Investment Projects Affecting Indigenous Heritage

The contribution examines the interplay between the protection of Indigenous heritage and foreign direct investments in international investment law and arbitration. He points out that land plays a crucial role in the preservation of the identity of Indigenous peoples. As Indigenous heritage is protected under international law, and the 2007 United Nations Declaration on the Rights of Indigenous Peoples has gained momentum, Indigenous heritage should be taken into account when states consider the feasibility of investment projects in Indigenous peoples’ traditional lands. In some circumstances, investments risk jeopardizing the spiritual relationship of Indigenous peoples with their ancestral lands, thus leading to results that are incompatible with the protection of Indigenous heritage. To prevent such negative outcomes, proper consultations should take place between state representatives and communities of Indigenous peoples to obtain the free prior and informed consent of the latter. Also, whenever an investment project may seriously jeopardize the cultural integrity of the Indigenous communities concerned, the requirement of a prior informed consent should become compulsory.