An introduction to Inuit rights and Arctic sovereignty.

• Author: Campbell, Robin

The rapidly changing climate in the Arctic is opening up the possibility of exploiting the natural resources contained in the Arctic Ocean seabed. Arctic and non-Arctic States are angling to gain control over these resources that were previously locked below the sea ice. What cannot be forgotten in the focus on State sovereignty over the Arctic are the rights of the Indigenous peoples who have lived in the Arctic, including the ice covered Arctic Ocean, long before the rest of the world turned its attention north.

Inuit Rights to the Arctic Ocean

Over the last five years, Senator Charlie Watt has been drawing attention to the rights of Inuit to Arctic Ocean areas of their homeland, called Inuit Nunaat, focusing on the parts of the territory that cover the Arctic Ocean. Inuit Nunaat includes lands in Canada, the United States (Alaska), Denmark (Greenland) and Russia. Importantly, it also covers large portions of the Arctic Ocean and some northern areas of the Atlantic Ocean, the exact areas where the world is now turning its attention. Until recently, much of the Arctic Ocean within Inuit Nunaat was covered by ice for most, if not all, of the year. This has made it possible for Inuit to live on and use the frozen ocean waters as part of their territory. Ice-based territory is unique to Indigenous peoples of the Arctic. Unlike anywhere else in the world, these areas of the ocean have supported human populations and are a vital part of Arctic Indigenous peoples' homelands.

International and Canadian law provide support for Inuit having territorial rights over Arctic waters, ice, as well as the resources that lie above and below the ice. As Indigenous peoples, Inuit rights to Inuit Nunaat are affirmed in the United Nations Declaration on the Rights of Indigenous Peoples (the Declaration) which provides that Indigenous peoples have the right to the lands, territories, and resources which they have traditionally owned, occupied or otherwise used or acquired. The Declaration also requires States and international bodies to respect and protect Indigenous peoples' right to their territories. While it is true that the Declaration is not an international treaty binding on States, the reality is that these rights and the corresponding obligations on States have been upheld by international tribunals, including the Inter-American human rights system. Many of the rights have the status of binding customary law. Further, Canadian law provides...