Journal articles on the topic 'Indigenous rights'
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Tramontana, Enzamaria. "Indigenous Rights." International Journal on Minority and Group Rights 17, no. 3 (2010): 501–6. http://dx.doi.org/10.1163/157181110x512197.
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Kymlicka, Will, and S. James Anaya. "Theorizing Indigenous Rights." University of Toronto Law Journal 49, no. 2 (1999): 281. http://dx.doi.org/10.2307/826021.
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Oskal, Nils. "Indigenous Peoples' Rights." Anthropology News 45, no. 9 (December 2004): 8. http://dx.doi.org/10.1111/an.2004.45.9.8.1.
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Canofre, Fernanda. "Criminalizing Indigenous Rights." World Policy Journal 34, no. 3 (2017): 64–68. http://dx.doi.org/10.1215/07402775-4280016.
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Crook, Tony. "Indigenous Human Rights." Anthropology Today 14, no. 1 (February 1998): 18. http://dx.doi.org/10.2307/2783095.
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McMillan, Mark, Faye McMillan, and Sophie Rigney. "How Indigenous Nation-Building Can Strengthen Indigenous Holistic Health Outcomes." Journal of Northern Studies 10, no. 2 (May 29, 2017): 147–59. http://dx.doi.org/10.36368/jns.v10i2.851.
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The United Nations Declaration on the Rights of Indigenous Peoples (UNDRIP) has declared that Indigenous peoples and populations inherently possess a right to health. Such a right does not merely exist with reference to physical health. The General Assembly of the United Nations when adopting the UNDRIP requires the meaning of “health” to be expansive and also be characterised as a collective right. This article will provide a particular framework for understanding the right to health for Indigenous peoples as a collective right, which exists in a symbiotic relationship with the rights to greater self-determination and governance.
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Raj, Vikalp, and Shamsher Alam. "(Re)affirming sovereignty, self-determination, and democratic rights: An analysis of evolving jurisprudence concerning indigenous peoples under international law." Multidisciplinary Reviews 6, no. 4 (October 23, 2023): 2023045. http://dx.doi.org/10.31893/multirev.2023045.
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This research article delves into the formidable obstacles and struggles that indigenous people encounter as they strive for their rights within the framework of international law. Its broad objective is to obtain a comprehensive understanding of the rights indigenous communities demand in contrast to the rights available to them at the international level. The paper focuses on three fundamental rights actively sought by indigenous peoples: indigenous sovereignty, right to self-determination, and democratic rights. To commence, the paper undertakes a thorough examination of the concept of sovereignty and its pertinence to indigenous communities. It analyzes the nature and extent of indigenous sovereignty, considering how the ongoing debate on sovereignty influences the calls for indigenous self-governance. Additionally, it critically evaluates the associated rights that are intrinsically linked to indigenous sovereignty. Following this, the paper explores the notion of self-determination and investigates the interpretations and aspirations of indigenous peoples with regard to this right. It also scrutinizes the right to self-determination within the specific context of indigenous communities. Subsequently, the paper delves into the democratic rights of indigenous peoples as prescribed under international law. It emphasizes the challenges and prospects involved in ensuring democratic participation and representation for indigenous communities. By comprehensively exploring these crucial facets, the authors aim to provide valuable insights into the challenges faced by indigenous peoples in asserting their sovereignty, self-determination, and democratic rights. Moreover, the research also endeavours to contribute to the existing discourse on indigenous rights, shedding light on the evolving nature of international law and its feasibility to address the concerns and aspirations of indigenous communities.
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Nemechkin, Vasily N. "Formation and development of international standards in the field of linguistic rights of indigenous peoples: historical and legal aspects." Finno-Ugric World 12, no. 2 (August 7, 2020): 194–202. http://dx.doi.org/10.15507/2076-2577.012.2020.02.194-202.
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Introduction. The main objective of this article is to study the historical and legal aspects of the formation and development of international standards in the field of linguistic rights of indigenous peoples. This topic is particularly relevant in connection with the proclamation of the period 2022–2032 International Decade of Indigenous Languages by UN General Assembly. Materials and Methods. The research methodology is based on a systematic approach that incorporates the historical, formal-legal, system-structural methods of scientific knowledge. The material was provided by the main international legal documents in the field of the linguistic rights of indigenous peoples, research by Russian and international authors on the legal status of indigenous peoples, and the protection of their linguistic rights in particular. Results and Discussion. Based on the analysis of international legal acts, the following can be distinguished among the linguistic rights of indigenous peoples: the right to preserve and use native languages in private and publicly; the right to education in the mother tongue; the right to create and have access to the media in their native languages; the right to recognize indigenous languages in constitutions and national laws; the right to a life free of linguistic discrimination and other rights. The article also discusses the main UN mechanisms and tools in the field of ensuring and protecting the rights of indigenous peoples. The protection of the linguistic rights of indigenous peoples is currently carried out by numerous specialized agencies such as UNESCO, United Nations Permanent Forum on Indigenous Issues, UN Expert Mechanism on the Rights of Indigenous Peoples, the Special Rapporteur on the rights of indigenous peoples and etc. An important mechanism for promoting the theme of languages of indigenous peoples, the unification of partners and resources for joint action around the world was the proclamation by the UN General Assembly of the International Year of Indigenous Languages (2019) and the International Decade of Indigenous Languages (2022–2032). Conclusion. At the level of the international community, it formed a serious understanding of the need to preserve and develop languages, the realization of the linguistic rights of indigenous peoples, which will be facilitated by the International Decade of Indigenous Languages.
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Seow, Florence. "Indigenous Communities and Indigenous Children." International Journal of Children’s Rights 23, no. 4 (December 21, 2015): 844–66. http://dx.doi.org/10.1163/15718182-02304009.
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A move away from the traditional child-parent-state model of children’s rights in favour of a four-party model which includes indigenous communities can be identified in international legal discourse. The basis for this phenomenon can be found in arguments for the preservation of indigenous culture. However, whether this argument is adequate for such a fundamental change in the conceptualisation of children’s rights is questionable. This article discusses various legal conceptualisations of children’s rights in academic literature and compares these with sociological theories of children’s development. It identifies an emerging four-party model of children’s rights in international legal discourse, and points to practical problems of implementation and weak philosophical justifications. The article concludes that a four-party model based on sociological theories of children’s development would assist in overcoming these weaknesses, and allow the incorporation of other social groupings into conceptualisations of children’s rights.
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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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Schimmel, Noam. "Indigenous Education and Human Rights." International Journal on Minority and Group Rights 14, no. 4 (2007): 425–53. http://dx.doi.org/10.1163/138548707x247419.
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AbstractThe right to an education that is consonant with and draws upon the culture and language of indigenous peoples is a human right which is too often overlooked by governments when they develop and implement programmes whose purported goals are to improve the social, economic and political status of these peoples. Educational programmes for indigenous peoples must fully respect and integrate human rights protections, particularly rights to cultural continuity and integrity. Racist attitudes dominate many government development programmes aimed at indigenous peoples. Educational programmes for indigenous peoples are often designed to forcibly assimilate them and destroy the uniqueness of their language, values, culture and relationship with their native lands. Until indigenous peoples are empowered to develop educational programmes for their own communities that reflect and promote their values and culture, their human rights are likely to remain threatened by governments that use education as a political mechanism for coercing indigenous peoples to adapt to a majority culture that does not recognize their rights, and that seeks to destroy their ability to sustain and pass on to future generations their language and culture.
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Chuffart, Romain. "Speaking of Rights: Indigenous Linguistic Rights in the Arctic." Yearbook of Polar Law Online 9, no. 1 (December 8, 2018): 1–23. http://dx.doi.org/10.1163/22116427_009010002.
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This paper discusses and compares the evolution of language policies, laws and rights for indigenous peoples and minorities living in six of the eight Arctic states. It focuses on language rights of indigenous peoples living in the Fennoscandian Arctic (Sami people of Norway, Sweden, and Finland), in the American Arctic (Alaska) and in the Canadian Arctic (Nunavut, Northwest Territories, and Yukon). This paper also focuses on linguistic rights in Greenland. The aim of this study is to add to the discussion about how the use of indigenous languages in the public sphere (education, the judicial system, and interactions with the government) helps indigenous-language speakers who live in the Arctic to preserve their ways of life and their cultural identities. This paper posits that asymmetrical management is key to fulfilling indigenous linguistic rights. Devolution of language planning and policy implementation to the relevant local authorities often makes sense from a state viewpoint and, although it is not enough, it can be beneficial to indigenous speakers.
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Abdul Halim, Hashimah, and Rohaida Nordin. "Self-Determination of Indigenous Peoples in Greenland: A Comparison with The Orang Asli in Peninsular Malaysia." Jurnal Undang-undang dan Masyarakat 29 (December 1, 2021): 39–48. http://dx.doi.org/10.17576/juum-2021-29-04.
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For many years, the indigenous peoples had been experiencing various acts of marginalisation and discrimination. However, to this day, the definitions and rights of the indigenous peoples in certain jurisdictions are still left ambiguous. These rights includes the right to self-determination which, on the surface, is linked to freedom to choose political status and cultural or economical development and can be considered as one of the vital rights for indigenous peoples as it allows the community to decide on various aspects of their lives. Looking beyond that, this concept can be further classified into external and internal self-determination and each country may adopt a different approach to this right. As Greenland has a relatively higher population of indigenous peoples, the laws and regulations on indigenous peoples can be distinct. Therefore, this study examines the availability of self-determination policies and possible issues on it’s implementation in Greenland in comparison to the rights of the Orang Asli in Peninsular Malaysia. By using critical legal analysis, this study provides an insight to the exercise of self-determination rights of the indigenous peoples in other jurisdiction and the relevancy of the same right in Malaysia which can help to identify certain aspects to be improved on in the existing national indigenous peoples’ rights laws.
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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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Gil, Yásnaya Elena Aguilar. "Indigenous Rights, AMLO’s Wrongs." NACLA Report on the Americas 53, no. 2 (April 3, 2021): 118–20. http://dx.doi.org/10.1080/10714839.2021.1923196.
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Newman, Dwight G. "Theorizing Collective Indigenous Rights." American Indian Law Review 31, no. 2 (2006): 273. http://dx.doi.org/10.2307/20070788.
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Christensen, Jon. "Patents and Indigenous Rights." Science 257, no. 5076 (September 11, 1992): 1462. http://dx.doi.org/10.1126/science.257.5076.1462-b.
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Christensen, Jon. "Patents and Indigenous Rights." Science 257, no. 5076 (September 11, 1992): 1462. http://dx.doi.org/10.1126/science.257.5076.1462.b.
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Gregg, Benjamin. "The Indigenous Rights State." Ratio Juris 33, no. 1 (March 2020): 98–116. http://dx.doi.org/10.1111/raju.12270.
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Christensen, J. "Patents and Indigenous Rights." Science 257, no. 5076 (September 11, 1992): 1462. http://dx.doi.org/10.1126/science.257.5076.1462-a.
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Alfredsson, Gudmundur. "Indigenous Rights in 1988." Nordic Journal of International Law 57, no. 3 (1988): 353–57. http://dx.doi.org/10.1163/157181088x00353.
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He, Baogang. "The Contested Politics of Asian Responses to Indigenous Rights." International Journal on Minority and Group Rights 18, no. 4 (2011): 461–78. http://dx.doi.org/10.1163/157181111x598372.
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AbstractA growing literature has examined various issues concerning indigenous rights in Asia. Yet the most urgent question is why, how and under what conditions the state recognises it. Why do some countries accept the international call for indigenous right but others reject it? Without the state's recognition, the cause of indigenous peoples and their rights looks dim. This paper examines the politics of the varied Asian responses to the international call for indigenous rights. It discusses reasons and conditions under which states or other actors endorse or deny indigenous people and their rights. The conclusion of the paper raises the issue of human agency in the politics of recognition.
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Voyevodin, I. "International legal mechanism for the protection of the environmental rights of indigenous peoples." Analytical and Comparative Jurisprudence, no. 4 (September 14, 2023): 559–68. http://dx.doi.org/10.24144/2788-6018.2023.04.89.
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The article explores the peculiarities of the international legal mechanism for the protection of the environmental rights of indigenous peoples at the international level. Attention is focused on the special vulnerability of indigenous peoples and communities to environmental degradation and climate change due to their close connection with the environment, land and natural resources. A number of universal international legal acts that directly relate to the protection of the environmental rights of indigenous peoples are analyzed, such as the ILO Convention No. 107 on Indigenous and Tribal Populations of 1957, the ILO Convention No. 169 on Indigenous and Tribal Peoples of 1989, the UN Declaration on the Rights of Indigenous Peoples of 2007, etc. The activities of such bodies and special procedures of the UN as the Human Rights Committee, the International Law Commission, the Permanent Forum on Indigenous Issues, the Special Rapporteur on Human Rights and the Environment, the Special Rapporteur on the Rights of Indigenous Peoples regarding the promotion and protection of the rights of indigenous peoples in the environmental sphere are highlighted.Attention is paid to regional systems of protection of environmental rights of indigenous peoples. The provisions of a number of relevant regional international legal acts were analyzed: the American Convention on Human Rights of 1969, the Resolution of the Organization of American States “On Special Protection for Indigenous Populations. Action to Combat Racism and Racial Discrimination” of 1972, the American Declaration on the Rights of Indigenous Peoples of 2016, the Inter-American Commission on Human Rights Resolution No. 3/21 “Climate Emergency: Scope of Inter-American human rights obligations” of 2021, the African Charter on Human and Peoples’ Rights of 1981, the Resolution “On the Rights of Indigenous Peoples’ Communities in Africa” of 2000, the Resolution of the Parliamentary Assembly of the Council of Europe 2400 “Combating inequalities in the right to a safe, healthy and clean environment” of 2021, etc. The features of the institutional mechanism are characterized and the relevant precedent practice of the African and Inter-American human rights protection systems regarding the safeguarding of violated environmental rights of indigenous peoples is highlighted. In accordance with the problems specified, appropriate conclusions and recommendations were made.
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Ma'ruf, Ali, Moh Ainul Yakin, Ervita Septyanto Putri, Erlisa Akhlakul Karimah, and Oemar Moechthar. "Tracing the Continued Existence of Ulayat Land: Granting Management Rights in the Context of Protecting the Rights of Indigenous Peoples." Notaire 7, no. 1 (March 8, 2024): 23–46. http://dx.doi.org/10.20473/ntr.v7i1.54223.
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AbstractThe issue of granting management rights over ulayat land to third parties is still being debated. Management rights originating from communal land are contrary to the concept of the management right itself. Management rights, which are part of the authority of State control rights, are contradicted by management rights that can originate from ulayat land because indigenous peoples have ulayat rights on the ulayat land. For ulayat land that still has the status of ulayat rights of indigenous peoples, if given management rights, the ulayat rights must be released by the indigenous peoples. Thus, the communal land becomes free state land. The granting of management rights on ulayat land is becoming increasingly relevant and complex. Several changes related regulations have raised significant questions regarding the existence of ulayat land and its impact on the sustainability of the lives of indigenous peoples. To accelerate the economy, the government needs to pay attention to the ulayat rights of indigenous peoples over their ulayat land and ensure that these rights are protected and respected. The government also needs to ensure that effective national law enforcement mechanisms are in place to resolve ulayat land disputes. As a result of the granting of HPL on ulayat land, legal uncertainty arises. The existence of ulayat land for indigenous peoples is very important in maintaining the identity, culture, and sustainability of indigenous peoples. Ulayat rights protect the rights of ownership and management of communal land by indigenous peoples so that they can continue cultural practices, traditions, and customs that have existed since the time of their ancestors.Keywords: Management Rights; Ulayat Land; Indigenous People.
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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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Sulbadana, Sulbadana, Irwansyah Irwansyah, and Hatta Roma Tampubolon. "The International Law Perspective of Welfare against Indigenous People in the Omnibus Law on Job Creation." SASI 28, no. 4 (December 30, 2022): 647. http://dx.doi.org/10.47268/sasi.v28i4.1160.
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Introduction: Indigenous peoples attach customary rights to themselves, namely rights owned by a legal alliance (such as Lipu, Boya, Ngata, Banua, etc.), where the citizens of the community (the legal alliance) have the right to control the land, the implementation of which is regulated by the head of the guild (the chief/village head concerned). Based on this right, the customary rights of indigenous peoples are basic rights inherent in the life of these people that are not a gift from the state. It is the same with the basic rights inherent in every human being, for example the right to life, which is not a gift of the state.Purposes of the Research: Review and analyze international law relating to the welfare of Indigenous Peoples in the Omnibus Law on Job Creation.Methods of the Research: Its legal position in the Job Creation Law which has the character of omnibus law through juridical studies with a philosophical approach, conceptual approach, and a statutory approach.Results of the Research: The right of indigenous peoples which is essentially the right to the value of justice and welfare value to the use of natural resources of indigenous peoples who not yet the maximum expected in the job creation law can provide justice and welfare for indigenous peoples over exploited customary territories.
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Apricia, Nadira. "HAK NEGARA DAN MASYARAKAT HUKUM ADAT ATAS HUTAN ADAT." SIBATIK JOURNAL: Jurnal Ilmiah Bidang Sosial, Ekonomi, Budaya, Teknologi, dan Pendidikan 1, no. 7 (June 7, 2022): 1255–62. http://dx.doi.org/10.54443/sibatik.v1i7.128.
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Indonesia is known to be a country that has a large forest. However, over time, forests in Indonesia have been damaged, reducing the area of forest owned by Indonesia. Many things are the cause of forest destruction in Indonesia, one of which is due to the lack of involvement of local Indigenous Peoples to participate in managing forests. As a society whose life is closest to nature including forests, indigenous peoples should be the most suitable people and have the right to manage and utilize forests. The Government of Indonesia recognizes and respects customary law so that in its development, the Government guarantees the rights and obligations of Indigenous Peoples by issuing regulations and laws on Indigenous Peoples of Law and Customary rights. However, in the regulations and laws that have been established there are thoughts that assume the Government only recognizes Indigenous Peoples and does not recognize the rights of Indigenous Peoples. To ensure the recognition of the rights of Indigenous Peoples of Law, the Government must provide clear legal certainty regarding the right of ulayat to customary forests.
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Sebar, Hind, and Rohaidah Nordin. "Rights of the Indigenous Peoples to Self-Government: A Comparative Analysis between New Zealand and Canada." Jurnal Dinamika Hukum 21, no. 1 (December 1, 2021): 57. http://dx.doi.org/10.20884/1.jdh.2021.21.1.2878.
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Canada and New Zealand are the western liberal democracies settled by a predominantly English-speaking majority. Their legal and constitutional system depends on English common law. Both Canada and New Zealand have a high percentage of indigenous peoples irrespective of the 4% difference in Canada and 15% in New Zealand. Both states rank high in global comparisons of human development. There exist many differences in the rights of self-government of indigenous peoples in both Canada and New Zealand. These distinctions in the application of the self- government right in local and regional level greatly impacts how indigenous peoples put self- government into practice and brings forth significant questions about which version of these applications best serves the interests of indigenous peoples. This is a comparative study that expounds the differences between constitutions of both countries together with the distinctions in the rights of self-government of indigenous peoples. By using the legal combative method to compare constitutions of Canada and New Zealand and their policies regarding rights of self-government of indigenous peoples, this study concludes that with respect to clear constitutional and legislative recognition of the right of self -government Canada is more advanced. Additionally, this study points out significant institutional work differences between indigenous peoples’ self-government rights in both countries. Keywords- Canada; Indigenous peoples; indigenous rights; Native; New Zealand; Self-government.
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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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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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Marinkás, György. "Az egészséges környezethez való jog, mint alapvető emberi jog – Lehetséges megközelítések az egyes emberi jogvédelmi mechanizmusok gyakorlata alapján, különös tekintettel az őslakos népeket érintő kérdésekre." Journal of Agricultural and Environmental Law = Agrár- és Környezetjog 15, no. 29 (November 24, 2020): 133–70. http://dx.doi.org/10.21029/jael.2020.29.133.
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The aim of the author is to examine the nexus between the development of the indigenous peoples’ rights – which came like a blast – and the prevalence of the right to a healthy environment. As another goal, the author aims to reveal how the protection of indigenous peoples’ rights can facilitate the realisation of environmental protection and sustainable development goals. In order to achieve his goals, the author – after clarifying the definitions in the first chapter – introduces the indigenous peoples and healthy environment related practice of the three regional human rights protection mechanisms – namely the European, the Inter-American and the African – in the second chapter. In the third chapter, the author briefly introduces those rights of the indigenous peoples, which could serve the protection of indigenous peoples’ rights and the positive and negative examples. The author draws his conclusions in the last chapter.
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Preethi A Nayak, and Santhosh Kumar A. "Rights And Interest of Indigenous People: In Post Independent India From The Perspective Of Human Rights." Legal Research Development: An International Refereed e-Journal 1, no. III (March 30, 2017): 132–40. http://dx.doi.org/10.53724/lrd/v1n3.12.
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People who inhabited a land before it was conquered by colonial societies and who consider themselves distinct from the societies currently governing those territories are called Indigenous peoples. Large areas of the earth’s surface are inhabited by substantial number of Indigenous Peoples. According to rough estimates, globally they account for about one sixth of the population; there are some 370 million indigenous people around the world, the rights of who are often ignored, yet, due to their geographical spread across continents and countries, Indigenous Peoples. They live in nearly all the countries on all the continents of the world and form a spectrum of humanity, ranging from traditional hunter gatherers and subsistence farmers to legal scholars. Despite the extensive diversity in indigenous communities throughout the world, all indigenous peoples have one thing in common- they all share a history of injustice. The nations of the world refuse to recognize that indigenous peoples have human rights. They have been denied the right to participate in governing process of the current state systems. Conquest and Colonization have attempted to steal their dignity and identity as indigenous peoples, as well as the fundamental right of selfdetermination.
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Gryaznova, Anastasia A. "The Concept and Content of Protection of Rights of Indigenous Small Ethnic Communities of the North." Civil society in Russia and abroad 1 (March 11, 2021): 27–31. http://dx.doi.org/10.18572/2221-3287-2021-1-27-31.
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The article deals with the concept and characteristics of indigenous small-numbered peoples of the North, its relations with similar legal categories in meaning and content («small-numbered ethnic communities», «small-numbered peoples», «indigenous nation», «national minorities»). The article reveals the content of the right to a traditional way of life, the necessity of additional protection of rights of small indigenous peoples of the North, determined the system of subjects of protection of the rights of indigenous peoples of the North and the role of advocacy in it, and also formulated the concept of protection of the rights of indigenous peoples of the North.
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Petri, Dennis. "Challenges to individual religious freedom in the Indigenous communities of Latin America." International Journal for Religious Freedom 16, no. 2 (December 14, 2023): 117–39. http://dx.doi.org/10.59484/dmvp2918.
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Whilst Indigenous autonomy is generally regarded as something positive, the existence of human rights abuses inside Indigenous communities has received relatively little attention in legal scholarship. Human rights abuses include severe violations of religious freedom, particularly of converts away from the traditional religion. Based on original empirical field research conducted in the Nasa Indigenous territories in the southwestern highlands of Colombia (2010–2017), I discuss the challenge of balancing the right to self-determination of Indigenous Peoples and the individual human rights of people living in Indigenous territories, particularly religious minorities. I show this has implications for the analysis of “minority in the minority” situations beyond the context of Latin America.
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Grant, Lauren E. "Legal Violence and the Gendered Necropolitics of Coloniality: Feminicide, Socioeconomic Marginalization, and Housing Rights Violations against Indigenous Women in Guatemala and Canada." Genocide Studies International 15, no. 2 (November 1, 2023): 121–44. http://dx.doi.org/10.3138/gsi-2021-0022.
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This paper argues that feminicidal and sexual gender-based violence faced by Indigenous women in Guatemala and Canada is a cause and consequence of these states’ failure to effectively guarantee Indigenous women's intersecting socio-economic rights, namely their right to adequate housing. Exposing the historically-rooted, economic and political interests and investments of the two countries, this paper argues that Indigenous women's rights have been co-opted by legal violence in both contexts. Revealing the complicity of settler democratic states and the international human rights regime in sustaining these rights violations, this paper evidences Indigenous women's socio-economic marginalization, inadequate housing, and consequential feminicidal violence as the product of the gendered necropolitics of coloniality. Interrogating why and how these colonial genocidal structures sustain the subjugation of Indigenous women's bodies, this paper exposes how colonial genocidal structures have rendered Indigenous women illegible for protection under international human rights law. Highlighting a range of performative 1 attempts undertaken by the Guatemala and Canada to address the grave rights violations facing Indigenous women, this paper provides a feminist, decolonial framework that evidences why and how Indigenous women's experiences of socioeconomic marginalization, inadequate and unsafe housing, and the alarming rates of feminicidal and sexual gender-based violence continue to persist unabated.
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Amir, Latifah, Rustian Mushawirya, and Windarto Windarto. "Perlindungan Hukum Hak Memunggut Hasil Hutan Bagi Suku Anak dalam di Propinsi Jambi." Wajah Hukum 8, no. 1 (April 30, 2024): 352. http://dx.doi.org/10.33087/wjh.v8i1.1432.
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The right to collect forest products (forestry right) is one of the rights to land originating from customary land law which is then recognized as part of land rights that are permanent in the Agrarian Act Number 5 of 1960. The concept of the right to collect forest products is now interpreted as a right what big entrepreneurs can have in managing forests is of economic values, and not as a basis for the rights of indigenous/local peoples who have a living culture by relying on the existence of forest products. This different interpretation ultimately gave birth to policies and legal actions that deprived indigenous/local peoples of their rights to the forest as stated and recognized by the 1945 Constitution as part of protected customary rights. One of the indigenous/local people who use forest products as their source of life is the Suku Anak Dalam (Orang Rimba) community in the Sarolangun Regency area. The many functions of forest land conversion into industrial plantations, as well as the licensing of business use rights over customary forests make the living space and movement of these communities increasingly limited, even in the end giving birth to various land conflicts between indigenous peoples and forest entrepreneurs in the region. Therefore in the future a law is needed that regulates the right to collect forest products as permanent land rights and can provide justice to indigenous people through legal certainty, where the Suku Anak Dalam community is no longer seen as forest looters, or illegal occupation.
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Isaac, Abigail. "Understanding Conflicting Legal Traditions." Political Science Undergraduate Review 7, no. 2 (April 15, 2022): 25–31. http://dx.doi.org/10.29173/psur285.
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This paper examines the recent tensions in Wet’suwet’en territory as an extension of the ongoing conflict between Indigenous land defenders and state security actors over the construction of the Coastal GasLink pipeline in British Columbia. More specifically, it brings into view the ways in which Canadian law is weaponized against Indigenous communities in denying their inherent rights on unceded territory, and criminalizing resistance efforts. By using critical legal theory and principles of Indigenous legal tradition, it evaluates the history of Indigenous rights cases brought to Canada’s Supreme Court and differing regimes of consent. Further, this paper suggests alternative legal frameworks that could be used to legitimate Indigenous land reclamation rights in Canada to ensure land restitution. I argue that the settler-state imposition of energy infrastructure on unceded land is not only a violation of Indigenous sovereignty and inherent rights, but also, a testament to the incompatibility of state priorities and Indigenous communities’ right to land and life.
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Burger, Julian, and Paul Hunt. "Towards the International Protection of Indigenous Peoples' Rights." Netherlands Quarterly of Human Rights 12, no. 4 (December 1994): 405–23. http://dx.doi.org/10.1177/016934419401200404.
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This article traces the development of indigenous peoples' international activity and considers why the international indigenous movement has grown since the 1970s. The authors examine the draft declaration on the rights of indigenous peoples which is due to be considered by the United Nations Commission on Human Rights for the first time in early 1995. The article makes some general points about the draft declaration before looking in some detail at three of its provisions: the right to protection from ethnocide and cultural genocide, the right to guarantees in relation to cultural and intellectual property, and the provision about treaties between indigenous peoples and States. The authors argue that although these provisions build on existing international law, they constitute an innovative evolution of international human rights standards.
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Tomaselli, Alexandra. "The Right to Political Participation of Indigenous Peoples: A Holistic Approach." International Journal on Minority and Group Rights 24, no. 4 (November 3, 2017): 390–427. http://dx.doi.org/10.1163/15718115-02404006.
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In the current era of land grabbing and extractivism, political participation of indigenous peoples in their national and local affairs appears to be the crucial right to guarantee the exercise of their other rights. In the last decades, un bodies have increasingly stressed the need to improve indigenous participation in their domestic political arenas. How indigenous political participation may be recognised, operationalised, and exercised as a right, and be effective, however, remains to be discussed. Against this background, this article elaborates a proposal for a holistic approach to the right to political participation of indigenous peoples and demonstrates how it is rooted in international law, international human rights law, and international indigenous law.
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Menkes, Jerzy, and Magdalena Suska. "THE ISSUE OF INDIGENOUS PEOPLES AT THE UNITED NATIONS: SELECTED PROBLEMS." Studia Iuridica, no. 96 (July 7, 2023): 232–52. http://dx.doi.org/10.31338/2544-3135.si.2023-96.12.
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The paper is a critical analysis of the index of norms and mechanisms protecting the collective rights of indigenous peoples established at the United Nations. The norms and mechanisms for the rights of indigenous peoples have been studied from two viewpoints: firstly, through the prism of how the norm of ‘the right to self-determination’ is created and implemented within the framework of international cooperation; and secondly, as collective rights, which are both a form of implementation of the individual human right and its complement. The United Nations Declaration on the Rights of Indigenous Peoples has been analysed with the use of the legal and dogmatic method. The conclusion provides an assessment complemented by de lege ferenda postulates.
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Baragwanath, Kathryn, and Ella Bayi. "Collective property rights reduce deforestation in the Brazilian Amazon." Proceedings of the National Academy of Sciences 117, no. 34 (August 11, 2020): 20495–502. http://dx.doi.org/10.1073/pnas.1917874117.
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In this paper, we draw on common-pool resource theory to argue that indigenous territories, when granted full property rights, will be effective at curbing deforestation. Using satellite data, we test the effect of property rights on deforestation between 1982 and 2016. In order to identify causal effects, we combine a regression discontinuity design with the orthogonal timing of homologation. We find that observations inside territories with full property rights show a significant decrease in deforestation, while the effect does not exist in territories without full property rights. While these are local average treatment effects, our results suggest that not only do indigenous territories serve a human-rights role, but they are a cost-effective way for governments to preserve their forested areas. First, obtaining full property rights is crucial to recognize indigenous peoples’ original right to land and protect their territories from illegal deforestation. Second, when implemented, indigenous property rights reduce deforestation inside indigenous territories in the Amazon rainforest, and could provide an important positive externality for Brazil and the rest of the world in terms of climate change mitigation.
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Pelupessy, Eddy. "The Land Rights of Indigenous Peoples: Revaluation of Papua Special Autonomy." Hasanuddin Law Review 3, no. 1 (March 30, 2017): 77. http://dx.doi.org/10.20956/halrev.v3i1.1047.
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The purpose of Special Autonomy for Papua is to resolve the source of the problem in Papua, especially concerning the rights of indigenous peoples. Normatively, the background of local autonomy for Papua is affirmed in Act No. 21 of 2001 on Papua Special Autonomy. The results shows that the recognition and protection of the land rights of indigenous peoples have been set clearly in the national legal system, such as Agrarian Law, Forest Law, as well as in Mineral and Coal Mining Law. However, recognition and protection of indigenous peoples’ rights to land in various legal products is still ambivalent. The essence of protection of indigenous peoples’ rights to land is also clearly regulated in Act No. 21 of 2001 and Perdasus No. 23 of 2008 has put customary law community on ownership of communal land is not the object of development, especially in the field of investment. The customary right and indigenous land which is the property and become an authority on indigenous peoples must be recognized by the government and regional and national communities about its presence. Therefore, the government should strive to protect the customary right through regulation of the Ministry of Agrarian and Land Agency and other laws related to the issue of customary rights, customary lands, indigenous peoples and their authority.
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Allen, Stephen. "Recent Books on Human Rights and Groups Review Essays International Law and the Evolution of Indigenous Rights." International Journal on Minority and Group Rights 15, no. 1 (2008): 117–31. http://dx.doi.org/10.1163/138548708x272546.
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AbstractThe recent adoption of the United Nations (UN) Declaration on the Rights of Indigenous Peoples has reinvigorated the discourse on indigenous rights. This essay reviews three books – Xanthaki's Indigenous Rights and United Nations Standards: Self-Determination, Culture and Land; Gilbert's Indigenous Peoples' Land Rights Under International Law: From Victims to Actors; and Rodriguez-Pinero's Indigenous Peoples, Postcolonialism and International Law: The ILO Regime (1919–1989) – that illustrate the way in which indigenous rights have evolved at the supranational level. Moreover, in their different ways, these important books highlight the conditions of possibility for indigenous peoples at a critical stage in the development of indigenous rights in international law.
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MacDonald, Fiona, and Ben Wood. "Potential through paradox: indigenous rights as human rights." Citizenship Studies 20, no. 6-7 (February 9, 2016): 710–27. http://dx.doi.org/10.1080/13621025.2016.1139056.
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Cespedes, Rodrigo. "Indigenous autonomy and justice for latin american Indigenous women." REVISTA CUHSO 30, no. 1 (July 23, 2020): 126–44. http://dx.doi.org/10.7770/cuhso-v30n1-art2116.
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My paper deals with indigenous peoples’ rights, focusing on Latin American case-law related to gender issues. Latin American Courts have faced cases related to sexual crimes or domestic violence among indigenous people and have to choose between giving pre-eminence to women’s rights or indigenous autonomy. On deciding those cases, the tools provided by the proportionality test are paramount in order to analyse the case-law. The indigenous rights regimes (ILO-169, UNDRIP) may prevail or not against other human rights systems (which specially protect women or children) according to the facts of the case, but also according to domestic legal cultures modelled by the country’s historical evolution.
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Cespedes, Rodrigo. "Indigenous autonomy and justice for latin american Indigenous women." REVISTA CUHSO 30, no. 1 (July 23, 2020): 126–44. http://dx.doi.org/10.7770/cuhso.v30i1.2116.
Full textAbstract:
My paper deals with indigenous peoples’ rights, focusing on Latin American case-law related to gender issues. Latin American Courts have faced cases related to sexual crimes or domestic violence among indigenous people and have to choose between giving pre-eminence to women’s rights or indigenous autonomy. On deciding those cases, the tools provided by the proportionality test are paramount in order to analyse the case-law. The indigenous rights regimes (ILO-169, UNDRIP) may prevail or not against other human rights systems (which specially protect women or children) according to the facts of the case, but also according to domestic legal cultures modelled by the country’s historical evolution.
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Kwan-Parsons, Inigo. "Investor-State Arbitration and Indigenous Rights." Asia-Pacific Journal on Human Rights and the Law 24, no. 1 (February 15, 2023): 75–126. http://dx.doi.org/10.1163/15718158-24010004.
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Abstract Investment treaties and investor-state dispute settlement (isds) have significantly affected indigenous rights, and led to legal developments regarding both the substantive rights in investments treaties (such as the inclusion of ‘carve out clauses’ intended to preserve the rights of indigenous peoples from foreign investors), and how tribunals deal with indigenous rights when adjudicating disputes. This article examines developments in this niche jurisprudence and discusses the implications thereof. It firstly considers the various rights of indigenous peoples seen to be at play in an international law context, and the various legal instruments in which some of those rights are reflected and derived from. Secondly, the article examines a selection of relevant investment treaties which have provisions affecting the rights of indigenous peoples that have been considered by tribunals. More recent investment treaties that have developed provisions which affect indigenous rights are also considered. Thirdly, this article examines how indigenous rights have been applied by tribunals in isds. Fourthly, it explores how indigenous rights may be further applied in isds and considers the practical application thereof. In doing so, it is argued that the development of isds jurisprudence in cases concerning indigenous rights, indicates an openness to considering, incorporating, and applying indigenous rights in isds.
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Syahyu, Yulianto. "The Problematic of Ulayat Rights for Indigenous Peoples in Terms of." Lambung Mangkurat Law Journal 7, no. 2 (September 2, 2022): 108–17. http://dx.doi.org/10.32801/lamlaj.v7i2.324.
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States have an obligation to acknowledge, in the sense of respecting, defending, and enforcing what is a citizen's right. One of these is the ulayat right of mastery and ownership, which has not yet been exercised to its full potential. This research method is normative research with a statute approach and is analyzed qualitatively. The arrangement regarding ulayat rights for indigenous peoples has been regulated in various provisions both nationally and internationally but in the framework of its implementation and implementation there are problems related to indigenous peoples' ulayat land that until now have not been resolved. Therefore, the foundation of a unused draft law that regulates the rights of indigenous peoples which will be expected through the new law not only provides legal certainty, but too to supply assurance to the status of arrive rights and there is no re-seizure of indigenous peoples' rights to their customary lands.
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Yulianto Syahyu. "The Problematic of Ulayat Rights for Indigenous Peoples in Terms of National Law." Lambung Mangkurat Law Journal 7, no. 2 (September 2, 2022): 108–17. http://dx.doi.org/10.32801/abc.v7i2.138.
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States have an obligation to acknowledge, in the sense of respecting, defending, and enforcing what is a citizen’s right. One of these is the ulayat right of mastery and ownership, which has not yet been exercised to its full potential. This research method is normative research with a statute approach and is analyzed qualitatively. The arrangement regarding ulayat rights for indigenous peoples has been regulated in various provisions both nationally and internationally but in the framework of its implementation and implementation there are problems related to indigenous peoples’ ulayat land that until now have not been resolved. Therefore, the foundation of a unused draft law that regulates the rights of indigenous peoples which will be expected through the new law not only provides legal certainty, but too to supply assurance to the status of arrive rights and there is no re-seizure of indigenous peoples’ rights to their customary lands
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Tahamata, Lucia, and Vonda Vidya Hattu. "Protection of Human Rights on The Rights of Indigenous Communities In Sesar Village Due To Coastal Reclamation." International Journal of Social Service and Research 1, no. 3 (November 14, 2021): 231–41. http://dx.doi.org/10.46799/ijssr.v1i3.39.
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The right to the environment is a basic right that must be fulfilled by the state because it is a human right, for the community without guarantees. Protection of the right to the environment is the state's obligation in this case the local or district government. This study aims to identify and discuss the protection of human rights for the rights of indigenous peoples due to coastal reclamation and the state's responsibility for the rights of indigenous peoples due to the absence of environmental permits in coastal reclamation activities. This type of juridical empirical research uses a literature review based on theories, doctrines, and legal norms related to the issues discussed. This research is analytical prescriptive by explaining the problems raised based on legal provisions, norms, and theories and then analyzed qualitatively. The results showed that the protection of human rights to indigenous peoples due to the absence of environmental permits would impact the rights of indigenous people,s in this case, the right to survival. Moreover, the land of customary territory has been transferred under companies that exploit natural resources and enrich themselves. This also worsens their right to survival. For that, the active role of the community is also needed when seeing something that is suspicious, which will impact people's rights. For this reason, it is also expected that the community and local governments must build cooperation so that the environment remains managed and utilized, following the principles of development sustainability