On May 29, 2025, the Inter-American Court of Human Rights (IACtHR) adopted Advisory Opinion OC-32/25 on “Climate Emergency and Human Rights.” The advisory opinion sets a major legal precedent by framing climate change as a human rights issue and strengthening state responsibilities to protect both people and environmental defenders.
This historic declaration from the IACtHR was a result of strong collaboration from a network of defenders, and indigenous and ethnic leaders who advocated for the IACtHR to recognize the urgency of adopting effective measures and guarantees for the rights of self-determination of indigenous and tribal peoples, and Afro-descendant and campiseno communities, in accordance with their way of life.
In 2024, EarthRights supported a coalition of 25 Indigenous, tribal, Afro-descendant, and campesino communities and organizations from Colombia, Brazil, Ecuador, Peru, Guatemala, Honduras, and the United States in the development of the amicus brief, as well as accompanying communications and collaborative advocacy strategies designed to raise awareness of these harms among other defenders, organizations, and Indigenous and ethnic communities.
The Court invited the groups that were represented by the briefs and other participating states to a public hearing during its 166th and 167th ordinary sessions in Manaus, Brazil, held between May 27 and 29, 2024. Indigenous and tribal leaders from Louisiana, Alaska, and Colombia testified before the Court, where they emphasized the dire human rights repercussions of climate change in their communities. EarthRights facilitated and supported the hearing by preparing a delegation of leaders from ethnic and rural communities that presented their cases before the Inter-American Court. These efforts consolidated the growth of a network of environmental and human rights NGOs and activists, and increased public awareness around the issues and conditions highlighted in the case.
In collaboration with regional civil society organizations, including The Interamerican Association for Environmental Defenders (AIDA), Center for International Environmental Law (CIEL), DeJusticia, and the Climate Action Network, EarthRights facilitated the drafting of the Declaration of Manaus, which secured the backing of over 400 organizations and summarized the critical points presented during the hearing. It was submitted to the Inter-American Court to advocate for updated legal standards addressing the current climate emergency.
Why it Matters: The AO establishes a key legal precedent on climate change impacts on indigenous and tribal peoples, recognizing their role in environmental protection and clarifying states’ obligation to protect vulnerable communities.
It is crucial that the IACtHR sets strong standards on states’ duties to respect indigenous self-determination and free, prior, and informed consent for all measures affecting them, including climate-related actions. During the public hearing it was highlighted that climate justice and Indigenous rights protection is an urgent need. The Court’s declaration could potentially shape international standards so that those least responsible for climate change are not the most affected. The Court’s Advisory Opinion serves as guidance that interprets binding human rights laws under the American Convention, forcing OAS Member states to align national legislation and policies with these new standards.
Our Contribution: EarthRights provided extensive technical support in various stages leading to the issuance of the AO by the Court. In 2023, the drafting of an amicus brief was conceptualized alongside a network of defenders organized by EarthRights during its 2023 Seminario Program. EarthRights and network members then mobilized its partners and allies in Latin America and the United States to join the advocacy efforts. EarthRights supported the development of the amicus brief, as well as accompanying communications and collaborative advocacy strategies designed to raise awareness of these harms among other defenders, organizations, and Indigenous and ethnic communities. EarthRights also organized and assisted its partners during the public hearing in 2024 and facilitated the drafting of the Declaration of Manaus.
Learn more about the amicus brief and the hearings here: Indigenous and Tribal Communities Advocate for Climate Justice at the IAC, June 2024; EarthRights Amicus Brief, December 2023; Amicus Infografia, May 2024.