The article examines the environmental impact assessment of hydropower dams as an opportunity for applying indigenous laws. Although indigenous laws of affected communities exist and have guided the management of land and natural resources for millennia, they have not yet occupied a significant place in state-led decision making. Consequently, decisions to approve dams, based on state laws and officials' discretionary power, affect indigenous peoples in distinct and profound ways. The analysis is based on the comparison between two decision-making processes-Site C (Canada) and Belo Monte (Brazil) dams. The methodology includes the application of principles from the environmental justice literature, the analysis of interviews, case law and legislation. The article concludes that environmental justice for indigenous peoples in environmental decision making of projects with significant impacts, such as large dams, requires recognizing and making institutional spaces for implementing indigenous laws.
| INTRODUCTIONLarge hydroelectric projects have been the focus of heated debate for decades globally, especially considering the effects of damming rivers on socio-ecological systems. 1 Indigenous peoples' close connection with and reliance on the rivers, lands, and ecosystems make those communities vulnerable to environmental degradation. 2 Taking up indigenous land, adverse effects on fish population and fish habitat and mercury accumulation in reservoirs are a few examples of impacts with profound implications for indigenous communities. 3 Concurrently, the processes that states adopt to assess the impacts and decide about dams often exclude the most affected people. 4 Many large dams from the mid-20th century in operation today have been built without environmental impact assessment (EIA). Indigenous and traditional peoples have consistently questioned the processes of consultation that integrate the decision making. Government agencies responsible for assessing dams do not substantively and 1