Indigenous Peoples are disproportionately impacted at every stage of the plastic lifecycle, from the extraction of the fossil fuel feedstock and plastic production, to the widespread dispersal of maco-, micro- and nanoplastics in the natural environment. They face many barriers to their participation in UN processes and must constantly push for their rights to be upheld and for their full and effective participation to be secured. This constant basic struggle for Indigenous rights and participation can consume all the energy and efforts of Indigenous delegates in UN processes at the expense of all the other important knowledge and messages they carry from their communities and nations to address the very real and serious harms that have been inflicted on their territories and all the life within it. Negotiators at INC-5.2 have a great responsibility to address this serious global crisis, while being reminded that Indigenous Peoples, who are on the frontlines of the plastic pollution crisis, must be equal participants as experts of their own knowledge and science and participate in the process as rightsholders in all decision-making that affects them.

This article examines India’s energy transition agenda, which the central government drives to reduce the impact of climate change through the development of renewable energy. It presents a case study of the ‘Oran Land’ in the Thar desert in India, which is affected by the country’s energy transition agenda. It further highlights issues relating to human rights infringement linked to corporations undertaking the transition and operating in the ‘Orans’—a community-protected land. The article concludes with discussions on legislative developments in India and global best practices that seek to mainstream human rights into business practice and further strengthen compliance with the United Nations Guiding Principles on Business and Human Rights.

This article explores the responsibility of wind energy developers for the rights of Indigenous Peoples whose lands are affected by wind energy projects. Applying a rights-based approach and drawing on three landmark court rulings involving the struggle of Indigenous communities against the development of wind energy projects, the analysis explores the insights provided by the cases for clarifying the responsibility of business actors involved in developing such projects. It examines how Indigenous Peoples’ rights are frequently marginalized or overlooked in the planning and siting of wind energy projects and the need to respect the rights of Indigenous Peoples throughout a project in order to attain a transition that is just. Based on the analysis, we argue for a rights-based approach as the theoretical framework and analytical tool to advance justice in the green transition and a means to articulate the responsibilities of corporate actors within that context.

Canadian commitments under trade and investment treaties have been an ongoing concern for Indigenous peoples. The Canada-United States-Mexico Agreement (CUSMA) is the first Canadian treaty to include a general exception for measures that a party state “deems necessary to fulfill its legal obligations to [I]ndigenous peoples.” This exception is likely to afford Canada broad, but not unlimited, discretion to determine what its legal obligations to Indigenous peoples require. There is a residual risk that Canada’s reliance on the exception could be challenged through the CUSMA dispute settlement process. A CUSMA panel would not have the expertise necessary to decide inevitably complex questions related to what Canada’s legal obligations to Indigenous peoples require. While state-to-state cases under the North American Free Trade Agreement have been rare, a CUSMA panel adjudication regarding the Indigenous general exception risks damaging consequences for Canada’s relationship with Indigenous peoples.