The right to own or the right to live? Re-examining the human right to private property in the age of the socio ecological crisis through indigenous and South Sámi knowledge and struggles

Abstract

The current climate and biodiversity crisis represents the most significant threat to humanity. In this context, the Human Rights framework has gained prominence internationally by recognising Indigenous knowledge as indispensable for addressing this crisis, and by formalising their rights. However, decolonial scholarship contends that such recognition is often superficial and lacks substantive impact. By bridging gaps in the existing literature and connecting decolonial and Indigenous knowledge with the Human Rights framework - as well as with the solutions needed to address the current crisis - this thesis interrogates the human right to private property as a fundamental obstacle to meaningful Indigenous leadership, the realisation of Indigenous rights, and overcoming the ecological crisis. Employing an Indigenous and decolonial methodology, aiming to centre Indigenous voices, and grounding theory in the lived experience of the South Sámi people, this thesis exposes the philosophical, historical, legal, and structural injustices embedded in the human right to private property. Ultimately, it contends that if the Human Rights framework is to be genuinely universal - or pluriversal - and to contribute substantially to resolving the climate and ecological crisis, it must, at the very least, cease to uphold the human right to private property.