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What role do Indigenous rights to water play in sustainable development?

  • Writer: Palsa & Pulk
    Palsa & Pulk
  • Mar 20
  • 12 min read

An introduction to how companies can protect waters and biodiversity by respecting Indigenous Peoples' rights.




 

What is the value of water?


In recent years, access to water has gained recognition as a basic human right.[i] Yet, beyond this, water can be seen to have an intrinsic value, a utility value, and a relational value. Following the Nature Future Framework initiated by an expert group of the Intergovernmental Science-Policy Platform on Biodiversity and Ecosystem Services (IPBES), water in its many forms can hold value for the sake of existing, for its hydrological cycles, as well as for altering landscapes and shaping life.[ii]


One of the forms of life supported by water are humans, who use water for drinking, fishing, transportation, growing crops, supporting livestock and industries, hygiene, recreation and more. This describes the utility value of water, which humans often try to maximize. Yet, water can also have a value through being a part of our cultural heritage, such as is — for example — the case for water ecosystems that are considered sacred or religious places.


Water pollution can also be seen as a threat to cultural identity. It can be a resource needed to sustain a traditional way of living. It can also be a resource to maintain traditions and cultural practices. Notably, “[i]n the traditions of many indigenous peoples, water is life itself”.[iii] Many Indigenous Peoples hold the view that “water belongs to everyone and should remain available to all, as a common good”. The approach of Indigenous Peoples to water “offers a valuable example of [the] community-based management of safe drinking water and sanitation”.[iv]


 

Barriers to Indigenous Peoples’ access to water


According to the Office of the United Nations High Commissioner for Human Rights, “the impact of extractivism on natural resources, compounded with the effects of climate change, has meant many indigenous peoples no longer have access to safe drinking water under international human rights standards”.[v] Overall, “[t]he degradation of the water bodies from which indigenous peoples draw their water [...] have disproportionate impacts on the health of indigenous peoples, especially women and children”.[vi] The “toxic contamination [of water], together with the impacts of climate change and the lack of investment in necessary infrastructure” cause major issues.[vii]


Indigenous Peoples currently face several challenges that undermine their access to clean water and proper sanitation.[viii] Key issues include the “pollution of available water resources” of Indigenous Peoples, as well as the “lack of consultation on policies and projects affecting their water and sanitation rights”.[ix] Moreover, “mining, the construction of immense hydroelectric dams, the development of large agricultural and livestock farms, massive land and water-grabbing processes and the development of large tourism projects in their territories are damaging and contaminating their water sources and putting their livelihoods at risk”.[x]


 

Rights of Nature & the legal personhood of water bodies


One way in which water, and thus Indigenous Peoples, can be protected, is by granting legal personhood to water.[xi] Over the past two decades, “the connections between nature, human beings, and law” have become increasingly recognized globally.[xii] The movement for legal ‘Rights of Nature’ started in Ecuador in 2008, “when it enshrined rights of nature in its constitution”.[xiii] Over the years, the Rights of Nature movement has been growing by using legal tools to honor “the deep interrelation of all life” and how nature “contributes to the health and integrity of the natural environment”.[xiv]


The definition of the legal personhood of water is context specific. That said, water as “a legal person” can broadly be defined as: “where nature as a whole, or a specific natural entity such as a river is formally recognised as a legal person, with all the rights, duties, liabilities and powers of a legal person”.[xv] Water can also be considered a “legal subject”, “where nature as a whole, or a specific natural entity, is recognised as the subject of specific, enumerated rights”.[xvi] There are also informal variations of recognition in which nature is “recognised as a living or moral person with rights and duties of a living person”, or as a “living entity” that is “recognized in law as being alive, but without legal rights and powers of a legal person, living subject or living person”.[xvii] 


In 2011, Magpie River, or Mutuhekau Shipu, was the first river in Canada to be granted legal personhood.[xviii] The river is sacred to the Innu First Nation, who have “depended on it as a major highway, food source, and natural pharmacy for centuries”.[xix] Hydroelectric dam development has, however, disrupted the river’s flow, negatively affecting its biodiversity.[xx] In order to protect the river, “the Innu Council of Ekuanitshit and the Minganie Regional County Municipality declared the Mutuhekau Shipu a legal person in 2021”.[xxi] It is one of the many rivers granted legal personhood, “as part of a global, Indigenous-led campaign”.[xxii]


Hawaii, on the other hand, works with the concept of water as a “public trust” for present and future generations.[xxiii] Life-giving water was considered sacred and “strong public trust principles” were included in Hawaii’s first Western-style constitution in 1840.[xxiv] In Hawaii, “the 1978 Constitutional Convention passed amendments”, which “enshrine[d] resource protection as a constitutional mandate”.[xxv] The constitutional mandate includes the State’s obligation “to protect, control, and regulate the use of Hawai’i’s water resources for the benefits of its people” (Article XI, section 7).[xxvi] Moreover, in 1987, Hawaii also enacted its Water Code, which establishes “a new framework for water resource management that balanced resource protection with reasonable and beneficial use”.[xxvii]


 

Indigenous Peoples’ knowledge on water management


An overarching issue in modern water management and Indigenous Peoples’ access to water is “water and sanitation projects not having a sustainable strategy to prevent funding exhaustion”.[xxviii] One way to solve this is to factor in the knowledge and know-how of Indigenous Peoples. The beliefs and practices of Indigenous Peoples provide “a genuine expression of the sustainability and eco-systemic approach, which today we are trying to promote in the planning and management of water throughout the world”.[xxix]


Overall, “[t]he territories of indigenous peoples comprise about 25 per cent of the world’s land surface, including approximately 40 per cent of all protected land areas and ecologically intact landscapes”. All in all, “indigenous peoples have preserved 80 per cent of the remaining terrestrial biodiversity”.[xxx] It is estimated that there are currently 476 million Indigenous individuals living spread across more than 90 countries. Therewith, Indigenous Peoples represent 6.2% of the world population. Yet, they also make up 18.7% of “the extremely poor” and approximately 33% of people “living in extreme poverty in rural areas”.[xxxi] Despite the threats and hardships Indigenous People have faced, “[t]he availability of quality water in [many] indigenous peoples’ territories was preserved due to their sustainable practices as well as [the] difficult accessibility of their territories”.[xxxii]


By Indigenous communities, “[w]ater is not considered or managed as a resource but is considered to be part of an interconnected whole”. In line with this, water “management is based on an integrated territorial vision and on deep respect and care for rivers, springs, lakes and wetlands”.[xxxiii] Moreover, “[i]n many indigenous cultures, the role of women as carriers and stewards of water is linked to their role as life-givers”. In line with this, Indigenous women and girls “have a sacred mission to care for water for present and future generations”. They “ensure the availability of quality water”. Additionally, they “play an essential role in spiritual ceremonies, protect water bodies from pollution, [as well as] care for the forests, plants and herbs to maintain the ability of the soil to absorb and retain water”.[xxxiv]


All in all, Indigenous Peoples “offer us valuable ways to address the global water crisis through their traditional practices, both in terms of the sustainable management of aquatic ecosystems and the democratic governance of safe drinking water and sanitation”.[xxxv] Despite this, Indigenous Peoples are commonly left out “from planning and strategic decision-making in climate change prevention and adaptation”. This “often increases the risks they face in water and sanitation”.[xxxvi] Overall, “the richness of indigenous peoples' knowledge and their evolution to adapt to climate change in their territories are often ignored”.[xxxvii] In line with this, “mainstream approaches to water management often dismiss indigenous peoples’ water knowledge and management systems as unscientific or folkloric”. This disregards “the fact that their knowledge is based on empirical experience, resulting from living in their territories from generation to generation”.[xxxviii]


 

What measures should companies take to protect water rights?


Currently, “land and water grabbing are ongoing in the territories of indigenous peoples”. This occurs “through the construction of large hydroelectric dams, the growth of agribusiness, mining operations, deforestation and tourism developments, which disregard the rights of indigenous peoples, as well as damage and contaminate their water sources”.[xxxix] Companies play a role in each of these issues, and they are therefore also in a position to be a part of the solution.


When approaching the protection of water, companies can, for example, turn to the Nature Future Framework for guidance. The three value perspectives encourage one to think of the intrinsic value of water (nature for nature), the utilitarian value of water (nature for society) and the value of water in relation to humans (nature as culture).[xl] All in all, it is also worth noting that “information processes and respectful intercultural dialogue between [stakeholders] and indigenous peoples” are key “to ensure the most appropriate strategies to guarantee the potability of the water used”.[xli]


To effectively uphold Indigenous rights, companies “must put in place the necessary means to ensure that indigenous peoples enjoy their human rights to safe drinking water and sanitation, inclusive of an intercultural dialogue that is respectful of their ancestral worldviews, knowledge and practices”.[xlii] Moreover, “in order to guarantee compliance with the rights of indigenous peoples and effective control over their territories”, companies must ensure that the Indigenous “right to free, prior and informed consent [is] implemented before and during any action that affects them, including actions that affect their water and aquatic ecosystems”.[xliii] In addition to meaningful stakeholder engagement, companies should carry out thorough social and environmental impact assessments. This information then needs to be shared with relevant stakeholders and form the basis for later dialogues.


The next newsletter will explore water scarcity and conflict. If you want to be notified when it comes out, please subscribe to our mailing list.


 

About the authors



Krisna Baghouzian is a freelance sustainability consultant at Palsa & Pulk. She has a background in governance and past experience in working on sustainability at a local government with a people-centered approach. In her work, Krisna likes to take a holistic view of sustainability — by touching on different aspects of sustainability and their impact on our Earth and its inhabitants.


Christine Nikander is the founder of the environmental and social sustainability consultancy, Palsa & Pulk. She frequently speaks and writes about the environmental and human rights issues that arise through global supply chains and the energy transition. Christine studied law at the universities of Columbia (New York), Edinburgh (Scotland), and Leiden (the Netherlands). She has been writing The E-Waste Column weekly since 2022.


 

About Palsa & Pulk

Palsa & Pulk is an environmental and social sustainability consultancy. It provides compliance, governance, policy, and strategic advice to its clients. The consultancy’s work is mostly focused on supply chain governance, the just transition, circular economy, and human rights.



 

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[i] The Indigenous Foundation, Lack of Clean Drinking Water in Indigenous communities. https://www.theindigenousfoundation.org/articles/lack-of-clean-drinking-water-in-indigenous-communities (19.03.2025).

[ii] Intergovernmental Science-Policy Platform on Biodiversity and Ecosystem Services (IPBES), Scenarios and models. https://www.ipbes.net/scenarios-models (19.03.2025).

[iii] Pedro Arrojo Agudo, Human rights to safe drinking water and sanitation of indigenous peoples: State of affairs and lessons from ancestral cultures. Report of the Special Rapporteur on the human rights to safe drinking water and sanitation, p. 2. https://www.ohchr.org/sites/default/files/documents/issues/water/2022-11-04/A-HRC-51-24-Friendly-version-EN.pdf (19.03.2025).

[iv] Office of the United Nations High Commissioner for Human Rights, Indigenous peoples face growing challenges to access safe water. https://www.ohchr.org/en/stories/2022/10/indigenous-peoples-face-growing-challenges-access-safe-water (19.03.2025).

[v] Office of the United Nations High Commissioner for Human Rights, Indigenous peoples face growing challenges to access safe water. https://www.ohchr.org/en/stories/2022/10/indigenous-peoples-face-growing-challenges-access-safe-water (19.03.2025).

[vi] Pedro Arrojo Agudo, Human rights to safe drinking water and sanitation of indigenous peoples: State of affairs and lessons from ancestral cultures. Report of the Special Rapporteur on the human rights to safe drinking water and sanitation, p. 11. https://www.ohchr.org/sites/default/files/documents/issues/water/2022-11-04/A-HRC-51-24-Friendly-version-EN.pdf (19.03.2025).

[vii] Pedro Arrojo Agudo, Human rights to safe drinking water and sanitation of indigenous peoples: State of affairs and lessons from ancestral cultures. Report of the Special Rapporteur on the human rights to safe drinking water and sanitation, p. 11. https://www.ohchr.org/sites/default/files/documents/issues/water/2022-11-04/A-HRC-51-24-Friendly-version-EN.pdf (19.03.2025); The Indigenous Foundation, Lack of Clean Drinking Water in Indigenous communities. https://www.theindigenousfoundation.org/articles/lack-of-clean-drinking-water-in-indigenous-communities (19.03.2025).

[viii] Office of the United Nations High Commissioner for Human Rights, Indigenous peoples face growing challenges to access safe water. https://www.ohchr.org/en/stories/2022/10/indigenous-peoples-face-growing-challenges-access-safe-water (19.03.2025); The Indigenous Foundation, Lack of Clean Drinking Water in Indigenous communities. https://www.theindigenousfoundation.org/articles/lack-of-clean-drinking-water-in-indigenous-communities (19.03.2025).

[x] Office of the United Nations High Commissioner for Human Rights, A/HRC/51/24: Human rights to safe drinking water and sanitation of indigenous peoples: state of affairs and lessons from ancestral cultures. https://www.ohchr.org/en/documents/thematic-reports/ahrc5124-human-rights-safe-drinking-water-and-sanitation-indigenous  (19.03.2025).

[xi] University of New South Wales Law and Justice Faculty and University of Melbourne Law School, Rivers have rights. So what happens now? https://law.unimelb.edu.au/__data/assets/pdf_file/0008/4944752/Rivers-have-Rights.pdf (19.03.2025).

[xii] Max Planck Institute for Comparative and International Private Law, Rights of Nature. https://www.mpipriv.de/rightsofnature (19.03.2025).

[xiv] Global Alliance for the Rights of Nature, Our Mission. https://www.garn.org/ (19.03.2025).

[xv] University of New South Wales Law and Justice Faculty and University of Melbourne Law School, Rivers have rights. So what happens now? https://law.unimelb.edu.au/__data/assets/pdf_file/0008/4944752/Rivers-have-Rights.pdf (19.03.2025).

[xvi] University of New South Wales Law and Justice Faculty and University of Melbourne Law School, Rivers have rights. So what happens now? https://law.unimelb.edu.au/__data/assets/pdf_file/0008/4944752/Rivers-have-Rights.pdf (19.03.2025).

[xvii]  University of New South Wales Law and Justice Faculty and University of Melbourne Law School, Rivers have rights. So what happens now? https://law.unimelb.edu.au/__data/assets/pdf_file/0008/4944752/Rivers-have-Rights.pdf (19.03.2025).

[xix] Chloe Berge, This Canadian river is now legally a person. It’s not the only one.. https://www.nationalgeographic.com/travel/article/these-rivers-are-now-considered-people-what-does-that-mean-for-travelers (19.03.2025).

[xx] Kirk O Winemiller et al., Balancing Hydropower and Biodiversity in the Amazon, Congo, and Mekong. https://www.researchgate.net/publication/289532272_Balancing_Hydropower_and_Biodiversity_in_the_Amazon_Congo_and_Mekong (19.03.2025).

[xxi] Chloe Berge, This Canadian river is now legally a person. It’s not the only one.. https://www.nationalgeographic.com/travel/article/these-rivers-are-now-considered-people-what-does-that-mean-for-travelers (19.03.2025).

[xxii] Chloe Berge, This Canadian river is now legally a person. It’s not the only one. https://www.nationalgeographic.com/travel/article/these-rivers-are-now-considered-people-what-does-that-mean-for-travelers (19.03.2025).

[xxiii] D. Kapua’ala Sproat, Water (2010). In The value of Hawai’i: Knowing the Past, shaping the future (eds. Craig Howes, Jon Osorio).

[xxiv] D. Kapua’ala Sproat, Water (2010). In The value of Hawai’i: Knowing the Past, shaping the future (eds. Craig Howes, Jon Osorio).

[xxv] D. Kapua’ala Sproat, Water (2010). In The value of Hawai’i: Knowing the Past, shaping the future (eds. Craig Howes, Jon Osorio).

[xxvi] D. Kapua’ala Sproat, Water (2010). In The value of Hawai’i: Knowing the Past, shaping the future (eds. Craig Howes, Jon Osorio).

[xxvii] D. Kapua’ala Sproat, Water (2010). In The value of Hawai’i: Knowing the Past, shaping the future (eds. Craig Howes, Jon Osorio).

[xxviii] Office of the United Nations High Commissioner for Human Rights, Indigenous peoples face growing challenges to access safe water. https://www.ohchr.org/en/stories/2022/10/indigenous-peoples-face-growing-challenges-access-safe-water (19.03.2025); The Indigenous Foundation, Lack of Clean Drinking Water in Indigenous communities. https://www.theindigenousfoundation.org/articles/lack-of-clean-drinking-water-in-indigenous-communities (19.03.2025).

[xxix] Office of the United Nations High Commissioner for Human Rights, Indigenous peoples face growing challenges to access safe water. https://www.ohchr.org/en/stories/2022/10/indigenous-peoples-face-growing-challenges-access-safe-water (19.03.2025).

[xxx] Office of the United Nations High Commissioner for Human Rights, Indigenous peoples face growing challenges to access safe water. https://www.ohchr.org/en/stories/2022/10/indigenous-peoples-face-growing-challenges-access-safe-water (19.03.2025).

[xxxi] Office of the United Nations High Commissioner for Human Rights, Indigenous peoples face growing challenges to access safe water. https://www.ohchr.org/en/stories/2022/10/indigenous-peoples-face-growing-challenges-access-safe-water (19.03.2025).

[xxxii] Office of the United Nations High Commissioner for Human Rights, Indigenous peoples face growing challenges to access safe water. https://www.ohchr.org/en/stories/2022/10/indigenous-peoples-face-growing-challenges-access-safe-water (19.03.2025).

[xxxiii] Pedro Arrojo Agudo, Human rights to safe drinking water and sanitation of indigenous peoples: State of affairs and lessons from ancestral cultures. Report of the Special Rapporteur on the human rights to safe drinking water and sanitation, p. 2. https://www.ohchr.org/sites/default/files/documents/issues/water/2022-11-04/A-HRC-51-24-Friendly-version-EN.pdf (19.03.2025).

[xxxiv] Pedro Arrojo Agudo, Human rights to safe drinking water and sanitation of indigenous peoples: State of affairs and lessons from ancestral cultures. Report of the Special Rapporteur on the human rights to safe drinking water and sanitation, p. 4. https://www.ohchr.org/sites/default/files/documents/issues/water/2022-11-04/A-HRC-51-24-Friendly-version-EN.pdf (19.03.2025).

[xxxv] Office of the United Nations High Commissioner for Human Rights, A/HRC/51/24: Human rights to safe drinking water and sanitation of indigenous peoples: state of affairs and lessons from ancestral cultures. https://www.ohchr.org/en/documents/thematic-reports/ahrc5124-human-rights-safe-drinking-water-and-sanitation-indigenous (19.03.2025); Office of the United Nations High Commissioner for Human Rights, Indigenous peoples face growing challenges to access safe water. https://www.ohchr.org/en/stories/2022/10/indigenous-peoples-face-growing-challenges-access-safe-water (19.03.2025).

[xxxvi] Pedro Arrojo Agudo, Human rights to safe drinking water and sanitation of indigenous peoples: State of affairs and lessons from ancestral cultures. Report of the Special Rapporteur on the human rights to safe drinking water and sanitation, p. 9. https://www.ohchr.org/sites/default/files/documents/issues/water/2022-11-04/A-HRC-51-24-Friendly-version-EN.pdf (19.03.2025); The Indigenous Foundation, Lack of Clean Drinking Water in Indigenous communities. https://www.theindigenousfoundation.org/articles/lack-of-clean-drinking-water-in-indigenous-communities (19.03.2025).

[xxxvii] Pedro Arrojo Agudo, Human rights to safe drinking water and sanitation of indigenous peoples: State of affairs and lessons from ancestral cultures. Report of the Special Rapporteur on the human rights to safe drinking water and sanitation, p. 9. https://www.ohchr.org/sites/default/files/documents/issues/water/2022-11-04/A-HRC-51-24-Friendly-version-EN.pdf (19.03.2025).

[xxxviii] Pedro Arrojo Agudo, Human rights to safe drinking water and sanitation of indigenous peoples: State of affairs and lessons from ancestral cultures. Report of the Special Rapporteur on the human rights to safe drinking water and sanitation, p. 3. https://www.ohchr.org/sites/default/files/documents/issues/water/2022-11-04/A-HRC-51-24-Friendly-version-EN.pdf (19.03.2025).

[xxxix] Office of the United Nations High Commissioner for Human Rights, Indigenous peoples face growing challenges to access safe water. https://www.ohchr.org/en/stories/2022/10/indigenous-peoples-face-growing-challenges-access-safe-water (19.03.2025).

[xl] Intergovernmental Science-Policy Platform on Biodiversity and Ecosystem Services (IPBES), Scenarios and models. https://www.ipbes.net/scenarios-models (20.03.2025).

[xli] Pedro Arrojo Agudo, Human rights to safe drinking water and sanitation of indigenous peoples: State of affairs and lessons from ancestral cultures. Report of the Special Rapporteur on the human rights to safe drinking water and sanitation, p. 11. https://www.ohchr.org/sites/default/files/documents/issues/water/2022-11-04/A-HRC-51-24-Friendly-version-EN.pdf (19.03.2025).

[xlii] https://www.ohchr.org/en/stories/2022/10/indigenous-peoples-face-growing-challenges-access-safe-water; The Indigenous Foundation, Lack of Clean Drinking Water in Indigenous communities. https://www.theindigenousfoundation.org/articles/lack-of-clean-drinking-water-in-indigenous-communities (19.03.2025); B.M.J. Kalpana Balasooriya et al., A review of drinking water quality issues in remote and indigenous communities in rich nations with special emphasis on Australia. https://www.sciencedirect.com/science/article/pii/S0048969723051847 (19.03.2025).

[xliii] Office of the United Nations High Commissioner for Human Rights, Indigenous peoples face growing challenges to access safe water. https://www.ohchr.org/en/stories/2022/10/indigenous-peoples-face-growing-challenges-access-safe-water (19.03.2025).

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