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Article

4 May 2017

Author:
Shane Darcy, NUI Galway, on Business & Human Rights in Ireland (Blog)

Strategic Litigation & Indigenous Peoples’ Land Rights

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The Open Society Justice Initiative has released the latest report in its Strategic Litigation Impacts Series. Indigenous Peoples’ Land Rights...explores the impact that strategic litigation has had on the recognition and respect of the land rights of indigenous peoples in Kenya, Malaysia and Paraguay [drawing] on extensive interviews with the affected communities. The report sounds a positive note regarding the increased effectiveness of litigation as a means of challenging the lack of recognition of land rights, despite the barriers which exist to pursuing such cases...[The report] also includes a section on the impact of such litigation on private interests, private actors and corporations. It found that such litigation can exacerbate tensions between indigenous communities and companies in some instances whereas in others, legal cases have encouraged commercial entities to “engage more with the community as a whole”.