Indigenous rights

Last updated
Rights
HumanRightsLogo.svg
Theoretical distinctions
Human rights
Rights by beneficiary
Other groups of rights

Indigenous rights are those rights that exist in recognition of the specific condition of indigenous peoples. This includes not only the most basic human rights of physical survival and integrity, but also the rights over their land (including native title), language, religion, and other elements of cultural heritage that are a part of their existence and identity as a people. This can be used as an expression for advocacy of social organizations, or form a part of the national law in establishing the relation between a government and the right of self-determination among its indigenous people, or in international law as a protection against violation of indigenous rights by actions of governments or groups of private interests.

Contents

Definition and historical background

Indigenous rights belong to those who, being indigenous peoples, are defined by being the original people of a land that has been conquered and colonized by outsiders. [1] [2] [3] [4]

Exactly who is a part of the indigenous peoples is disputed, but can broadly be understood in relation to colonialism. When we speak of indigenous peoples we speak of those pre-colonial societies that face a specific threat from this phenomenon of occupation, and the relation that these societies have with the colonial powers. The exact definition of who are the indigenous people, and the consequent state of rightsholders, varies. Being too inclusive is considered as bad as being non-inclusive. [4] [5]

In the context of modern indigenous people of European colonial powers,[ clarification needed ] the recognition of indigenous rights can be traced to at least the period of Renaissance. Along with the justification of colonialism with a higher purpose for both the colonists and colonized, some voices expressed concern over the way indigenous peoples were treated and the effect it had on their societies. [6] In the Spanish Empire, the crown established the General Indian Court in Mexico and in Peru, with jurisdiction over cases involving the indigenous and aimed at protecting Indians from ill-treatment. Indians' access to the court was enabled by a small tax which paid for legal aides. [7] [8]

The issue of indigenous rights is also associated with other levels of human struggle. Due to the close relationship between indigenous peoples' cultural and economic situations and their environmental settings, indigenous rights issues are linked with concerns over environmental change and sustainable development. [9] [10] [11] According to scientists and organizations like the Rainforest Foundation, the struggle for indigenous peoples is essential for solving the problem of reducing carbon emission, and approaching the threat on both cultural and biological diversity in general. [12] [13] [14]

Representation

The rights, claims and even identity of indigenous peoples are apprehended, acknowledged and observed quite differently from government to government. Various organizations exist with charters to in one way or another promote (or at least acknowledge) indigenous aspirations, and indigenous societies have often banded together to form bodies which jointly seek to further their communal interests.

International organizations

There are several non-governmental civil society movements, networks, indigenous and non-indigenous organizations whose founding mission is to protect indigenous rights, including land rights. [15] These organizations, networks and groups underline that the problems that indigenous peoples are facing is the lack of recognition that they are entitled to live the way they choose, and lack of the right to their lands and territories. Their mission is to protect the rights of indigenous peoples without states imposing their ideas of "development". [16] These groups say that each indigenous culture is differentiated, rich of religious believe systems, way of life, sustenance and arts, and that the root of problem would be the interference with their way of living by state's disrespect to their rights, as well as the invasion of traditional lands by multinational corporations and small businesses for exploitation of natural resources. [17]

United Nations

Indigenous peoples and their interests are represented in the United Nations primarily through the mechanisms of the Working Group on Indigenous Populations. In April 2000 the United Nations Commission on Human Rights adopted a resolution to establish the United Nations Permanent Forum on Indigenous Issues (PFII) as an advisory body to the Economic and Social Council with a mandate to review indigenous issues.

In late December 2004, the United Nations General Assembly proclaimed 2005–2014 to be the Second International Decade of the World's Indigenous People. The main goal of the new decade will be to strengthen international cooperation around resolving the problems faced by indigenous peoples in areas such as culture, education, health, human rights, the environment, and social and economic development.

In September 2007, after a process of preparations, discussions and negotiations stretching back to 1982, the General Assembly adopted the Declaration on the Rights of Indigenous Peoples. The non-binding declaration outlines the individual and collective rights of indigenous peoples, as well as their rights to identity, culture, language, employment, health, education and other issues. Four nations with significant indigenous populations voted against the declaration: the United States, Canada, New Zealand and Australia. All four have since then changed their vote in favour. Eleven nations abstained: Azerbaijan, Bangladesh, Bhutan, Burundi, Colombia, Georgia, Kenya, Nigeria, Russia, Samoa and Ukraine. Thirty-four nations did not vote, while the remaining 143 nations voted for it.

ILO 169

ILO 169 is a convention of the International Labour Organization. Once ratified by a state, it is meant to work as a law protecting tribal people's rights. There are twenty-two physical survival and integrity, but also the preservation of their land, language and religion rights. The ILO represents indigenous rights as they are the organisation that enforced instruments the deal with indigenous rights exclusively. [18]

Organization of American States

Since 1997, the nations of the Organization of American States have been discussing draft versions of a proposed American Declaration on the Rights of Indigenous Peoples. [19] "The draft declaration is currently one of the most important processes underway with regard to indigenous rights in the Americas" [20] as mentioned by the International Work Group for Indigenous Affairs. In 2016, the declaration was adopted by 35 member states by consensus while USA and Canada expressed general reservations. [21]

By country

Australia

Bolivia

This section is an excerpt from Human rights in Bolivia § Indigenous rights.[ edit ]

Indigenous persons, who form a majority of the Bolivian population, have been denied land rights owing to their traditional collective ownership of land under the so-called "ayllu" system. Although Bolivian law technically requires that wrongs against individuals and groups who once owned land under this system be redressed, injustice on this front is still widespread. Indigenous persons are insufficiently represented in government and suffer high unemployment. [22]

Amnesty International complained in a 2012 report that Bolivian authorities had made decisions about construction of a highway across the Isiboro Sécure Indigenous Territory and National Park (Territorio Indígena y Parque Nacional Isiboro Sécure, TIPNIS) without consulting the indigenous persons who live there. This lack of consultation resulted in a good deal of confusion and conflict, with some indigenous people supporting the road and others opposing it, and the government reversing its plans more than once. [23]

Human Rights Watch asked Bolivia in 2011 to ensure "a prompt, thorough, and impartial investigation" of alleged police abuse of peaceful indigenous protestors near Yucomo on September 25 of that year. A report by the UN Committee for the Prevention of Racial Discrimination, issued in the same year, called on Bolivia to adopt urgent means to ensure that the Guaraní people are able to exercise their rights, including their rights to recover their ancestral lands. [24]

In accordance with the Bolivian constitution and law, seven special "indigenous districts" have been established in order to increase the participation of indigenous peoples in national politics. [22]

Canada

In Canada "Aboriginal rights" (French : droits ancestraux) are those rights that the Indigenous peoples in Canada enjoy as a result of their ancestors' long occupancy of the land, for example the right to hunt and fish a particular territory. [25] These are distinct from "treaty rights" which are enumerated in specific agreements between Indigenous groups and the state. Both treaty rights and Aboriginal rights are protected by Section 35 of the Canadian constitution of 1982.

Denmark

The indigenous people of Greenland gained home rule in 1979 and extended to self-government in 2009.

Finland

This section is an excerpt from Human rights in Finland § Indigenous rights.[ edit ]
In February 2013, Finland had not signed the international Declaration on the Rights of Indigenous Peoples nor the Indigenous and Tribal Peoples Convention, 1989 (ILO-convention 169). [26] In March 2014, Finland had not ratified the ILO-convention 169. [27] Sauli Niinistö, the President of Finland, called the treaty irrelevant. However, the Sami people of Finland's north and Lapland have had no special rights, for example, in land rights for reindeer herding. [28] In October 2011, the UN Human Rights Committee called for the cessation of the killing of reindeer in Nellim, Inari. Reindeer owners and the Metsähallitus (Department of Forestry) were in dispute over this matter. [29] In 2019, the Human Rights Committee of the United Nations, found Finland to have violated Sámi political rights, as the Supreme Court of Finland had from 2011 and onwards, began using non-objective criteria when determining allowance of membership in the electoral rolls to the Sámi parliament. [30]

Secession

Indigenous peoples have a mere "remedial" right to secession in international law, irrespective of their right of self-determination and self-government, [31] leaving the existence of rights of secession to internal laws of sovereign states, and independence to the capacities of states.

See also

Related Research Articles

<span class="mw-page-title-main">International Labour Organization</span> Specialized agency of the United Nations

The International Labour Organization (ILO) is a United Nations agency whose mandate is to advance social and economic justice by setting international labour standards. Founded in October 1919 under the League of Nations, it is one of the first and oldest specialised agencies of the UN. The ILO has 187 member states: 186 out of 193 UN member states plus the Cook Islands. It is headquartered in Geneva, Switzerland, with around 40 field offices around the world, and employs some 3,381 staff across 107 nations, of whom 1,698 work in technical cooperation programmes and projects.

International human rights instruments are the treaties and other international texts that serve as legal sources for international human rights law and the protection of human rights in general. There are many varying types, but most can be classified into two broad categories: declarations, adopted by bodies such as the United Nations General Assembly, which are by nature declaratory, so not legally-binding although they may be politically authoritative and very well-respected soft law;, and often express guiding principles; and conventions that are multi-party treaties that are designed to become legally binding, usually include prescriptive and very specific language, and usually are concluded by a long procedure that frequently requires ratification by each states' legislature. Lesser known are some "recommendations" which are similar to conventions in being multilaterally agreed, yet cannot be ratified, and serve to set common standards. There may also be administrative guidelines that are agreed multilaterally by states, as well as the statutes of tribunals or other institutions. A specific prescription or principle from any of these various international instruments can, over time, attain the status of customary international law whether it is specifically accepted by a state or not, just because it is well-recognized and followed over a sufficiently long time.

<span class="mw-page-title-main">Indigenous peoples</span> Peoples who identify as Indigenous and have a special attachment to their traditional territory

There is no generally accepted definition of Indigenous peoples, although in the 21st century the focus has been on self-identification, cultural difference from other groups in a state, a special relationship with their traditional territory, and an experience of subjugation and discrimination under a dominant cultural model.

Economic, social and cultural rights (ESCR) are socio-economic human rights, such as the right to education, right to housing, right to an adequate standard of living, right to health, victims' rights and the right to science and culture. Economic, social and cultural rights are recognised and protected in international and regional human rights instruments. Member states have a legal obligation to respect, protect and fulfil economic, social and cultural rights and are expected to take "progressive action" towards their fulfilment.

Minority rights are the normal individual rights as applied to members of racial, ethnic, class, religious, linguistic or gender and sexual minorities, and also the collective rights accorded to any minority group.

Human rights in Finland are freedom of speech, religion, association, and assembly as upheld in law and in practice. Individuals are guaranteed basic rights under the constitution, by legislative acts, and in treaties relating to human rights ratified by the Finnish government. The constitution provides for an independent judiciary.

Indigenous land rights are the rights of Indigenous peoples to land and natural resources therein, either individually or collectively, mostly in colonised countries. Land and resource-related rights are of fundamental importance to Indigenous peoples for a range of reasons, including: the religious significance of the land, self-determination, identity, and economic factors. Land is a major economic asset, and in some Indigenous societies, using natural resources of earth and sea form the basis of their household economy, so the demand for ownership derives from the need to ensure their access to these resources. Land can also be an important instrument of inheritance or a symbol of social status. In many Indigenous societies, such as among the many Aboriginal Australian peoples, the land is an essential part of their spirituality and belief systems.

Traditional knowledge (TK), indigenous knowledge (IK), folk knowledge, and local knowledge generally refer to knowledge systems embedded in the cultural traditions of regional, indigenous, or local communities.

<span class="mw-page-title-main">Indigenous and Tribal Populations Convention, 1957</span> International Labour Organization Convention

Indigenous and Tribal Populations Convention, 1957 is an International Labour Organization Convention within the United Nations that was established in 1957. Its primary focus is to recognize and protect the cultural, religious, civil and social rights of indigenous and tribal populations within an independent country, and to provide a standard framework for addressing the economic issues that many of these groups face.

The Indigenous and Tribal Peoples Convention, 1989 is an International Labour Organization Convention, also known as ILO Convention 169, or C169. It is the major binding international convention concerning indigenous peoples and tribal peoples, and a forerunner of the Declaration on the Rights of Indigenous Peoples.

Human rights in the Philippines are protected by the Constitution of the Philippines, to make sure that people in the Philippines are able to live peacefully and with dignity, safe from the abuse of any individuals or institutions, including the state.

<span class="mw-page-title-main">Right to food</span> Human right

The right to food, and its variations, is a human right protecting the right of people to feed themselves in dignity, implying that sufficient food is available, that people have the means to access it, and that it adequately meets the individual's dietary needs. The right to food protects the right of all human beings to be free from hunger, food insecurity, and malnutrition. The right to food implies that governments only have an obligation to hand out enough free food to starving recipients to ensure subsistence, it does not imply a universal right to be fed. Also, if people are deprived of access to food for reasons beyond their control, for example, because they are in detention, in times of war or after natural disasters, the right requires the government to provide food directly.

<span class="mw-page-title-main">Declaration on the Rights of Indigenous Peoples</span> Declaration adopted in 2007 by the United Nations General Assembly

The Declaration on the Rights of Indigenous Peoples is a legally non-binding resolution passed by the United Nations in 2007. It delineates and defines the individual and collective rights of indigenous peoples, including their ownership rights to cultural and ceremonial expression, identity, language, employment, health, education, and other issues. Their ownership also extends to the protection of their intellectual and cultural property. The declaration "emphasizes the rights of Indigenous peoples to maintain and strengthen their own institutions, cultures and traditions, and to pursue their development in keeping with their own needs and aspirations." It "prohibits discrimination against indigenous peoples," and it "promotes their full and effective participation in all matters that concern them and their right to remain distinct and to pursue their own visions of economic and social development".

<span class="mw-page-title-main">Saami Council</span> Non-governmental organization of the Saami people

The Saami Council is a voluntary, non-governmental organization of the Sámi people made up of nine Sámi member organizations from Finland, Norway, Russia, and Sweden. Since the founding of the Nordic Saami Council in 1956, among the first indigenous peoples' organizations, the Saami Council has actively dealt with Sámi public policy tasks. In 1992, when Russian Sámi groups joined the council, "Nordic" was removed from the council's name. The secretary was previously sited in both Helsinki and Utsjoki, Finland, but is now in Kárášjohka, Norway. The Saami Council is funded by a range of grants, and its engagements are based on decisions, statements, declarations, and political programs from the Saami Conference held every four years.

Ancestral domain or ancestral lands are the lands, territories and resources of indigenous peoples, particularly in the Asia-Pacific region. The term differs from indigenous land rights, Aboriginal title or Native Title by directly indicating relationship to land based on ancestry, while domain indicates relationships beyond material lands and territories, including spiritual and cultural aspects that may not be acknowledged in land titles and legal doctrine about trading ownership.

Free, prior and informed consent (FPIC) is aimed to establish bottom-up participation and consultation of an indigenous population prior to the beginning of development on ancestral land or using resources in an indigenous population's territory. Indigenous people have a special connection to their land and resources and inhabit one fifth of the Earth's surface. Such areas are environmentally rich in both renewable and non-renewable resources. The collective ownership style of most Indigenous Peoples conflicts with the modern global market and its continuous need for resources and land. To protect Indigenous Peoples' rights, international human rights law has created processes and standards to safeguard their way of life and to encourage participation in the decision-making process. One such method is the process of FPIC. There is criticism that many international conventions and treaties require consultation, not consent, which is a much higher threshold. Without the requirement for consent, indigenous people cannot veto government projects and developments in their area that directly affect their lives and cultures. FPIC allows Indigenous Peoples to have the right to self-determination and self-governance in national and local government decision-making processes over projects that concern their lives and resources.

<span class="mw-page-title-main">Human rights in Denmark</span>

Human rights in the Kingdom of Denmark are protected by the state's Constitution of the Realm (Danmarks Riges Grundlov); applying equally in Denmark proper, Greenland and the Faroe Islands, and through the ratification of international human rights treaties. Denmark has held a significant role in the adoption of both the European Convention on Human Rights and in the establishment of the European Court of Human Rights (ECHR). In 1987, the Kingdom Parliament (Folketinget) established a national human rights institution, the Danish Centre of Human Rights, now the Danish Institute for Human Rights.

Human rights in Norway protect the fundamental rights of all persons within the Kingdom of Norway. These rights are safeguarded by Chapter E of the Constitution of Norway or Kongeriket Norges Grunnlov, as well as the ratification of various international treaties facilitated by the United Nations. The country maintains a dedicated commitment to human rights and was the second country to ratify the European Convention on Human Rights.

The Declaration on the Rights of Peasants is an UNGA resolution on human rights with "universal understanding", adopted by the United Nations in 2018. The resolution was passed by a vote of 121-8, with 54 members abstaining.

References

  1. ↑ Lindholt, Lone (2005). Human Rights in Development Yearbook 2003: Human Rights and Local/living Law. Martinus Nijhoff Publishers. ISBN   90-04-13876-5.
  2. ↑ Gray, Andrew (2003). Indigenous Rights and Development: Self-Determination in an Amazonian Community. Berghahn Books. ISBN   1-57181-837-5.
  3. ↑ Keal, Paul (2003). European Conquest and the Rights of Indigenous Peoples: The Moral Backwardness of International Society. Cambridge University Press. ISBN   0-521-82471-0.
  4. 1 2 Kuppe, Rene (2005). "Indigenous Peoples, Constitutional States And Treaties Of Other Constructive Arrangements Between Indigenous Peoples And States". Brill Academic Publishers. ISBN   90-04-14244-4.
  5. ↑ "Recognizing Indigenous Peoples' Human Rights". Cultural Survival . Archived from the original on 11 January 2012. Retrieved 20 April 2016.
  6. ↑ Anaya, S. James (2004). Indigenous Peoples in International Law. Oxford University Press. ISBN   0-19-517350-3.
  7. ↑ Woodrow Borah, The General Indian Court of Mexico and the Legal Aides of the Half-Real. Berkeley and Los Angeles: University of California Press 1983.
  8. ↑ Woodrow Borah, "Juzgado General de Indios del Perú o juzgado particular de indios de El Cercado de Lima." Revista chilena de historia del derecho , no. 6 (1970): 129-142.
  9. ↑ "Rights of Indigenous Peoples". Archived from the original on 23 September 2015. Retrieved 20 April 2016.
  10. ↑ "Indigenous Rights and Responsibilities for the Natural World". Archived from the original on 25 November 2015. Retrieved 20 April 2016.
  11. ↑ "University of Oregon School of Law" (PDF). Archived from the original (PDF) on 3 March 2016. Retrieved 20 April 2016.
  12. ↑ "Indigenous Rights Crucial To Reducing Carbon Emissions from Deforestation". TreeHugger . Archived from the original on 20 August 2011. Retrieved 20 April 2016.
  13. ↑ Stevens, Stanley (1997). Conservation through cultural survival: indigenous peoples and protected areas. Island Press. ISBN   1-55963-449-9.
  14. ↑ United Nations, State of The World's Indigenous Peoples Archived February 15, 2010, at the Wayback Machine – UNPFII report, First Issue, 2009
  15. ↑ Earth Peoples [ permanent dead link ]
  16. ↑ Survival International. "About us". Archived from the original on 17 September 2009. Retrieved 20 April 2016.
  17. ↑ "International Indian Treaty Council". iitc.org. Retrieved 20 April 2016.
  18. ↑ "Indigenous and tribal peoples". www.ilo.org. Archived from the original on 2016-05-08. Retrieved 2016-05-17.
  19. ↑ Website of the Proposed American Declaration on the Rights of Indigenous Peoples Archived 2013-05-25 at the Wayback Machine
  20. ↑ Hansen, Jens Søgaard. "Organisation of American States". www.iwgia.org. Archived from the original on 2016-06-04. Retrieved 2016-05-17.
  21. ↑ "Organization of American States Adopts Declaration on the Rights of Indigenous Peoples". www.culturalsurvival.org. 2021-10-28. Retrieved 2023-10-25.
  22. 1 2 "2010 Human Rights Report: Bolivia". US Department of State. Retrieved January 17, 2013.
  23. ↑ "Governments must stop imposing development projects on Indigenous peoples' territories". Amnesty International. Retrieved January 18, 2013.
  24. ↑ "Bolivia: Investigate Crackdown on Protesters". Human Rights Watch. 29 September 2011. Retrieved January 18, 2013.
  25. ↑ Branch, Government of Canada; Indigenous and Northern Affairs Canada; Communications. "Aboriginal Rights". www.aadnc-aandc.gc.ca. Archived from the original on 17 April 2018. Retrieved 4 May 2018.{{cite web}}: CS1 maint: multiple names: authors list (link)
  26. ↑ "Finland last to sign indigenous rights treaty?" Yle.fi 8 February 2013.
  27. ↑ "Countries that have not ratified this Convention". Ilo.org. Retrieved December 24, 2017.
  28. ↑ "Presidentiltä outo linjaus ILO-sopimukseen". Kaleva.fi. Retrieved December 24, 2017.
  29. ↑ "YK pyysi säästämään Nellimen porot" HS 27 September 2011. A6.
  30. ↑ "UN human rights experts find Finland violated Sámi political rights to Sámi Parliament representation", OHCHR News, February 4, 2019. Retrieved 2021-03-16.
  31. ↑ Shrinkhal, Rashwet (2021). ""Indigenous sovereignty" and right to self-determination in international law: a critical appraisal". AlterNative: An International Journal of Indigenous Peoples. 17 (1). SAGE Publications: 71–82. doi: 10.1177/1177180121994681 . ISSN   1177-1801. S2CID   232264306.
This page is based on this Wikipedia article
Text is available under the CC BY-SA 4.0 license; additional terms may apply.
Images, videos and audio are available under their respective licenses.