intervention by the state apparatus. At most, the right to self-determination implies a right to participate in decision making concerning matters that affect them.<sup>61</sup> As recognized by the United Nations, this includes ‘the right to _participate_ in decision-making in matters that would affect their rights and states’ duties _to consult and cooperate_ with them to obtain their free, prior and informed consent before adopting and implementing legislative or administrative measures _that may affect them_ .”<sup>62</sup> Consequently, we cannot attempt to justify non-intervention by international organizations in the affairs of nation states and intervention by the state apparatus in the affairs of indigenous peoples on these same grounds. Arguing that indigenous groups within a given state have the same right to maintain their own cultural, political, social, and economic interests parallel to that of the state, devoid of any interference by the state apparatus, indirectly detracts from the right of that nation state to determine its national affairs, exercise its territorial sovereignty or otherwise determine its interests in accordance with its own national identity.

As noted, indigenous sovereignty arouses claims for indigenous groups to exercise physical control over their territories, to control, manage and regulate natural resources found within their territories. However, both the ILO Convention No. 169<sup>63</sup> and the Declaration<sup>64</sup> delegate the protection and preservation of indigenous lands to the state. States are charged with implementing programs to ensure the preservation and protection of indigenous lands. In the wake on increasing global environmental issues, indigenous groups are entitled to both information on and protection against occurrences that are transboundary in nature and are likely to impact their way of life. It is indisputable that indigenous peoples – because they are not absolved from the negative impacts of climate change, environmental degradation, and transboundary atmospheric pollution, among others – are equally entitled to protection against these problems (irrespective of how isolated they may be) and also owe a duty not to cause, contribute to, or exacerbate these issues. While it is conceded that indigenous communities safeguard the environment,<sup>65</sup> rather than engage in industrial activities that exacerbate these environmental challenges and that modern communities are responsible for the pollution they have occasioned, it is also important to note that the effects of these issues can be neither contained nor prevented from impacting indigenous communities.<sup>66</sup> The threatening impact of climate change is reported to be experienced firstly by indigenous communities in the Arctic and the Kalahari.<sup>67</sup> The Karamojong are also reported to suffer from prolonged periods of drought which has affected

> 61 Indigenous Peoples and the United Nations Human Rights System <u>https://www.ohchr.org/sites/default/files/Documents/Publications/fs9Rev.2.pdf.</u> 62 Indigenous Peoples and the United Nations Human Rights System <u>https://www.ohchr.org/sites/default/files/Documents/Publications/fs9Rev.2.pdf.</u>

> 63 Article 7(4) of the ILO Convention.

> 64 Article 29 of the UNDRIP.

> 65 ‘Why protecting Indigenous communities can also help save the Earth’, _The Guardian_ , Oct. 12, 2020, https://www.theguardian.com/climate-academy/2020/oct/12/indigenous-communities-protect-biodiversity-curbclimate-crisis (last visited Jan 19, 2024). See also ‘Indigenous peoples defend Earth’s biodiversity—but they’re in danger', _Environment_ (2018), https://www.nationalgeographic.com/environment/article/can-indigenous-land-stewardship- - <u>protect biodiversity</u> (last visited Jan 19, 2024).

> 66 About indigenous peoples and human rights, _supra_ . 67 UNEP (2023), ‘As Climate Crisis Alters Their Lands, Indigenous Peoples Turn to the Courts’, <u>http://www.unep.org/news-and-stories/story/climate-crisis-alters-their-lands-indigenous-peoples-turn-courts (last</u> visited Jan 19, 2024).

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