and whose status is regulated wholly or partially by their own customs or traditions or by special laws or regulations” (Article 1, 1.a).
These groups are referred to in the Convention as “tribal peoples.” This term was introduced to distinguish Indigenous Peoples (those present in the territory prior to colonization) to other communities who also hold the collective right to exist and live in their territories according to their own self-identification. It is worth noting that the Inter-American Court of Human Rights (IACHR) has also recognized the broad adoption of these criteria, as in the Saramaka vs. Suriname case, where the Court applied this category to the Saramaka people, who identify as Maroon.
Read more
Example – Application of ILO Convention No. 169 in Brazil
The United Nations Declaration on the Rights of Indigenous Peoples (UNDRIP)
Up next
Learn more about the concept of local communities under the Convention of Biological Diversity (CBD) and explore a Brazilian case study.
References
The United Nations Declaration on the Rights of Indigenous Peoples (UNDRIP)
The United Nations Declaration on the Rights of Indigenous Peoples (UNDRIP) is the most comprehensive and widely recognized international framework protecting Indigenous collective and individual rights. Adopted by the United Nations Assembly in 2007, it sets minimum standards for the survival and well-being of Indigenous peoples globally. The Declaration elaborates on existing human rights standards and fundamental freedoms as they apply to the specific situation of Indigenous Peoples. The UNDRIP affirms that Indigenous rights are inherent, not granted by states, and that these rights must be respected in accordance with principles of justice, democracy and human dignity.
Although the implementation of UNDRIP varies, since it is not legally binding, it includes principles that are recognized in binding instruments of international law. It also serves as an important guide for States and Indigenous Peoples in shaping laws and policies that affect Indigenous rights and help address their claims.
Read more
If you’d like to dive deeper, you can access the full United Nations Declaration on the Rights of Indigenous Peoples (UNDRIP)
Watch this short video and learn more about the United Nations Declaration on the Rights of Indigenous Peoples (UNDRIP) and its importance for Indigenous Communities around the world.
Video
American Declaration on the Rights of Indigenous Peoples (ADRIP)
Up next
Learn more about the concept of local communities under the Convention of Biological Diversity (CBD) and explore a Brazilian case study.
References
American Declaration on the Rights of Indigenous Peoples (ADRIP)
Adopted by the Organization of the American States (OAS) in 2016, the American Declaration on the Rights of Indigenous Peoples (ADRIP) is a landmark regional instrument that reaffirms and expands the recognition of Indigenous rights in the Americas. It builds on global standards, such as the United Nations Declaration on the Rights of Indigenous Peoples (UNDRIP) but adapts them to the political, legal and cultural realities of the American continent.
While the Declaration is not a legally binding instrument, it carries strong moral and political significance and serves as a framework for action among OAS member States. It encourages governments to align national laws and policies with the principles it contains and provides Indigenous Peoples with a regional platform to advocate for the implementation of their rights.
Explore the full text of the American Declaration on the Rights of Indigenous Peoples (ADRIP).
Read more
Indigenous rights as human rights
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References
Indigenous rights as human rights
Indigenous rights are not separate from or secondary to human rights – they are human rights. Like all people, Indigenous individuals and communities are entitled to human rights. What distinguishes Indigenous rights is that they also reflect the collective identity, culture and connection to land that are central to Indigenous Peoples’ ways of life. Recognizing Indigenous rights as human rights means acknowledging that the specific experiences and needs of Indigenous Peoples require protection under both general and specialized legal frameworks.
The rights of Indigenous Peoples under international law have evolved from broader human rights frameworks to address their specific circumstances and priorities. These rights also clarify the specific conditions that must be recognized for Indigenous Peoples to fully enjoy universal human rights. For instance, the United Nations Declaration on the Rights of Indigenous Peoples (UNDRIP) highlights the need to respect Indigenous cultures and languages to ensure equal access to education and other fundamental rights.
Video
Watch this short video that explains where human rights came from, what they mean and why they matter to everyone.
The United Nations Declaration on the Rights of Peasants and Other People Working in Rural Areas (UNDROP)
Up next
Learn more about the concept of local communities under the Convention of Biological Diversity (CBD) and explore a Brazilian case study.
References
The United Nations Declaration on the Rights of Peasants and Other People Working in Rural Areas (UNDROP)
The United Nations Declaration on the Rights of Peasants and Other People Working in Rural Areas (UNDROP) was adopted by the United Nations in 2018 and it is a milestone in recognizing the rights and contributions of rural populations around the world. The Declaration affirms that peasants and other people living in rural areas play a vital role in ensuring food security and conserving biodiversity. It also acknowledges that these communities often face systemic discrimination, poverty, land dispossession and environmental degradation. To address this, UNDROP establishes their rights to access and use the land and natural resources present in their communities, to the conservation and protection of biodiversity, to food sovereignty, as well as to participate in decision-making processes that affect their lives and territories.
Importantly, the UNDROP applies to roughly one-third of the world’s population, making it (potentially) one of the most wide-reaching human rights instruments. It is directly relevant to addressing the climate crisis, biodiversity loss and energy transition, as rural communities are on the frontlines of both the impacts and the solutions to these global challenges. It is important to note that the Declaration also applies to Indigenous Peoples and local communities that are engaged in the mentioned rural activities.
Video
Watch this short video and learn more about the UNDROP.
Lesson 1 overview
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References
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Introduction
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Section 2:
Indigenous and local community rights
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Conclusion
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Indigenous and local community rights and legal frameworks
Key takeaways
- Understanding the national and international frameworks that protect Indigenous and local community rights empowers communities to participate effectively in decision-making and defend their interests in negotiation processes.
- Indigenous and local community rights recognize deep cultural, spiritual and territorial relationships, in order to ensure that communities can maintain their governance systems, traditions and ways of life without discrimination.
- Despite legal protections, Indigenous communities around the world still face rights violations, such as displacement, discrimination, cultural erosion, and violence (especially against rights defenders). Addressing these violations is a matter of justice and human survival.
- Strong international instruments set the standard for rights protection and must be considered before and during negotiations. International Conventions and Declarations of human rights collectively affirm principles of self-determination, land and resource rights, cultural protection and participation in decision-making.
Conclusion
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Conclusion
Understanding Indigenous and local community rights is the essential foundation for just negotiations, and these rights are strongly connected to their lands, cultures and systems of governance. Indigenous and local community rights are recognized and protected by international frameworks, such as ILO Convention No. 169, the UN Declaration on the Rights of Indigenous Peoples (UNDRIP), the American Declaration on the Rights of Indigenous Peoples (ADRIP) and the UN Declaration on the Rights of Peasants (UNDROP). Yet, despite these instruments, Indigenous and local communities around the world continue to face systemic violations and exclusion. Respecting Indigenous rights means listening, understanding and recognizing their autonomy where it already exists and where it was taken away from them. Whether in negotiations, policy-making or development, the path forward must be built on a human rights-based perspective.
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Introduction
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Indigenous and local community rights
Congratulations. You have completed the lesson. You can review the sections by clicking on them, or continue in the Learning for Nature platform.
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Conclusion
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Section 3:
Indigenous and local community rights and legal frameworks
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Introduction
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Indigenous and local community rights
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Indigenous and local community rights and legal frameworks
Example – Application of ILO Convention No. 169 in BrazilIn Brazil, the implementation of ILO Convention No. 169 extends beyond Indigenous Peoples to include ‘traditional communities’, such as Quilombola (afro-descendant) communities, riverine communities, rubber tappers and others. This broader interpretation aligns with Brazil’s protection regime of community rights, such as the Federal Constitution and the National Policy for the Sustainable Development of Traditional Peoples and Communities (Decree No. 6.040/2007), which recognize their collective rights, traditional knowledge and forms of territorial governance. This understanding has also been consolidated in Brazilian federal case law. Thus, Brazil provides a practical example of how ILO Convention No. 169’s principles can be applied to a diversity of local and traditional communities, reflecting the country’s social and cultural plurality.
According to the United Nations Declaration on the Rights of Peasants and Other People Working in Rural Areas (UNDROP), “peasant is any person who engages or who seeks to engage alone, or in association with others or as a community, in small-scale agricultural production for subsistence and/or for the market, and who relies significantly, though not necessarily exclusively, on family or household labour and other non-monetized ways of organizing labour, and who has a special dependency on and attachment to the land” (Article 1.1).
Section overview
Home
Indigenous and Tribal Peoples Convention (ILO Convention No. 169)
Who does the ILO Convention No. 169 apply to?
The United Nations Declaration on the Rights of Indigenous Peoples (UNDRIP)
American Declaration on the Rights of Indigenous Peoples (ADRIP)
Indigenous rights as human rights
The United Nations Declaration on the Rights of Peasants and Other People Working in Rural Areas (UNDROP)
- What is a Constitution? Principles and Concepts (2014). The International Institute for Democracy and Electoral Assistance (International IDEA). Available here.
- United Nations Declaration on the Rights of Indigenous Peoples (2007). United Nations. Available here.
Legal frameworks are the systems of laws, rules, principles and institutions that define what is legal, who has rights or responsibilities and how those rights are protected. In the context of Indigenous peoples, legal frameworks refer to the various laws and rules at international, national and local levels that recognize, enforce or even limit Indigenous Peoples’ rights. They also guide how these laws must be applied.
The International Labour Organization (ILO), founded in 1919, is a specialized agency of the United Nations that sets international labor standards and promotes decent work and social justice around the world. The ILO’s standards are designed to promote work that is inclusive, productive and sustainable, based on the principles of freedom, fairness, safety and human dignity.
A convention is a formal agreement between countries on a specific issue, establishing their obligations and rights, usually developed and adopted through international organizations, such as the United Nations (UN) and the International Labour Organizations (ILO).
Section overview
Home
What are Indigenous rights?
Recognizing the rights of local communities
Why Indigenous and local community rights matter
Examples of human rights violations faced by Indigenous Peoples and local communities
Section overview
Home
Indigenous and Tribal Peoples Convention (ILO Convention No. 169)
Who does the ILO Convention No. 169 apply to?
The United Nations Declaration on the Rights of Indigenous Peoples (UNDRIP)
American Declaration on the Rights of Indigenous Peoples (ADRIP)
Indigenous rights as human rights
The United Nations Declaration on the Rights of Peasants and Other People Working in Rural Areas (UNDROP)
Section overview
Home
Indigenous and Tribal Peoples Convention (ILO Convention No. 169)
Who does the ILO Convention No. 169 apply to?
The United Nations Declaration on the Rights of Indigenous Peoples (UNDRIP)
American Declaration on the Rights of Indigenous Peoples (ADRIP)
Indigenous rights as human rights
The United Nations Declaration on the Rights of Peasants and Other People Working in Rural Areas (UNDROP)
Section overview
Home
Introduction
The importance of understanding rights for negotiations
Section overview
Home
Key takeaways
Conclusion
Section overview
Home
Key takeaways
Conclusion
- Indigenous Negotiations Resource Guide (2021). Vince Mcelhinny, Minnie Degawan, Patricia Dunne, and Alli Cruz, Conservation International (CI). Available here.
- Declaration. Oxford Public International Law. 2019. Available here.
- United Nations Declaration on the Rights of Indigenous Peoples (2007). United Nations. Available here.
- Indigenous Peoples and the United Nations Human Rights System. Fact Sheet No. 9, Rev. 2. United Nations Human Rights Office of the High Commissioner. 2013. Available here.
- Indigenous Human Rights Defenders. Backgrounder. The United Nations Permanent Forum on Indigenous Issues. 2016. Available here.
- Indigenous Planning: from forced assimilation to self-determination (2021). Michael John Hibbard. Available here.
- Rights of Indigenous Peoples (2024). Report of the United Nations High Commissioner for Human Rights. Available here.
A constitution is the highest legal document of a country that outlines fundamental principles and rules that govern a state. It defines limits on the exercise of power, and sets out the rights and duties of citizens.
Section overview
Home
Indigenous and Tribal Peoples Convention (ILO Convention No. 169)
Who does the ILO Convention No. 169 apply to?
The United Nations Declaration on the Rights of Indigenous Peoples (UNDRIP)
American Declaration on the Rights of Indigenous Peoples (ADRIP)
Indigenous rights as human rights
The United Nations Declaration on the Rights of Peasants and Other People Working in Rural Areas (UNDROP)
- Introducing the ILO – The UN agency for the world of work. Available here.
- Types of legal instruments and related actions within the United Nations – a brief overview (2022). United Nations Economic Commission for Europe (UNECE). Available here.
- Convention 169 (1989). International Labour Organization (ILO). Available here.
Section overview
Home
What are Indigenous rights?
Recognizing the rights of local communities
Why Indigenous and local community rights matter
Examples of human rights violations faced by Indigenous Peoples and local communities
Indigenous human rights defenders are Indigenous individuals or groups who work (peacefully and often at great risk) to promote and protect the human rights and fundamental freedoms of Indigenous Peoples. Indigenous human rights defenders often face serious risks because they live in areas rich in natural resources sought by governments and corporations. They frequently oppose land grabbing, resource extraction and large-scale projects that threaten their livelihoods and the environment. Many also advocate for sustainable, rights-based alternatives to development, such as the concept of Buen Vivir (“good living”).
Section overview
Home
Indigenous and Tribal Peoples Convention (ILO Convention No. 169)
Who does the ILO Convention No. 169 apply to?
The United Nations Declaration on the Rights of Indigenous Peoples (UNDRIP)
American Declaration on the Rights of Indigenous Peoples (ADRIP)
Indigenous rights as human rights
The United Nations Declaration on the Rights of Peasants and Other People Working in Rural Areas (UNDROP)
Section overview
Home
Introduction
The importance of understanding rights for negotiations
- Indigenous Peoples’ Rights. Amnesty International. Available here.
- The Impact of COVID-19 on Indigenous Peoples (2020). United Nations Department of Economic and Social Affairs. Available here.
- Human Rights (2016). Inter-Parliamentary Union and the United Nations (Office of the High Commissioner for Human Rights). Available here.
- What are human rights? United Nations Human Rights Office of the High Commissioner (OHCHR). Available here.
- Indigenous rights and the voice. Australian Human Rights Commission. Available here.
- Indigenous Peoples and the United Nations Human Rights System. Fact Sheet No. 9, Rev. 2. United Nations Human Rights Office of the High Commissioner. 2013. Available here.
Section overview
Home
What are Indigenous rights?
Recognizing the rights of local communities
Why Indigenous and local community rights matter
Examples of human rights violations faced by Indigenous Peoples and local communities
- American Declaration on the Rights of Indigenous Peoples. Organization of American States (OAS). 2016. Available here.
The disproportionate impact of COVID-19 on the rights of Indigenous Peoples The COVID-19 pandemic exposed and intensified long-standing inequalities, disproportionately affecting Indigenous Peoples around the world. While the virus posed a global health threat, Indigenous communities faced added challenges due to systemic neglect, historical marginalization and weakened access to essential services.
“[...] Indigenous peoples often experience widespread stigma and discrimination in healthcare settings such as stereotyping and a lack of quality in the care provided, thus compromising standards of care and discouraging them from accessing health care, if and when available.” The impact of COVID-19 on Indigenous Peoples is a reminder of the gap in the recognition and fulfillment of their human rights.
- Convention 169 (1989). International Labour Organization (ILO). Available here.
- Case of the Saramaka People v. Suriname. Inter-American Court of Human Rights. Judgment of November 28, 2007. Available here.
- Communiqué Regarding the Fulfillment by the Brazilian Government of ILO Convention 169 Addressing Indigenous and Tribal Peoples. National Coordination of the Black Rural Quilombola Community Network and other organizations. 2008. Available here.
Collective resource management refers to the way a community or group jointly governs, uses and cares for shared natural resources, such as land, forests, water and fisheries. It is based on shared rules, traditions and decision-making processes that ensure resources are used sustainably and equitably. That way, communities balance individual and collective needs, prevent depletion and strengthen local governance structures that support long-term sustainable management.
Section overview
Home
What are Indigenous rights?
Recognizing the rights of local communities
Why Indigenous and local community rights matter
Examples of human rights violations faced by Indigenous Peoples and local communities
In the context of Indigenous Peoples, assimilation refers to the process through which Indigenous individuals and communities are pressured or required to abandon their distinct cultural identities, languages, beliefs and practices in order to adopt the dominant society’s way of life. Cultural assimilation is often enforced or encouraged by governments.
Section overview
Home
Indigenous and Tribal Peoples Convention (ILO Convention No. 169)
Who does the ILO Convention No. 169 apply to?
The United Nations Declaration on the Rights of Indigenous Peoples (UNDRIP)
American Declaration on the Rights of Indigenous Peoples (ADRIP)
Indigenous rights as human rights
The United Nations Declaration on the Rights of Peasants and Other People Working in Rural Areas (UNDROP)
- Glossary of relevant key terms and concepts within the context of Article 8(j) and related provisions (2018). Convention on Biological Diversity. CBD/COP/DEC/14/13. Available here.
- Convention on Biological Diversity, Article 2 (1992). United Nations. Available here.
- Definition of Indigenous Peoples and Local Communities for the Science Panel for the Amazon (2021). Simone Athayde, Daniel Larrea, Zulema Lehm Ardaya, Eduardo Neves and Martha Cecilia Rosero-Peña, Science Panel for the Amazon. Available here.
A Declaration is a formal statement adopted by an international body, such as the United Nations, that sets principles, standards or intentions on a particular issue. Unlike treaties or conventions, whether declarations produce legally binding effects depends on the circumstances under which they are made. Overall, they carry strong moral and political authority and often guide the development of international law and national policies.
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Self-paced course
Negotiating Impact and Benefit-Sharing for Indigenous Peoples and Local Communities
Module 2: Deciding to Negotiate: Understanding Rights and Legal Frameworks Lesson 1: Understanding the Rights of Indigenous Peoples and Local Communities
Start
Start
How to Navigate this Lesson
Before you begin, here’s a quick guide to navigating this interactive lesson:
Start
Up next
Click Next to move forward.
Click Back to revisit a previous section.
Return to completed sections and retake them anytime.
Access the Section Overview anytime.
Click on highlighted terms for definitions.
Click interactive elements (buttons, tabs, images) to reveal more details.
Complete all activities to unlock the next section.
Click to show all interactive elements on a screen.
Welcome to lesson 1
Up next
Welcome to Lesson 1
Welcome to Lesson 1 of the Indigenous Peoples and Local Communities, Negotiations and Benefit-Sharing Agreements self-paced course. This lesson is divided into four sections. To make the most out of your learning experience, you’ll need to complete each section before moving on. Get ready to learn about Indigenous and local community rights: what they are and why they matter and Indigenous and local community rights and legal frameworks. Click below to begin!
Lesson 1 overview
Up next
Section 1:
2 min
Start
Introduction
Section 2:
Indigenous and local community rights
10 min
Start
Section 4:
Section 3:
Conclusion
Indigenous and local community rights and legal frameworks
3 min
Start
10 min
Start
Introduction
Welcome to Module 2 Lesson 1 of the course on Negotiating Impact and Benefit-Sharing for Indigenous Peoples and Local Communities. In this lesson you will learn about what Indigenous and local community rights mean and why understanding rights is the essential first step before deciding to negotiate.
The importance of understanding rights for negotiations
Up next
The importance of understanding rights for negotiations
Before starting any negotiation involving Indigenous Peoples and local communities, it is essential to understand the existing rights that support their positions and the applicable legal frameworks on Indigenous and local community rights, both from an international and national perspective. Communities who are informed about their rights are better equipped to engage in negotiations and defend their interests. Therefore, it is important that Indigenous and local communities, as well as all stakeholders (public and private) with influence over development projects and policies are informed about the context and practical application of their rights. Community allies and supporting organizations should also be well prepared on these topics, so they can effectively assist communities during negotiation processes when they play a role in them.
Lesson 1 overview
Section 1 completed
References
Section 1:
2 min
Completed
Introduction
10 min
Start
Section 2:
Indigenous and local community rights
Section 4:
Section 3:
Conclusion
Indigenous and local community rights and legal frameworks
3 min
Start
10 min
Start
What are Indigenous rights?
Indigenous rights refer to the collective and individual rights held by Indigenous Peoples, grounded in their cultural, spiritual and historical relationships to land, resources and governance. These rights are recognized in national constitutions of many countries and in international legal frameworks. They include self-determination, control over their territories and resources, and the right to practice their culture, language and religion without discrimination. They protect Indigenous Peoples’ capacity to maintain their ways of life, govern their territories and fight for ongoing injustices.
Recognizing the rights of local communities
Up next
References
Recognizing the rights of local communities
As you have learned in the previous module, local communities are highly diverse. They may not identify as Indigenous but often share similar relationships with their territory and natural resources – such as the case of forest-dependent communities, artisanal freshwater fishers and pastoralist communities. Local communities also hold legitimate rights to participate in decisions, manage resources and benefit from their lands, and many international and national mechanisms aim at strengthening these protections. Indigenous Peoples have specific rights under international law and, in some cases, at the domestic level. But in the case of non-Indigenous local communities, their rights are not always defined in a specific framework. However, in some contexts, certain Indigenous rights and standards may also be applied to other local communities. Therefore, it remains essential to take into account the national and international regimes that may offer protection to local communities, considering each country’s context and legal system.
Note: In this course, the use of the term Indigenous rights is not meant to overlook the rights of local communities and it does not exclude the possibility that Indigenous rights may also apply to them, depending on the context.
Why Indigenous and local community rights matter
Up next
Why Indigenous and local community rights matter
Although Indigenous Peoples and local communities vary widely across the world, they share common struggles rooted in historical injustices. Many continue to face systematic discrimination, marginalization and dispossession of their lands and resources. Until today, these challenges persist as Indigenous Peoples experience ongoing human rights violations and strong pressure from development and resource extraction activities that threaten their cultures and ways of life. Ensuring the recognition and protection of their rights is therefore not only a legal obligation but also a matter of justice and dignity.
Learn more
The disproportionate impact of COVID-19 on the rights of Indigenous Peoples
Review this report on the rights of Indigenous Peoples, prepared by the United Nations High Commissioner for Human Rights.
Learn more
Examples of human rights violations faced by Indigenous Peoples and local communities
Up next
References
Examples of human rights violations faced by Indigenous Peoples and local communities
Eviction from traditional lands: Indigenous Peoples are frequently displaced from lands they have inhabited for generations, often to make way for mining, logging or infrastructure projects – in many situations without consent or compensation. Restricted access to basic services: many Indigenous communities face barriers to education, healthcare and housing, reinforcing cycles of poverty and inequality. Violence against Indigenous human rights defenders: Those who stand up to protect Indigenous rights frequently face intimidation, harassment and violence. In many cases they are even killed. Cultural erosion and assimilation pressure: without protection, Indigenous languages, traditions and knowledge systems are at risk of disappearing due to neglect and forced assimilation.
Watch this short video featuring an Indigenous activist from the Philippines, who shares the ongoing rights violations faced by Indigenous communities and how they can organize to reclaim their rights through collective action: Ending land discrimination with Indigenous Peoples Rights International.
Video
Lesson 1 overview
Section 2 completed
References
Section 1:
2 min
Completed
Introduction
10 min
Completed
Section 2:
Indigenous and local community rights
10 min
Start
Section 3:
Indigenous and local community rights and legal frameworks
Section 4:
Conclusion
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Indigenous and Tribal Peoples Convention (ILO Convention No. 169)
To strengthen the recognition and protection of these rights, specific legal instruments were developed to set clear international standards. Among the most significant is the Indigenous and Tribal Peoples Convention No. 169 of the International Labour Organization (ILO), an international treaty adopted in 1989. It is a legally binding international convention specifically dedicated to the rights of Indigenous and tribal peoples, and it created binding obligations for countries that ratify it. This means that the convention becomes a law in the country that endorsed and internalized it in its domestic regime. ILO Convention No. 169 recognizes that Indigenous and tribal peoples have distinct identities, cultures, institutions and ways of life, and that they must have the right to maintain and develop these characteristics freely. The Convention covers a wide range of collective and individual rights across several areas, such as development, customary laws, lands, territories and resources, employment, education and health. As of 2025, 24 countries have ratified ILO Convention No. 169, and Latin America is the region with the highest number of ratifications.
Access the full ILO Convention No. 169 and learn more about the rights of Indigenous Peoples and local communities it protects, as well as the obligation of States to uphold these rights.
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Who does the ILO Convention No. 169 apply to?
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Who does the ILO Convention No. 169 apply to?
It is important to remember that ILO Convention No. 169 also applies to individuals, groups and communities that may not identify as Indigenous but “whose social, cultural and economic conditions distinguish them from other sections of the national community, and whose status is regulated wholly or partially by their own customs or traditions or by special laws or regulations” (Article 1, 1.a). These groups are referred to in the Convention as “tribal peoples.” This term was introduced to distinguish Indigenous Peoples (those present in the territory prior to colonization) to other communities who also hold the collective right to exist and live in their territories according to their own self-identification. It is worth noting that the Inter-American Court of Human Rights (IACHR) has also recognized the broad adoption of these criteria, as in the Saramaka vs. Suriname case, where the Court applied this category to the Saramaka people, who identify as Maroon.
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Example – Application of ILO Convention No. 169 in Brazil
The United Nations Declaration on the Rights of Indigenous Peoples (UNDRIP)
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References
The United Nations Declaration on the Rights of Indigenous Peoples (UNDRIP)
The United Nations Declaration on the Rights of Indigenous Peoples (UNDRIP) is the most comprehensive and widely recognized international framework protecting Indigenous collective and individual rights. Adopted by the United Nations Assembly in 2007, it sets minimum standards for the survival and well-being of Indigenous peoples globally. The Declaration elaborates on existing human rights standards and fundamental freedoms as they apply to the specific situation of Indigenous Peoples. The UNDRIP affirms that Indigenous rights are inherent, not granted by states, and that these rights must be respected in accordance with principles of justice, democracy and human dignity. Although the implementation of UNDRIP varies, since it is not legally binding, it includes principles that are recognized in binding instruments of international law. It also serves as an important guide for States and Indigenous Peoples in shaping laws and policies that affect Indigenous rights and help address their claims.
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If you’d like to dive deeper, you can access the full United Nations Declaration on the Rights of Indigenous Peoples (UNDRIP)
Watch this short video and learn more about the United Nations Declaration on the Rights of Indigenous Peoples (UNDRIP) and its importance for Indigenous Communities around the world.
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American Declaration on the Rights of Indigenous Peoples (ADRIP)
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Learn more about the concept of local communities under the Convention of Biological Diversity (CBD) and explore a Brazilian case study.
References
American Declaration on the Rights of Indigenous Peoples (ADRIP)
Adopted by the Organization of the American States (OAS) in 2016, the American Declaration on the Rights of Indigenous Peoples (ADRIP) is a landmark regional instrument that reaffirms and expands the recognition of Indigenous rights in the Americas. It builds on global standards, such as the United Nations Declaration on the Rights of Indigenous Peoples (UNDRIP) but adapts them to the political, legal and cultural realities of the American continent.
While the Declaration is not a legally binding instrument, it carries strong moral and political significance and serves as a framework for action among OAS member States. It encourages governments to align national laws and policies with the principles it contains and provides Indigenous Peoples with a regional platform to advocate for the implementation of their rights.
Explore the full text of the American Declaration on the Rights of Indigenous Peoples (ADRIP).
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Indigenous rights as human rights
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Indigenous rights as human rights
Indigenous rights are not separate from or secondary to human rights – they are human rights. Like all people, Indigenous individuals and communities are entitled to human rights. What distinguishes Indigenous rights is that they also reflect the collective identity, culture and connection to land that are central to Indigenous Peoples’ ways of life. Recognizing Indigenous rights as human rights means acknowledging that the specific experiences and needs of Indigenous Peoples require protection under both general and specialized legal frameworks. The rights of Indigenous Peoples under international law have evolved from broader human rights frameworks to address their specific circumstances and priorities. These rights also clarify the specific conditions that must be recognized for Indigenous Peoples to fully enjoy universal human rights. For instance, the United Nations Declaration on the Rights of Indigenous Peoples (UNDRIP) highlights the need to respect Indigenous cultures and languages to ensure equal access to education and other fundamental rights.
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Watch this short video that explains where human rights came from, what they mean and why they matter to everyone.
The United Nations Declaration on the Rights of Peasants and Other People Working in Rural Areas (UNDROP)
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Learn more about the concept of local communities under the Convention of Biological Diversity (CBD) and explore a Brazilian case study.
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The United Nations Declaration on the Rights of Peasants and Other People Working in Rural Areas (UNDROP)
The United Nations Declaration on the Rights of Peasants and Other People Working in Rural Areas (UNDROP) was adopted by the United Nations in 2018 and it is a milestone in recognizing the rights and contributions of rural populations around the world. The Declaration affirms that peasants and other people living in rural areas play a vital role in ensuring food security and conserving biodiversity. It also acknowledges that these communities often face systemic discrimination, poverty, land dispossession and environmental degradation. To address this, UNDROP establishes their rights to access and use the land and natural resources present in their communities, to the conservation and protection of biodiversity, to food sovereignty, as well as to participate in decision-making processes that affect their lives and territories. Importantly, the UNDROP applies to roughly one-third of the world’s population, making it (potentially) one of the most wide-reaching human rights instruments. It is directly relevant to addressing the climate crisis, biodiversity loss and energy transition, as rural communities are on the frontlines of both the impacts and the solutions to these global challenges. It is important to note that the Declaration also applies to Indigenous Peoples and local communities that are engaged in the mentioned rural activities.
Video
Watch this short video and learn more about the UNDROP.
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Indigenous and local community rights
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Indigenous and local community rights and legal frameworks
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Conclusion
Understanding Indigenous and local community rights is the essential foundation for just negotiations, and these rights are strongly connected to their lands, cultures and systems of governance. Indigenous and local community rights are recognized and protected by international frameworks, such as ILO Convention No. 169, the UN Declaration on the Rights of Indigenous Peoples (UNDRIP), the American Declaration on the Rights of Indigenous Peoples (ADRIP) and the UN Declaration on the Rights of Peasants (UNDROP). Yet, despite these instruments, Indigenous and local communities around the world continue to face systemic violations and exclusion. Respecting Indigenous rights means listening, understanding and recognizing their autonomy where it already exists and where it was taken away from them. Whether in negotiations, policy-making or development, the path forward must be built on a human rights-based perspective.
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Indigenous and local community rights and legal frameworks
Example – Application of ILO Convention No. 169 in BrazilIn Brazil, the implementation of ILO Convention No. 169 extends beyond Indigenous Peoples to include ‘traditional communities’, such as Quilombola (afro-descendant) communities, riverine communities, rubber tappers and others. This broader interpretation aligns with Brazil’s protection regime of community rights, such as the Federal Constitution and the National Policy for the Sustainable Development of Traditional Peoples and Communities (Decree No. 6.040/2007), which recognize their collective rights, traditional knowledge and forms of territorial governance. This understanding has also been consolidated in Brazilian federal case law. Thus, Brazil provides a practical example of how ILO Convention No. 169’s principles can be applied to a diversity of local and traditional communities, reflecting the country’s social and cultural plurality.
According to the United Nations Declaration on the Rights of Peasants and Other People Working in Rural Areas (UNDROP), “peasant is any person who engages or who seeks to engage alone, or in association with others or as a community, in small-scale agricultural production for subsistence and/or for the market, and who relies significantly, though not necessarily exclusively, on family or household labour and other non-monetized ways of organizing labour, and who has a special dependency on and attachment to the land” (Article 1.1).
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Indigenous and Tribal Peoples Convention (ILO Convention No. 169)
Who does the ILO Convention No. 169 apply to?
The United Nations Declaration on the Rights of Indigenous Peoples (UNDRIP)
American Declaration on the Rights of Indigenous Peoples (ADRIP)
Indigenous rights as human rights
The United Nations Declaration on the Rights of Peasants and Other People Working in Rural Areas (UNDROP)
Legal frameworks are the systems of laws, rules, principles and institutions that define what is legal, who has rights or responsibilities and how those rights are protected. In the context of Indigenous peoples, legal frameworks refer to the various laws and rules at international, national and local levels that recognize, enforce or even limit Indigenous Peoples’ rights. They also guide how these laws must be applied.
The International Labour Organization (ILO), founded in 1919, is a specialized agency of the United Nations that sets international labor standards and promotes decent work and social justice around the world. The ILO’s standards are designed to promote work that is inclusive, productive and sustainable, based on the principles of freedom, fairness, safety and human dignity.
A convention is a formal agreement between countries on a specific issue, establishing their obligations and rights, usually developed and adopted through international organizations, such as the United Nations (UN) and the International Labour Organizations (ILO).
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What are Indigenous rights?
Recognizing the rights of local communities
Why Indigenous and local community rights matter
Examples of human rights violations faced by Indigenous Peoples and local communities
Section overview
Home
Indigenous and Tribal Peoples Convention (ILO Convention No. 169)
Who does the ILO Convention No. 169 apply to?
The United Nations Declaration on the Rights of Indigenous Peoples (UNDRIP)
American Declaration on the Rights of Indigenous Peoples (ADRIP)
Indigenous rights as human rights
The United Nations Declaration on the Rights of Peasants and Other People Working in Rural Areas (UNDROP)
Section overview
Home
Indigenous and Tribal Peoples Convention (ILO Convention No. 169)
Who does the ILO Convention No. 169 apply to?
The United Nations Declaration on the Rights of Indigenous Peoples (UNDRIP)
American Declaration on the Rights of Indigenous Peoples (ADRIP)
Indigenous rights as human rights
The United Nations Declaration on the Rights of Peasants and Other People Working in Rural Areas (UNDROP)
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Introduction
The importance of understanding rights for negotiations
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Key takeaways
Conclusion
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Key takeaways
Conclusion
A constitution is the highest legal document of a country that outlines fundamental principles and rules that govern a state. It defines limits on the exercise of power, and sets out the rights and duties of citizens.
Section overview
Home
Indigenous and Tribal Peoples Convention (ILO Convention No. 169)
Who does the ILO Convention No. 169 apply to?
The United Nations Declaration on the Rights of Indigenous Peoples (UNDRIP)
American Declaration on the Rights of Indigenous Peoples (ADRIP)
Indigenous rights as human rights
The United Nations Declaration on the Rights of Peasants and Other People Working in Rural Areas (UNDROP)
Section overview
Home
What are Indigenous rights?
Recognizing the rights of local communities
Why Indigenous and local community rights matter
Examples of human rights violations faced by Indigenous Peoples and local communities
Indigenous human rights defenders are Indigenous individuals or groups who work (peacefully and often at great risk) to promote and protect the human rights and fundamental freedoms of Indigenous Peoples. Indigenous human rights defenders often face serious risks because they live in areas rich in natural resources sought by governments and corporations. They frequently oppose land grabbing, resource extraction and large-scale projects that threaten their livelihoods and the environment. Many also advocate for sustainable, rights-based alternatives to development, such as the concept of Buen Vivir (“good living”).
Section overview
Home
Indigenous and Tribal Peoples Convention (ILO Convention No. 169)
Who does the ILO Convention No. 169 apply to?
The United Nations Declaration on the Rights of Indigenous Peoples (UNDRIP)
American Declaration on the Rights of Indigenous Peoples (ADRIP)
Indigenous rights as human rights
The United Nations Declaration on the Rights of Peasants and Other People Working in Rural Areas (UNDROP)
Section overview
Home
Introduction
The importance of understanding rights for negotiations
Section overview
Home
What are Indigenous rights?
Recognizing the rights of local communities
Why Indigenous and local community rights matter
Examples of human rights violations faced by Indigenous Peoples and local communities
The disproportionate impact of COVID-19 on the rights of Indigenous Peoples The COVID-19 pandemic exposed and intensified long-standing inequalities, disproportionately affecting Indigenous Peoples around the world. While the virus posed a global health threat, Indigenous communities faced added challenges due to systemic neglect, historical marginalization and weakened access to essential services. “[...] Indigenous peoples often experience widespread stigma and discrimination in healthcare settings such as stereotyping and a lack of quality in the care provided, thus compromising standards of care and discouraging them from accessing health care, if and when available.” The impact of COVID-19 on Indigenous Peoples is a reminder of the gap in the recognition and fulfillment of their human rights.
Collective resource management refers to the way a community or group jointly governs, uses and cares for shared natural resources, such as land, forests, water and fisheries. It is based on shared rules, traditions and decision-making processes that ensure resources are used sustainably and equitably. That way, communities balance individual and collective needs, prevent depletion and strengthen local governance structures that support long-term sustainable management.
Section overview
Home
What are Indigenous rights?
Recognizing the rights of local communities
Why Indigenous and local community rights matter
Examples of human rights violations faced by Indigenous Peoples and local communities
In the context of Indigenous Peoples, assimilation refers to the process through which Indigenous individuals and communities are pressured or required to abandon their distinct cultural identities, languages, beliefs and practices in order to adopt the dominant society’s way of life. Cultural assimilation is often enforced or encouraged by governments.
Section overview
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Indigenous and Tribal Peoples Convention (ILO Convention No. 169)
Who does the ILO Convention No. 169 apply to?
The United Nations Declaration on the Rights of Indigenous Peoples (UNDRIP)
American Declaration on the Rights of Indigenous Peoples (ADRIP)
Indigenous rights as human rights
The United Nations Declaration on the Rights of Peasants and Other People Working in Rural Areas (UNDROP)
A Declaration is a formal statement adopted by an international body, such as the United Nations, that sets principles, standards or intentions on a particular issue. Unlike treaties or conventions, whether declarations produce legally binding effects depends on the circumstances under which they are made. Overall, they carry strong moral and political authority and often guide the development of international law and national policies.