Journal articles: 'Indigenous right to self-determination'

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Gregg, Benjamin. "A Socially Constructed Human Right to the Self‑determination of Indigenous Peoples." Deusto Journal of Human Rights, no. 1 (December 11, 2017): 105–43. http://dx.doi.org/10.18543/djhr-1-2016pp105-143.

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I propose a human right to self‑determination for indigenous peoples as a something in each case developed by the indigenous people and valid only if embraced by that people. That is, I approach human rights as social constructs toward (1) arguing for the social construction of indigenous peoples themselves, (2) with certain limits on indigenous rights to autonomy and diversity even as they construct collective rights for themselves, (3) in this way achieving the internal self‑determination of indigenous peoples, whereby an indigenous people would design its own human right to self‑determination without thereby undermining individual rights, (4) by means of a social and political movement that I conceive as a metaphorical «human rights state.»Received: 25 July 2016Accepted: 30 November 2016Published online: 11 December 2017

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Barelli, Mauro. "Shaping Indigenous Self-Determination: Promising or Unsatisfactory Solutions?" International Community Law Review 13, no. 4 (2011): 413–36. http://dx.doi.org/10.1163/187197311x599450.

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AbstractThe right of peoples to self-determination represents one of the most controversial norms of international law. In particular, two questions connected with the meaning and scope of this right have been traditionally contentious: first, who constitutes a ‘people’ for the purposes of self-determination, and, secondly, what does the right of self-determination actually imply for its legitimate holders. Against this unsettled background, the 2007 United Nations Declaration on the Rights of Indigenous Peoples (UNDRIP) affirmed, in a straightforward manner, that indigenous peoples have the right to self-determination. In light of the uncertainties that were mentioned above, it becomes necessary to clarify the actual implications of this important recognition. This article will seek to do so by discussing the drafting history of the provision on self-determination contained in the UNDRIP and positioning it within the broader normative framework of the instrument.

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Koivurova, Timo. "From High Hopes to Disillusionment: Indigenous Peoples' Struggle to (re)Gain Their Right to Self-determination." International Journal on Minority and Group Rights 15, no. 1 (2008): 1–26. http://dx.doi.org/10.1163/138548708x272500.

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AbstractThis article will examine three international processes wherein the right to self-determination of indigenous peoples has been taken up: the process whereby the United Nations (UN) General Assembly adopted the UN Declaration on the Rights of Indigenous Peoples (UN Declaration), the intention to negotiate a Nordic Saami Convention (Draft Convention) and the practice of the Human Rights Committee (HRC) in monitoring the observance of the International Covenant on Civil and Political Rights (Covenant). All of these processes have enunciated indigenous peoples' right to self-determination, but any claim to such a right has met with resistance from the states, with the reasons for such resistance examined here. The aim is to study why it is so difficult to insert indigenous peoples into international law as category and, in particular, to have states accept their right to self-determination. In the conclusions, it is useful to ask whether the problems experienced in promoting the right to self-determination of indigenous peoples are mere setbacks or whether they contain elements that might inform the international movement of indigenous peoples more generally.

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Koivurova, Timo. "Sovereign States and Self-Determining Peoples: Carving Out a Place for Transnational Indigenous Peoples in a World of Sovereign States." International Community Law Review 12, no. 2 (2010): 191–212. http://dx.doi.org/10.1163/187197310x498598.

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AbstractEven though self-determination of peoples has an esteemed place in international law, it seems fairly clear that peoples divided by international borders have difficulty in exercising their right to self-determination. It is thus interesting to examine whether general international law places constraints on trans-national peoples’ right to self-determination. Of particular interest in this article is to examine whether indigenous peoples divided by international borders have a right to self-determination, given the recent adoption of the 2007 United Nations Declaration on the Rights of Indigenous Peoples. The article will also take up cases where transnational indigenous peoples of Sami and Inuit have tried to exercise their joint self-determination and whether we can, in fact, argue that indigenous peoples divided by international borders have a right to exercise their united self-determination.

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Herr, Ranjoo Seodu. "Too liberal for global governance? International legal human rights system and indigenous peoples’ right to self-determination." Journal of International Political Theory 13, no. 2 (February 1, 2017): 196–214. http://dx.doi.org/10.1177/1755088217691541.

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This article considers whether the international legal human rights system founded on liberal individualism, as endorsed by liberal theorists, can function as a fair universal legal regime. This question is examined in relation to the collective right to self-determination demanded by indigenous peoples, who are paradigmatic decent nonliberal peoples. Indigenous peoples’ collective right to self-determination has been internationally recognized in the Declaration on the Rights of Indigenous Peoples, which was adopted by the United Nations in 2007. This historic event may seem to exemplify the international legal human rights system’s ability to function as a truly global legal regime applicable cross-culturally to all well-ordered societies, whether liberal or nonliberal. The article argues, however, that the collective right to self-determination advocated by indigenous peoples for the sake of cultural integrity is inconsistent with the international legal human rights system founded on liberal individualism. By showing the plausibility of indigenous peoples’ defense of their cultural integrity, this article suggests that the international legal human rights system ought to be reconceptualized to reflect a genuine international consensus on human rights among all well-ordered societies if it is to function as a just mechanism for global governance.

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Cambou, Dorothée. "Enhancing the Participation of Indigenous Peoples at the Intergovernmental Level to Strengthen Self-Determination: Lessons from the Arctic." Nordic Journal of International Law 87, no. 1 (March 14, 2018): 26–55. http://dx.doi.org/10.1163/15718107-08701002.

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With a focus on the right of indigenous peoples to self-determination, and an eye on Arctic practices, this article analyses the right of indigenous peoples to self-determination and its exercise at the intergovernmental level. While the exercise of self-determination necessarily implies the right of indigenous peoples to autonomy in their internal and local matters and their involvement in decision-making at the state level, this article argues that self-determination additionally includes the right of indigenous peoples to be represented and to participate in the international arena: the intergovernmental aspect of self-determination. Although this analysis determines that it is yet too early to indicate the existence of a fully-fledged right, this article also evidences that there is a new policy goal at the un level, accompanied by practices at the arctic regional level, which could support the emergence of such a right in the future.

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Sargent, Sarah, and Graham Melling. "INDIGENOUS SELF-DETERMINATION: THE ROOT OF STATE RESISTANCE." Denning Law Journal 24, no. 1 (November 27, 2012): 117–37. http://dx.doi.org/10.5750/dlj.v24i1.394.

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States have long expressed some resistance towards granting the right of self-determination to identifiable groups of people within their boundaries. This includes the granting of the right to minorities and to indigenous groups. One of the ways in which this reluctance reveals itself is in States‟ resistance to the granting of recognition of “peoples” to certain groups. States, it would seem, draw the erroneous conclusion that recognition of groups as “peoples” under international law will inexorably lead to such “peoples” asserting a right to self-determination and with that an unfettered ability to secede from the state. However states‟ fear of indigenous secession has no realistic basis. Yet states continually resist the idea of indigenous self-determination.

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Nobirabo Musafiri, Prosper. "Right to Self-Determination in International Law: Towards Theorisation of the Concept of Indigenous Peoples/National Minority?" International Journal on Minority and Group Rights 19, no. 4 (2012): 481–532. http://dx.doi.org/10.1163/15718115-01904006.

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The problem of the concept of the right to self-determination under international human rights is that it is vague and imprecise. It has, at the same time, generated controversy as it leaves space for multiple interpretations in relevant international legal instruments. This paper examines if indigenous people and minority groups are eligible to the right to self-determination. If so, what is the appropriate interpretation of such right, in light of indigenous/minority groups at national as well as the international level?

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Schultz, Laine. "Self-determining Multiculturalism." International Journal of Critical Indigenous Studies 8, no. 2 (June 1, 2015): 55–66. http://dx.doi.org/10.5204/ijcis.v8i2.126.

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The burgeoning human rights discourse of the twentieth century inspired new attention to the location of minority groups within the nation-state and their experiences of violence, discrimination and inequality. The result has been attempts by the nation to address the diversity of its population through the recognition of cultural difference. Attending to two particular rights claims—those of Indigenous self-determination and multiculturalism—we can find a tendency toward subsuming the former within those of the latter. This is a move that results from a top-down approach to the recognition of difference, reproducing colonialist priorities and jurisprudence, and significantly undermining the goals and meanings of Indigenous self-determination. By contrast, when self-determination is approached from the bottom-up, we can gain new perspectives on the meanings of this Indigenous right, expanded to encompass a range of relationships, all crucially built in response to Indigenous identities as First Peoples.

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Kraljić, Suzana, and Armin-Bernhard Stolz. "Indigenous Peoples: From Unrighteousness to the Right to Self-Government." Lex localis - Journal of Local Self-Government 8, no. 1 (January 13, 2010): 35–63. http://dx.doi.org/10.4335/8.1.35-63(2010).

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In the past, indigenous peoples were exposed to many violations of human rights. They were treated as nations without rights and civilisation. Colonial powers confiscated their land without paying any compensation. Their culture, religion, language, social and judicial systems were annulled or even destroyed. Members of indigenous peoples were victims of ethnocide/genocide and were used as cheap labour force. Today, many live on the edge of human society and deal with different problems (alcohol, drugs, crime). National efforts and trends to abolish the injustice made in the past, and efforts for the improvement of the present situation of members of indigenous peoples have brought fruit because indigenous peoples have reached a certain degree of autonomy in different countries through the right to self-determination and the right to self-government. Declaration on the Rights of Indigenous Peoples was adopted in 2007. It represents an important milestone in resolving many issues associated with indigenous peoples, even though individual countries with many indigenous peoples have not supported it.

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Marquardt, Stephan. "International law and indigenous peoples." International Journal on Minority and Group Rights 3, no. 1 (1995): 47–76. http://dx.doi.org/10.1163/157181195x00039.

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AbstractIndigenous people- international law - self-determination. In recent years, indigenous people have become increasingly active at the international level. Recent developments, in particular the drafting of a UN declaration on the rights of indigenous peoples, indicate that new rules of international law may be emerging from this process. The new developments raise the question of the legal status of indigenous peoples. This question has essentially two elements: whether indigenous peoples may claim sovereign rights and whether the right to self-determination of peoples is applicable to them. A number of arguments suggest that a positive answer may be given to these two questions. An important aspect in this context is that indigenous peoples should be distinguished from minorities.

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Bursac, Slobodanka. "The right of peoples to self-determination." Medjunarodni problemi 62, no. 2 (2010): 276–313. http://dx.doi.org/10.2298/medjp1002276b.

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Applying as a criterion the area of achievement the author divides the right of peoples to self-determination to external and internal, while it is divided to political, economic and cultural when applying the sphere of social life as a criterion. While the right to self-determination undoubtedly belongs to peoples the recognition of this right to other groups, such as indigenous peoples and minorities requires a deeper analysis. The author defines the concept of holders of the right to self-determination that necessarily includes a territorial element. By all this, she analyses two concepts that are related to this right - uti possidetis principle and safeguard clause.

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Miller, Russell A. "Collective Discursive Democracy as the Indigenous Right to Self-Determination." American Indian Law Review 31, no. 2 (2006): 341. http://dx.doi.org/10.2307/20070791.

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Dörr, Dieter. "Biopiracy and the right to self-determination of indigenous peoples." Phytomedicine 53 (February 2019): 308–12. http://dx.doi.org/10.1016/j.phymed.2018.10.019.

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Tooley, Chris. "Indigenous peoples: in pursuit of the right to self-determination." Cambridge Review of International Affairs 21, no. 1 (March 2008): 5–6. http://dx.doi.org/10.1080/00207210701828366.

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Hossain, Kamrul. "Hunting by Indigenous Peoples of Charismatic Mega-Fauna: Does Human Rights Approach Challenge the Way Hunting by Indigenous Peoples is Regulated?" International Community Law Review 10, no. 3 (2008): 295–318. http://dx.doi.org/10.1163/187197308x346823.

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AbstractTwo International Covenants (the International Covenant on Civil and Political Rights and the International Covenant on Economic, Social and Cultural Rights) in common Article 1 highlighted that 'all peoples' have the right to self-determination to freely determine their 'political status' and freely dispose of their 'natural wealth and resources'. The International Covenant on Civil and Political Rights, in Article 27 provides protection of the rights belonging to minority cultures, religion and language. The idea of 'indigenous peoples' was apparently an underdeveloped area at the time of the adoption of the Covenants. The concept of indigenous peoples' rights has developed relatively recently. Thus, whether indigenous peoples are 'peoples' within the meaning of the Covenant, and thereby may be capable of enjoying the right to self-determination has been an unsettled case. When in many countries indigenous peoples form a minority, they are, however, identical as distinct from other minority groups in those countries because of their own way of livelihood and preservation of traditional culture and knowledge. Recent normative development pronounced by the Human Rights Committee suggests that indigenous peoples should be treated as 'peoples' within the meaning of Article 1 of the Covenant and as 'people' they have right to enjoy their traditional way of livelihood including right to enjoy their culture. Thus, the main focus of the article is to examine whether a human rights approach to indigenous peoples' rights has evolved to challenge the international regulatory approach currently applicable to the management of Whale and Polar Bear regime and their traditional hunt by the indigenous peoples.

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Shikova, Natalija. "The possibilities and limits of non-territorial autonomy in securing indigenous self-determination." Filozofija i drustvo 31, no. 3 (2020): 363–81. http://dx.doi.org/10.2298/fid2003363s.

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Non-territorial autonomy (NTA) incorporates a mixture of different arrangements such as consociationalism and national-cultural autonomy (NCA), and forms of representation that de-territorialize self-determination. The paper analyses NTA possibilities in reaching indigenous self-governance and reveals the dilemmas in the applicability of NTA for securing the right to self-determination of indigenous peoples. Although the practice points towards some positive examples and successes of NTA institutions related to ingenious peoples (e.g. S?mi Parliaments), the question remains whether NTA holds sufficient potential for addressing indigenous needs upheld by the international principle ?right to land, territories and traditionally owned resources.?

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Shrinkhal, Rashwet. "“Indigenous sovereignty” and right to self-determination in international law: a critical appraisal." AlterNative: An International Journal of Indigenous Peoples 17, no. 1 (March 2021): 71–82. http://dx.doi.org/10.1177/1177180121994681.

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It is worth recalling that the struggle of indigenous peoples to be recognised as “peoples” in true sense was at the forefront of their journey from an object to subject of international law. One of the most pressing concerns in their struggle was crafting their own sovereign space. The article aims to embrace and comprehend the concept of “indigenous sovereignty.” It argues that indigenous sovereignty may not have fixed contour, but it essentially confronts the idea of “empire of uniformity.” It is a source from which right to self-determination stems out and challenges the political and moral authority of States controlling indigenous population within their territory.

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Sakshi. "The Girijas case and its implications for the Sámi hunting and fishing rights in Sweden." Environmental Law Review 23, no. 2 (June 2021): 169–75. http://dx.doi.org/10.1177/14614529211013604.

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The recent case by Girija Sámeby against the Swedish State, asserting its exclusive right to hunt and fish, has ignited many conversations. While the favourable treatment of the Sámi claim by the Supreme Court has elicited celebratory responses, the case has been considered a moment of reckoning for the broader Indigenous rights framework in Sweden. The initial claim by the Girija reindeer herding community that it had the exclusive right not only to hunt and fish but also to lease such a right to others has made its way to the Supreme Court and is now affirmed. Unsurprisingly, the court, faced with an unprecedented challenge of determining the remit of rights in the commercial realm, has fallen back on known doctrines, such as ‘immemorial prescription’, to resolve the case. Nonetheless, the underlying concerns for Indigenous rights over land, self-determination, sovereignty, and the postcolonial reconciliation process remain to be examined within and outside juridical spaces. Although recognition of Indigenous voice has witnessed some progress in the realm of the executive and the legislature, the judiciary is yet to develop a progressive jurisprudence concerning Indigenous culture, economic, and social rights. The Girija Sámeby case may well be the first of its kind where the judiciary is proactive in recognising the changing nature of Indigenous autonomy, self-determination, and economy.

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Lawrence, Rebecca, and Ulf Mörkenstam. "Indigenous Self-determination through a Government Agency? The Impossible Task of the Swedish Sámediggi." International Journal on Minority and Group Rights 23, no. 1 (January 30, 2016): 105–27. http://dx.doi.org/10.1163/15718115-02301004.

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The last two decades have witnessed a growing global acknowledgement of indigenous rights, for instance manifested in the 2007 unDeclaration on the Rights of Indigenous Peoples. The Nordic countries have all responded to the rights claims of the indigenous Sámi people by establishing popularly elected Sámediggis (Sámi Parliaments) to serve as their representative bodies. Internationally, the Sámediggis are often referred to as ‘models’ for indigenous self-governance and participation. Using in-depth interviews with politicians and civil servants, this article provides the first empirical study of the daily work of the Swedish Sámediggi, with a specific focus on its institutional design as a government agency with dual roles: as an administrative authority under the Swedish government and as a popularly elected representative body of the Sámi people. We examine how these dual roles affect the work of the Sámediggi and if the Swedish Sámediggi safeguards the Sámi right to self-determination.

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Szpak, Agnieszka. "The Right of Indigenous Peoples to Self-Determination: International Law Perspective." Athenaeum Polskie Studia Politologiczne 59 (September 30, 2018): 178–204. http://dx.doi.org/10.15804/athena.2018.59.12.

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Omar, Sidi M. "The right to self-determination and the indigenous people of Western Sahara." Cambridge Review of International Affairs 21, no. 1 (March 2008): 41–57. http://dx.doi.org/10.1080/09557570701828584.

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Sidorova, Evgeniia, and Roberta Rice. "Being Indigenous in an Unlikely Place: Self-Determination in the Yakut Autonomous Soviet Socialist Republic (1920-1991)." International Indigenous Policy Journal 11, no. 3 (August 26, 2020): 1–18. http://dx.doi.org/10.18584/iipj.2020.11.3.8269.

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How and why is Indigeneity expressed differently in different contexts? This article examines the articulation and expression of Indigenous Rights in one of the most challenging contexts—that of Siberia in the Soviet Union era. Based on primary, archival research carried out in the Republic of Sakha, Russia, the review finds that re-claiming and re-defining Indigeneity can serve as the first step in crafting an effective challenge to the domination and control exercised by states over Indigenous populations. The study of Indigeneity in unlikely places has important ramifications for Indigenous Peoples worldwide who are struggling against colonial-minded governments that have not only deprived Indigenous Peoples of their lands and resources, but also suppressed their right to self-identification through imposed administrative definitions of Indigeneity.

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Horneman-Wren, Brigid. "Prison art programs: Art, culture and human rights for Indigenous prisoners." Alternative Law Journal 46, no. 3 (April 21, 2021): 219–24. http://dx.doi.org/10.1177/1037969x211008977.

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This article argues that prison art programs are central to the human rights of Indigenous detainees. It examines how these programs are most commonly understood in terms of their rehabilitative value, an approach which fails to fully capture the right of Indigenous detainees to participation in them. It argues that a human rights framework should be applied to prison art programs. This recognises the pivotal role art programs play in realising a multitude of interconnected rights, upholds the voices of Indigenous prisoners and emphasises the crucial place of self-determination in the design, delivery and ultimate success of programs.

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Barghouti, Omar. "Organizing for self-determination, ethical de-Zionization and resisting apartheid." Contemporary Arab Affairs 2, no. 4 (October 1, 2009): 576–86. http://dx.doi.org/10.1080/17550910903237145.

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This paper argues for a secular, democratic state in historic Palestine as the most morally coherent solution to the century-old colonial conflict because it offers the best hope for reconciling the inalienable right of the indigenous Palestinians to self-determination and the acquired rights of the colonial settlers to live in peace and security, individually and collectively. Accepting colonists as equal citizens and full partners in building and developing a new shared society is the most magnanimous offer any oppressed indigenous population can present to its oppressors, but for such to be attained, settlers must shed colonial privileges and character, accept justice, unmitigated equality, and conscious integration into the region. Building a just and lasting peace anchored in international law and universal human rights, conducive to ethical coexistence requires the ethical decolonization, or de-Zionization of historic Palestine. Such a process is premised on a revitalized, democratized Palestinian civil resistance movement with a clear vision for a shared, just society and effective worldwide support for reaffirming Palestinian rights and ending Israel's violations of international law and universal rights. By emphasizing the equality of humanity as its most fundamental principle, this paper shows that the proposed secular democratic state promises to transcend national and ethnic dichotomies that now make it nearly impossible to envision reaching any just solution to the most intricate questions.

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Inman, Derek, Dorothée Cambou, and Stefaan Smis. "Evolving Legal Protections for Indigenous Peoples in Africa: Some Post-UNDRIP Reflections." African Journal of International and Comparative Law 26, no. 3 (August 2018): 339–65. http://dx.doi.org/10.3366/ajicl.2018.0236.

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Prior to the adoption of the United Nations Declaration on the Rights of Indigenous Peoples (UNDRIP) many African states held a unified and seemingly hostile position towards the UNDRIP exemplified by the concerns outlined in the African Group's Draft Aide Memoire. In order to gain a better understanding of the protections offered to indigenous peoples on the African continent, it is necessary to examine the concerns raised in the aforementioned Draft Aide Memoire and highlight how these concerns have been addressed at the regional level, effectively changing how the human rights norms contained within the UNDRIP are seen, understood and interpreted in the African context. The purpose of this article is to do just that: to examine in particular how the issue of defining indigenous peoples has been tackled on the African continent, how the right to self-determination has unfolded for indigenous peoples in Africa and how indigenous peoples' right to free, prior and informed consent has been interpreted at the regional level.

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Lee, Taryn. "The Rights Granted to Indigenous Peoples under International Law." International Community Law Review 18, no. 1 (February 23, 2016): 53–71. http://dx.doi.org/10.1163/18719732-12341321.

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Indigenous peoples in Australia have been adversely affected by the process of colonisation by the British Crown. Despite Australia’s adoption of the United Nations Declaration on the Rights of Indigenous Peoples (‘Declaration’), there is little evidence that it is an effective means of redressing the historical wrongs suffered by Indigenous communities in Australia. This essay outlines the experience of Indigenous peoples in Australia and examines the utility of the Declaration in international law. While observing that Indigenous peoples have had limited engagement with the Declaration, there is still potential for the Declaration to affect change through its underpinning principles of the right to self-determination and the status of Indigenous peoples as distinct political groups.

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Loukacheva, Natalia. "Arctic indigenous peoples' internationalism: in search of a legal justification." Polar Record 45, no. 1 (January 2009): 51–58. http://dx.doi.org/10.1017/s0032247408007742.

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ABSTRACTThis paper focuses on the evolution and development of the legal scope of governance and the right to autonomy in the Arctic context by considering contemporary indigenous internationalism through a legal lens and by employing examples from the Arctic indigenous peoples of Greenland and Nunavut. It argues that depending on national policy, partnerships, and relations, there are possibilities for considering direct international representation, and the participation of autonomous sub-national units or indigenous peoples, as a part of the right to autonomy/self-government or internal self-determination. Since indigenous peoples have a limited legal personality and capacity in international law, the states of which they are a part can take special measures to accommodate their needs.

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Vrdoljak, Ana Filipa. "Indigenous Peoples, World Heritage, and Human Rights." International Journal of Cultural Property 25, no. 3 (August 2018): 245–81. http://dx.doi.org/10.1017/s0940739118000218.

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Abstract:Indigenous peoples’ emphasis on protecting their cultural heritage (including land) through a human rights-based approach reveals the synergies and conflicts between the World Heritage Convention and the UN Declaration on the Rights of Indigenous Peoples (UNDRIP). This article focuses on how their insistence on the right to participate effectively in decision-making and centrality of free, prior, and informed consent as defined in the UNDRIP exposes the limitations of existing United Nations Educational, Scientific and Cultural Organization and World Heritage Convention processes effecting Indigenous peoples, cultures, and territories and how these shortcomings can be addressed. By tracking the evolution of the UNDRIP and the World Heritage Convention from their drafting and adoption to their implementation, it examines how the realization of Indigenous peoples’ right to self-determination concerning cultural heritage is challenging international law to become more internally consistent in its interpretation and application and international organizations to operate in accordance with their constitutive instruments.

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Genugten, Willem van. "Protection of Indigenous Peoples on the African Continent: Concepts, Position Seeking, and the Interaction of Legal Systems." American Journal of International Law 104, no. 1 (January 2010): 29–65. http://dx.doi.org/10.5305/amerjintelaw.104.1.0029.

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African indigenous peoples confront gross human rights violations, both on the macrolevel of the peoples as a whole, and on the microlevel of the individuals belonging to them. These violations relate to such issues as the right to self-determination; the ownership of land and natural resources, as part of their right to life; the existence of distinct political and economic institutions; discrimination; and lack of access to justice. Taking these and other violations as a starting point, this article focuses on whether the Declaration on the Rights of Indigenous Peoples (the Declaration),1 as adopted in 2007 by the United Nations General Assembly, might be instrumental in helping to solve these problems.

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Bhandari, Surendra. "From External to the Internal Application of the Right to Self-Determination: The Case of Nepal." International Journal on Minority and Group Rights 21, no. 3 (August 19, 2014): 330–70. http://dx.doi.org/10.1163/15718115-02103002.

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Even until a few decades ago, international law and its principles could hardly be contemplated as playing catalytic roles in fashioning the rights of people at domestic levels. Today a number of international instruments do not only constitute the rights of people, but also people are giving much prominence to rights enshrined in international law and demanding their implementation at domestic levels. In this context, Nepal presents a noteworthy case, especially in regard to the protection and promotion of the rights of minority groups, ethnic groups, and indigenous people at the domestic level in consonance with international laws related to the rights of self-determination. Against this background, this paper examines the issue of the right to self-determination, its external and internal application, its epistemology, and problems associated with its implementation in the context of state restructuring in the post-conflict period of Nepal.

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Brölmann, Catherine M., and Marjoleine Y. A. Zieck. "Some Remarks on the Draft Declaration on the Rights of Indigenous Peoples." Leiden Journal of International Law 8, no. 1 (1995): 103–13. http://dx.doi.org/10.1017/s0922156500003125.

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The history of indigenous peoples is not a fortunate one: colonization,discrimination, exploitation, dispossession, relocation, and genocide have been their lot.1 Indigenous peoples seek recognition as distinct groups in order to preserve their culture and, plainly, to survive. Their wish for recognition is coupled with various demands, ranging from political participation to autonomy, self-government and independence, often subsumed under ‘the right of self-determination’. Although, throughout this century,attempts have been made to improve the plight of indigenous peoples,these have proven inadequate so far.2 In 1994, after nine years of preparation,the UN Working Group on Indigenous Populations (hereinafter:Working Group) finalised the draft of a Declaration on the Rights of Indigenous Peoples. With its adoption by the UN Sub-Commission on Prevention of Discrimination and Protection of Minorities (hereinafter:UN Sub-Commission)in August 1994, 3 the draft Declaration has commenced its course towards adoption by the General Assembly.

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Lehman, Kathryn. "Beyond Academia: Indigenous media as an intercultural resource to unlearn nation-state history." Revista Tempos e Espaços em Educação 10, no. 21 (March 15, 2017): 29–40. http://dx.doi.org/10.20952/revtee.v10i21.6330.

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This article proposes that settler communities cannot teach or understand our shared intercultural history without listening to ideas presented by Indigenous communities about their own history in lands currently occupied by modern nation- -states. This history enables us to understand the power of the ethnographic gaze and its relation to The Doctrine of Discovery (1493), which extinguished Indigenous rights to lands and resources, rights later transferred to the modern nation- -states through the legal notion of “eminent domain”. These rights include the ownership of intangibles such as the image and storytelling through photography and film. Maori scholars Linda Tuhiwai Smith, Barry Barclay and Merata Mita are cited on knowledge production, copyright and image sovereignty to decolonise our understanding of the right to self-representation. The study includes a brief analysis of films that help decolonise an ethnographic gaze at these relationships, particularly the Brazilian documentary “O Mestre e o Divino” by Tiago Campos Torre (2013).Keywords: Indigenous peoples. Nation-state history. Film. Self- -determination.

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Wilson, Amanda, Charles Z. Levkoe, Peter Andrée, Kelly Skinner, Andrew Spring, Sonia Wesche, and Tracey Galloway. "Strengthening Sustainable Northern Food Systems: Federal Policy Constraints and Potential Opportunities." ARCTIC 73, no. 3 (September 28, 2020): 292–311. http://dx.doi.org/10.14430/arctic70869.

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This paper explores how Canadian federal policy and frameworks can better support community-based initiatives to reduce food insecurity and build sustainable food systems in the North. Through an examination of the current state of food systems infrastructure, transportation, harvest, and production in the Yukon, Northwest Territories, Nunavut, Nunavik, and Nunatsiavut, we argue in favour of a multi-sector approach that supports diversified food systems, including traditional/country food production and distribution, in a way that values and prioritizes community-led initiatives and Indigenous peoples’ self-determination and self-governance. The challenge of developing sustainable, northern food systems requires made-in-the-North solutions that are attuned to cultural, geographic, environmental, and political contexts. Recent policy developments suggest some progress in this direction, however much more work is needed. Ultimately, sustainable northern food systems must be defined by and for Northerners at community, local, and regional levels, with particular attention paid to treaty rights and the right to self-determination of First Nations and other Indigenous communities.

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Kent, Alexandra. "The Van der Peet Test: Constitutional Recognition or Constitutional Restriction?" Arbutus Review 3, no. 2 (December 5, 2012): 20–36. http://dx.doi.org/10.18357/tar32201211640.

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This article uses the case of R. v. Van der Peet to critically analyze the role of language in Section 35(1) of the Canadian Constitution in perpetuating asymmetrical power dynamics within the framework of colonialism. In defining which practices are protected in the form of Indigenous rights under Section 35(1), the courts have imposed a two-stage test called the Integral to a Distinctive Culture Test or Van der Peet Test. This test stipulates three criteria; the practice must: originate from "pre-contact", be "distinctive", and conform or "reconcile" with state sovereignty. This article demonstrates how these criteria hinder the development of Indigenous rights, restrict the scope of such rights, and marginalize Indigenous peoples in Canadian society. Analyzing the role of the deliberative wording of this constitutional order reveals a foundation for contemporary colonialism and oppression, whereby colonial power relations are facilitated and secured by antiquated, ethnocentric ideals upheld by the Judiciary. Exposing the illegitimacy embedded within the State's uninhibited, exclusive sovereignty directs this discussion to the suggestion that the State lacks the authority to grant Indigenous rights. This article concludes with the argument that, as the original inhabitants of this land, Indigenous Nations possess the inherent extra-constitutional right to self-determination that can only be achieved through self-affirmation.

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Caribou, Jeremie. "Born the Year after the Flood." South Atlantic Quarterly 118, no. 4 (October 1, 2019): 921–27. http://dx.doi.org/10.1215/00382876-7825738.

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This essay reveals the true history of my people. It demonstrates our highly developed social, spiritual, and political governance structures. Our use of the water systems underscores the ecological integrity of sustainable development that we fostered for thousands of years. Yet, due to colonization and oppressive policies designed to destroy Indigenous identity, culture, and history, Indigenous knowledge and governing systems have been put in jeopardy. Colonial policies intended to dispossess and oppress First Nations by depriving us from Indigenous lands, controlling all aspects of our lives, which created dependence by limiting Indigenous peoples’ abilities to provide for themselves. Furthermore, these policies had no Indigenous input or representation and were designed to eradicate or eliminate Indigenous rights, titles, and the right to self-determination to easily gain access to Indigenous lands for development and industrialization, such as in the case of the massive hydroelectrical dams that continue to alienate my home community today.

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Arjjumend, Hasrat. "Recognition of Customary Law and Institutions and Community Protocols of Indigenous People in Domestic ABS Legislation or Policies in Accordance with the Provisions of Nagoya Protocol." Journal of Vasyl Stefanyk Precarpathian National University 5, no. 2 (August 23, 2018): 67–82. http://dx.doi.org/10.15330/jpnu.5.2.67-82.

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The Nagoya Protocol on Access and Benefit Sharing (ABS) provides for the rights of Indigenous people and local communities in accordance with United Nations Declaration of Rights of Indigenous People. The Parties are obliged to take legislative, administrative and technical measures to recognize, respect and support/ensure the customary laws & institutions and community protocols of Indigenous peoples and local communities (ILCs). Within the ambit of contemporary debates encompassing Indigenous peoples’ right to self-determination, this paper examines the effectiveness of international law (i.e. Nagoya Protocol) to influence existing or evolving domestic laws, policies or administrative measures of Parties on access and benefit sharing. Through opinion surveys of Indigenous organizations and national authorities of CBD’s Parties, the findings indicate that the space, recognition and respect created in existing or evolving domestic ABS measures for rights of Indigenous communities are too inadequate to effectively implement the statutory provisions related to customary laws & institutions and community protocols, as envisaged in Nagoya Protocol. As the bio-cultural rights of Indigenous people are key to conservation and sustainable use of biodiversity, the domestic ABS laws need reorientation to be sufficiently effective in translating the spirit of international ABS laws into domestic policies.

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Oguamanam, Chidi. "Indigenous Peoples, Data Sovereignty, and Self-Determination: Current Realities and Imperatives." African Journal of Information and Communication, no. 26 (December 15, 2020): 1–20. http://dx.doi.org/10.23962/10539/30360.

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Abstract This study explores the current state and dynamics of the global Indigenous data sovereignty movement—the movement pressing for Indigenous peoples to have full control over the collection and governance of data relating to their lived realities. The article outlines the movement’s place within the broader push for Indigenous self-determination; examines its links to big data, open data, intellectual property rights, and access and benefit-sharing; details a pioneering assertion of data sovereignty by Canada’s First Nations; outlines relevant UN and international civil society processes; and examines the nascent movement in Africa. The study identifies a fundamental tension between the objectives of Indigenous data sovereignty and those of the open data movement, which does not directly cater for Indigenous peoples’ full control over their data. The study also identifies the need for African Indigenous peoples to become more fully integrated into the global Indigenous data sovereignty movement.

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Lothamer, Hailey. "Section 35 of the Canadian Constitution Act and Indigenous Self-Determination in Canada." Political Science Undergraduate Review 6, no. 1 (April 19, 2021): 14–21. http://dx.doi.org/10.29173/psur183.

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This research paper analyzes the impacts of Section 35 of the Canadian Constitution on the enhancement of Indigenous rights in Canadian politics. As outlined in Section 35, Indigenous rights are recognized as pre-existing prior to the Constitution Act of 1982 and the identity of Aboriginal, Inuit and Métis peoples are defined. Academic literature, television broadcasts, and personal accounts of the implementation and effects of Section 35 were used to conduct this research and investigate the origins of this section in the Constitution. Notably, this analysis demonstrated that the inclusion of Section 35 in the Constitution has led to more public discussion and court cases to claim treaty rights by Indigenous peoples. The effect of including Indigenous rights in the Canadian Constitution has expanded the role of the courts in adjudicating relations between the Canadian government and Indigenous people, effectively expanding the accountability of the Canadian government to upholding treaty rights. Overall, the findings of this paper were that Section 35 plays a large role in promoting awareness of reconciliation to the Canadian public, however, it stops short of including Indigenous people as meaningful participants in their own self-determination.

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Acuña, Roger Merino. "PRIOR CONSULTATION LAW AND THE CHALLENGES OF THE NEW LEGAL INDIGENISM IN PERU." Hendu – Revista Latino-Americana de Direitos Humanos 5, no. 1 (November 20, 2014): 19. http://dx.doi.org/10.18542/hendu.v5i1.1914.

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The following article exposes how was the formation process of legal indigenism in Peru. Shows several issues in indigenous consultation process and recognition of territorialities. Approaches the indigenous self-determination rights and the consequences of colonial and capitalism abouton this subject. Keywords: Legal Indigenism – Peru – Consultation – Self-determination.

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McCarty, Teresa L., Tamara Borgoiakova, Perry Gilmore, K. Tsianina Lomawaima, and Mary Eunice Romero. "Indigenous Epistemologies and Education—Self‐Determination, Anthropology, and Human Rights." Anthropology & Education Quarterly 36, no. 1 (March 2005): 1–7. http://dx.doi.org/10.1525/aeq.2005.36.1.001.

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Corntassel, Jeff. "Toward Sustainable Self-Determination: Rethinking the Contemporary Indigenous-Rights Discourse." Alternatives: Global, Local, Political 33, no. 1 (January 2008): 105–32. http://dx.doi.org/10.1177/030437540803300106.

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Hocking, Barbara Ann. "Placing Indigenous Rights to Self-Determination in an Ecological Context." Ratio Juris 15, no. 2 (June 2002): 159–85. http://dx.doi.org/10.1111/1467-9337.00203.

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Lindroth, Marjo. "Indigenous-state relations in the UN: establishing the indigenous forum." Polar Record 42, no. 3 (July 2006): 239–48. http://dx.doi.org/10.1017/s0032247406005493.

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The UN Permanent Forum on Indigenous Issues (PFII) was established on 31 July 2000 and held its first session at UN Headquarters in New York in May 2002. The result of decades of development, the forum signified an official opening of the UN to indigenous peoples' participation alongside that of states. This article analyses the discussions on the establishment of the PFII and the role of indigenous peoples as political actors in those discussions. A focus of particular interest is the contradiction between state sovereignty and indigenous self-determination. In examining the establishment process, the analysis draws on scholarship dealing with norms, institutions, organisation and legitimacy. The themes and frames used by indigenous peoples that are significant in state-indigenous relations and that have had an effect on the forum are indigenousness, self-determination, rights and recognition. These show how the relationship between state sovereignty and indigenous self-determination underlay the establishment discussions and their outcome. The materials for the article comprise the transcripts of the establishment negotiations, interventions of state and indigenous representatives, as well as literature on the political participation of indigenous peoples, international law and the UN system and indigenous peoples. The discussions are analysed textually. The article claims that, although the UN is a state-dominated organisation, indigenous peoples are nevertheless able to affect international cooperation. This is an INDIPO project paper (Tennberg 2006).

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Harhoff, Frederik. "The Status of Indigenous Peoples under International Law: Greenland and the Right to Self-Determination." Canadian Yearbook of international Law/Annuaire canadien de droit international 32 (1995): 243–57. http://dx.doi.org/10.1017/s0069005800005798.

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SommaireL'autodétermination des peuples autochtones suscite la controverse en droit international contemporain depuis que le processus de décolonisation s'est achevé, à la fin des années 1960. Parce qu’ils craignaient avant tout des désordres nationaux, de nombreux pays ont refusé de reconnaître que les peuples autochtones ont le droit de se séparer du territoire national et d'obtenir leur indépendance. Cependant, même la reconnaissance d'un droit moins vaste, soit un droit de recevoir un statut spécial et d'obtenir l'autonomie politique dans le cadre des frontières étatiques existantes, demeure une question litigieuse, car aucune définition claire des bénéficiaires et de la substance de ces droits ne peut être établie. De toute façon, la disparité des conditions politiques, économiques, sociales et climatiques dans lesquelles vivent les peuples autochtones du monde entier rend futile la création d'un seul et unique concept d'autodétermination qui s'appliquerait au monde entier. Pour sortir de cette impasse, on propose d'adopter une approche procédurale, au lieu d'essayer de fixer ces questions dans des termes juridiques stricts.Le fait de qualifier le concept d'autodétermination de processus, au lieu de le décrire comme étant une série de règles exactes et préétablies, a pour avantage d'apporter un élément de flexibilité, car il permet aux deux parties, c'est-à-dire les États et les peuples autochtones, de trouver des appuis pour défendre leurs intérêts et d'imaginer une solution viable qui tienne compte des circonstances particulières de chaque cas. Mais toutes les parties concernées devraient tout d'abord accepter trois conditions préalables:(1) Le droit de sécession immédiate et d'indépendance complète, en tant qu'aspect du droit à l'autodétermination, devrait être réservé aux peuples autochtones des territoires d'outre-mer.(2) Les États ont le devoir de favoriser l'autonomie de leurs peuples autochtones et le fardeau de prouver qu 'ih offrent la plus grande autonomie possible aux peuples autochtones vivant sur leurs territoires.(3) Une fois que des ententes relatives à l'autonomie ont été conclues, les États ne peuvent pas les révoquer, les abréger ou les modifier unilatéralement.L'auteur de cette note examine ensuite le régime d'autonomie du Groenland et conclut que ce régime semble satisfaire aux critères énoncés, bien que la question du statut actuel du Groenland (et des îles Faroe) au sein du royaume danois demeure incertaine sur le plan constitutionnel. Le régime d'autonomie implique un transfert irrévocable des pouvoirs législatifs et administratifs des autorités danoùes aux autorités du Groenland, ce qui a pour effet de créer un régime juridique indépendant au Groenland. Par ailleurs, il est entendu que le régime d'autonomie du Groenland permet d'établir un système judiciaire indépendant, si les tribunaux danois du Groenland ne reconnaissent pas la validité de la Loi d'autonomie du Groenland.

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Rösch, Ricarda. "A New Era of Customary Property Rights? – Liberia’s Land and Forest Legislation in Light of the Indigenous Right to Self-Determination." Verfassung in Recht und Übersee 52, no. 4 (2019): 439–62. http://dx.doi.org/10.5771/0506-7286-2019-4-439.

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After the end of Liberia’s civil war in 2003, the country embarked upon the reform of its forest and land legislation. This culminated in the adoption of the 2009 Community Rights Law with Respect to Forest Lands and the 2018 Land Rights Act, which NGOs and donors have described as being amongst the most progressive laws in sub-Saharan Africa with regard to the recognition of customary land tenure. Given these actors commitment to human rights, this article takes the indigenous right to self-determination as a starting point for analysing customary property rights and their implementation in Liberia. This includes the examination of the Liberian concept of the 1) recognition and nature of customary land rights, 2) customary ownership of natural resources, 3) jurisdiction over customary land, 4) the prohibition of forcible removal, and 5) the right to free, prior and informed consent.

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Oksanen, Aslak-Antti. "The Rise of Indigenous (Pluri-)Nationalism: The Case of the Sámi People." Sociology 54, no. 6 (December 2020): 1141–58. http://dx.doi.org/10.1177/0038038520943105.

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Indigenous peoples have found the nationalist language of peoples’ inherent right to self-determination helpful in articulating their political demands. Gerald Taiaiake Alfred’s model of indigenous nationalism explains the emergence of this form of indigenous self-assertion as a reaction to settler-colonial incursions. However, it cannot account for the timing of its recent successes in unsettling the status quo of indigenous–settler-state relations. This article addresses this limitation by incorporating Michael Keating’s concept of post-sovereignty, which highlights the supranational plane constraining states’ freedom of action, while providing indigenous peoples with laws and norms above state level to appeal to. Additionally, Keating’s concept of plurinationalism is drawn upon to capture the emerging reconfiguration of indigenous–settler-state relations. This combined conceptual framework is used to illuminate the Sámi people’s relations to the Nordic states as expressive of emergent indigenous nationalism, formed in reaction to settler-colonialism and enabled by international norms, laws and global indigenous peoples’ networks.

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Charters, Claire. "A Self-Determination Approach to Justifying Indigenous Peoples' Participation in International Law and Policy Making." International Journal on Minority and Group Rights 17, no. 2 (2010): 215–40. http://dx.doi.org/10.1163/157181110x495872.

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AbstractThis paper defends the legitimacy-positive impact of a “contextual-participation approach” to indigenous peoples' participation in international law-making. It argues that indigenous peoples' participation should be substantial where the issue being negotiated at the international level is of considerable interest to indigenous peoples and indigenous peoples have not consented to state representation. The “contextual-participation approach” to indigenous peoples' participation realises the justice in indigenous peoples' claims to remedial efforts to recognise their, mostly lost and historical, sovereignty, and to contemporary and evolving legal, and largely democratic, understandings of self-determination, as expressed, for example, in the UN Declaration on the Rights of Indigenous Peoples. At the same time, it balances indigenous peoples' self-determination entitlements to full participation in international law making, as unjustifiably excluded sovereigns, with contemporary political realities.

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Hindeya, Tilahun Weldie. "The Right to Self-Determination under the Ethiopian Constitution: A Legal Tool for Indigenous Peoples’ Protection against Land Alienation?" Journal of African Law 63, no. 3 (September 18, 2019): 359–83. http://dx.doi.org/10.1017/s0021855319000238.

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AbstractSince 2008 the Ethiopian government has allocated vast tracts of land, particularly in the Gambella and Benishangul-Gumuz regions, to agricultural commercial actors with little or no participation from indigenous communities. The marginalization of indigenous peoples in this process primarily emerges from the government's very wide legislative discretionary power regarding decision-making in the exploitation of land. The government has invoked constitutional clauses relating to land ownership and its power to deploy land resources for the “common benefit” of the people, to assert the consistency of this discretionary power with the Ethiopian Constitution. This article posits that the legislative and practical measures taken by the government that marginalize these indigenous peoples in decisions affecting the utilization of land resources are incompatible with their constitutional right to self-determination. Further, it posits that the government's use of the constitution to justify its wide discretionary power in the decision-making process relating to land exploitation is based on a misreading of the constitution.

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Alfredsson, Gudmundur. "Human Rights and the Arctic." Yearbook of Polar Law Online 1, no. 1 (2009): 233–43. http://dx.doi.org/10.1163/22116427-91000013.

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Abstract This article surveys some of the many international human rights law issues that come up in connection with the Arctic, such as the rights of indigenous peoples and the formulation of these rights in a draft Nordic Sami Convention. The focus, however, is on recent developments concerning the status of Greenland as a result of an agreement concluded in 2008 between the Danish and Greenlandic authorities. This agreement foresees not only a significant increase in self-government but also opens the door for the Greenlandic people to create an independent State through the exercise of the right to external self-determination as a matter of political decolonisation of an overseas colonial territory.

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Journal articles on the topic 'Indigenous right to self-determination'

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