The impact of environmental crimes and human induced disaster on cultural rights of indigenous and afro-indigenous peoples

Informations projet

Mother Earth

N° de convention de subvention: 101110520

DOI

10.3030/101110520

Projet clôturé

Date de signature de la CE 4 Mai 2023

Date de début 1 Janvier 2024

Date de fin 31 Decembre 2025

Financé au titre de

• Marie Skłodowska-Curie Actions (MSCA)

Coût total

Aucune donnée

Contribution de l’UE

€ 175 920,00

Coordonné par

VRIJE UNIVERSITEIT BRUSSEL
Belgium

Periodic Reporting for period 1 - Mother Earth (The impact of environmental crimes and human induced disaster on cultural rights of indigenous and afro-indigenous peoples)

Période du rapport: 2024-01-01 au 2025-12-31

Résumé du contexte et des objectifs généraux du projet

This research project examines the intersection of environmental degradation and the cultural rights of Indigenous and Afro-descendant communities in Brazil and Colombia. In these regions, environmental stressors, including deforestation, extractive mining, and large-scale infrastructure projects, often result in more than ecological loss. These activities can disrupt the cultural identity, traditional knowledge, and spiritual practices of communities whose social and economic lives are linked to their ancestral territories and the ecosystems that they live.
The primary objective of the research was to examine this relationship by integrating formal legal analysis with qualitative and anthropological methodologies. Through field interviews, the research documented how environmental harm specifically impacts the cultural integrity of Afro-descendant communities. For Indigenous communities, desk-based research facilitated a similar analysis of the legal and social implications of territorial loss. This multidisciplinary approach allowed for an analysis of how international legal frameworks address the impact environmental harm on these society while grounding that analysis in the lived experiences of the affected groups. By documenting these impacts through the lens of the social sciences and humanities, the project aimed to clarify how the loss of ecosystems translates into a violation of the right to participate in cultural life.
The project’s pathway to impact is centered on translating these findings into practical tools for legal and social advocacy. The research results have been consolidated into a toolkit comprised of a series of booklets designed to clarify the interlinkages between cultural rights and environmental harm. These materials provide a comprehensive overview of how international organisms have adjudicated the rights of these communities, including a guide to international case law, a glossary of legal terminology, and practical guidance on the procedural requirements for filing complaints at international levels.
In the current political and strategic context, this project contributes to the reinforcement of international human rights standards and environmental protections. By providing an accessible legal guides, the project aims to bridge the gap between territorial environmental damage and the legal recognition of cultural harm. The significance of the project lies in its potential to empower community representatives and legal practitioners to utilize international mechanisms more effectively, thereby supporting the long-term preservation of both biological and cultural diversity in South America.

Travail effectué depuis le début du projet jusqu’à la fin de la période considérée dans le rapport et principaux résultats atteints jusqu’à présent

The project implemented a multidisciplinary framework that combined doctrinal legal research with qualitative methodologies to examine the impact of environmental degradation on the cultural rights of Indigenous and Afro-descendant communities in Brazil and Colombia. The work was structured around concurrent phases of legal analysis, methodological preparation, and empirical research, leading to the development of structured research outputs.

A central component of the project involved a systematic review of national, regional, and international jurisprudence. This included an analysis of Brazilian and Colombian jurisprudence, alongside the standards developed within the Inter-American human rights system specifically regarding the rights of Indigenous and Afro-descendant communities, and international decisions by the International Labour Organisation and the UN Committees. This research examined how judicial bodies conceptualize the link between cultural integrity and environmental harm, and how these loss are interpreted in the context of territorial rights. A significant achievement of this phase was the synthesis of these legal standards into a structured guide to case law of regional and international decisions, which serves as a technical foundation for understanding the legal protections available to these groups.

Parallel to the legal research, the project undertook methodological preparation to support the interdisciplinary nature of the study. This involved revisiting the concepts of "culture" and "cultural rights" from both legal and socio-anthropological perspectives, with a specific focus on the relationship between territory and collective identity. To ensure the empirical engagement was scientifically rigorous and ethically sound, specialized training was completed in qualitative research methods, including ethnography and participatory techniques. This preparation was essential for designing the fieldwork.

The empirical research was conducted through direct engagement with Afro-descendant communities affected by environmental stressors. Following an approved ethical protocol and data management procedures aligned with EU GDPR standards, the researcher documented the lived experiences of these communities. The qualitative analysis of the collected material focused on how environmental changes impacted their way of life. For the Indigenous context, the study utilized desk-based research and the analysis of publicly available documentation to identify similar patterns of interdependence between the environment and culture.

The main technical achievements of the project include the analysis of the cultural dimensions of environmental justice. These findings were consolidated into a Toolkit designed to translate complex legal research into accessible formats. This Toolkit includes a guide to international case law, a glossary of key legal concepts, and practical information on international complaint mechanisms. Through these activities, the project has clarified the conceptual relationship between environmental protection and cultural rights, producing tangible outputs that support further engagement in this field.

Progrès au-delà de l’état des connaissances et impact potentiel prévu (y compris l’impact socio-économique et les conséquences sociétales plus larges du projet jusqu’à présent)

The results of this project contribute to the fields of cultural rights and environmental justice by exploring and clarifying the fundamental interlinkages between the two. This research moves beyond the current state-of-the-art by systematizing complex information from a wide range of diverse sources, notably relevant international decisions into a cohesive framework. By synthesizing these fragmented data points, the project has established a rigorous foundation that can be utilized in future research and legal practice.

A key achievement of the research is the development of the project toolkit, which utilizes a bottom-up approach to illustrate the practical implications of these legal concepts. By drawing directly from the lived experiences and stories of specific communities, the toolkit showcases how environmental degradation manifests as a tangible cultural loss. This methodology allows the research to move from abstract legal theory to a grounded understanding of how ecological damage can be qualified as a potential violation of a community's cultural rights.

The potential impact of these results is significant for both academic and professional communities. By creating a centralized repository of case law of international and regional decisions, terminological glossaries, and community-centered narratives, the project provides a transferable model for future studies and legal advocacy.