‘Expropriation without compensation’ has crystallised in South African discourse into a symbolic rejection of inherited privilege, with calls for a constitutional amendment that presupposes a legal constraint on the property regime. The intentions of the lawmakers in the ‘property clause’ debates of the 1990s were to craft what I term a ‘mandate for transformation’. Yet the state has failed to override property owner interests in favour of the landless. Second, the battle over ‘expropriation without compensation’ since 2018 has not been about what is written in the Constitution. Third, the counterpoint to the fixation on state power to acquire property is the right of citizens to gain access to land on an equitable basis. This under-developed idea languishing within the property clause offers the basis for constitutional claims for a right to land. Inverting attention from state powers to enact reform to citizens’ powers to claim rights, it could serve as a focal point for emancipatory politics grounded in real struggles.

This chapter provides an overview of key judgments by international courts and tribunals dealing with environmental and human rights protection. It focuses mainly on regional human rights courts to show how environmental protection has been dealt with under these mechanisms. The objective is not to offer a comprehensive analysis of the environmental jurisprudence of these judicial mechanisms, but to signal how a specific synergistic and anthropocentric framing of environmental protection emerged in catalytic judgments. A particular narrative of how the protection of the environment would benefit human rights – especially the right to health, to life and to adequate living conditions or family life, as well as the right to private property and the right to (ancestral) land – was produced and consistently re-affirmed through judicial cross-referencing. This was done by pointing out how environmental harms and ecological deterioration and pollution directly hamper human rights, including those of indigenous peoples and cultural minorities. In so doing, courts played a pivotal role in strengthening environmental protection in relation to human concerns, thereby also consolidating a particular representation of how a protected environment serves human interests and needs. A specific anthropocentric and synergistic understanding of the human–environment is thereby enacted and reenforced.

This chapter first provides a brief historical overview of the international indigenous rights movement. It then discusses the definitions of “indigenous peoples”. It also analyzes the content of “indigenous rights,” focusing on the issues of right to self-determination and economic, social and cultural rights, followed by an examination of the role of the UN and indigenous NGOs in protecting and promoting indigenous rights.