The Court recalls its case law in this regard in the sense that Article 21 of the American Convention protects the close relationship that the indigenous peoples have with their lands, as well as with the natural resources within those lands, and the incorporeal elements that are derived from them. The Court has considered that, owing to their very existence, the indigenous peoples have a right to live freely in their territories. In addition, the close relationship that the indigenous peoples have with the land should be recognized and understood as the essential basis of their culture, spiritual life, integrity and economic system.

QUESTIONS:-

1. How many ‘dimensions’ of the PSNR principle can you enumerate? To which one does UN Resolution 1803(1962) refer?

2. Why is it said that the PSNR principle has both a ‘right’ and a ‘duty’ side? Which one is most relevant with respect to international environmental law?

3. Would you consider the PSNR principle still relevant today? Why?