Indigenous Peoples and the Rights of Nature: A comparative analysis of environmental justice from the Philippines to the global stage

Abstract

The Rights of Nature (RoN) framework provides that nature has inherent rights independent from economic and environmental rights of humans. To realise this, nature's own legal standing in court needs to be recognised. This article discusses the interconnection of the RoN framework and the rights of Indigenous Peoples, emphasising the need to fully integrate the RoN framework into State‐based legal systems to protect the rights of Indigenous Peoples and the environment. This article argues that such integration would significantly enhance legal protections in countries with rich biodiversity and Indigenous heritage. The article highlights the Philippines paradoxical position as one of the world's 18 mega‐biodiverse countries with a high population of Indigenous Peoples, while simultaneously being the most dangerous country for environmental defenders in Asia. The article also examines the role of courts and tribunals from different jurisdictions by dissecting landmark cases that decided on the environmental rights of Indigenous Peoples and how each government responded to these decisions. In the Philippines, remedies like the Writ of Kalikasan remain structurally constrained, requiring proof of extreme damage to residents across multiple cities or provinces. Through a comparative legal analysis of global jurisprudence, such as the Endorois case in Kenya and the Torres Strait Islanders case in Australia, the article demonstrates how the rights of Indigenous Peoples remain at risk and how the RoN framework can fill in the gaps in traditional anthropocentric environmental laws and policies. In its conclusion, the article underscores cross‐jurisdictional lessons on the implementation of the RoN framework and how it can strengthen protection mechanisms for Indigenous Peoples' rights and towards a more holistic and sustainable path to environmental justice.