Balancing Green Energy Development And Indigenous Rights In Latin America: An Examination Of Constitutional And Jurisprudential Tensions

Abstract

This chapter critically examines the interplay between green energy initiatives and the constitutional and jurisprudential recognition of Indigenous rights in Latin America. The burgeoning demand for renewable energy, driven by global climate imperatives, has intensified the exploitation of natural resources within Indigenous territories, raising significant legal and ethical questions. Through an analysis of legal frameworks and landmark judicial decisions, this study explores how Latin American countries have attempted to reconcile the imperative of energy development with the protection of Indigenous cultures and territories. Additionally, I conduct an energy and climate justice analysis, evaluating the degree to which the principles of equity, recognition, and participation must be upheld in the execution of energy projects to substantiate the identification of a ‘right to energy’. The findings identify three key principles that must be upheld to recognize an Indigenous ‘right to energy’: a) the free, prior, and informed consent (FPIC) of Indigenous peoples is a fundamental prerequisite before any energy projects can be initiated on their lands; b) equitable benefit-sharing is critical to ensure that Indigenous communities receive a fair allocation of the economic gains derived from energy projects; and c) adequate institutional safeguards are necessary to protect Indigenous resources from exploitation. By interrogating the legal mechanisms and judicial approaches that seek to balance these often-competing interests, this research contributes to the broader discourse on sustainable development, human rights, and environmental justice in this part of the Global South.