Introduction

Across the world, Indigenous communities are often the most adversely affected by mining activities. In Canada alone, approximately 1,200 Indigenous communities are located within 200 km of mining activities.¹ Mining activities are often carried out with little regard for, and in violation of, the rights of Indigenous peoples on whose traditional territories the mines are located.

Indigenous rights flow from Indigenous peoples’ historic and sacred relationship with their territories.² They are derived from Indigenous laws, governance, practices, customs and traditions. The following sections briefly describe the current protection of Indigenous rights under international and national laws, and showcase jurisdictions that have strong legal provisions to recognize and protect Indigenous peoples’ rights, and that recognize Indigenous control over mining activities on traditional territories.