Indigenous rights

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Indigenous rights
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Indigenous rights are those rights that exist in recognition of the specific condition of the indigenous peoples. This includes not only the most basic human rights of physical survival and integrity, but also the preservation of their land, language, religion and other elements of cultural heritage that are a part of their existence 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 the indigenous people living within its borders, or in international law as a protection against violation by actions of governments or groups of private interests.

Definition and historical background

The indigenous rights belong to those who, being indigenous peoples, are defined by being the original settlers of a land that has been invaded 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. It is considered both to be bad to be too inclusive as it is to be non-inclusive.^[4][5] In the context of modern indigenous people of European colonial powers, 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 concerned over the way the indigenous people were treated and the effect it had on their society.^[6]

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.^[7][8][9] 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.^[10][11][12]

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

Organizations that struggle for indigenous rights

There are several non-governmental organizations, such as Friends of Peoples Close to Nature, Survival International and Cultural Survival, whose founding mission is to protect indigenous rights. They deal with issues related to land rights, persecution and culture preservation. These organizations underline that the problems that indigenous peoples face do not lie in any deficiency on their culture or way of living, but on the lack of recognition that they are entitled to live the way they choose, and that they belong in the land where they exist. They see that it is their mission to protect the rights to determine their future without western societies imposing their ideas of "development".^[13][14] These groups underline that indigenous cultures have proven to originally live in very rich fulfilling cultures of substenance and arts, and at the root of their problems is an interference with their way of living in the name of western's consumption of natural resources. (7)(8)(9)of the previous page is a little difficult to comprehend.

United Nations

Indigenous peoples and their interests are represented in the United Nations primarily through the mechanisms of the Working Group on Indigenous Populations (WGIP). 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

Main article: ILO 169

ILO 169 is a convention of the International Labour Organisation. Once ratified by a state, it is meant to work as a law protecting tribal people's rights. There are twenty-two countries that ratified the Convention 169 since the year of adoption in 1989: Argentina, Bolivia, Brazil, Central African Republic, Chile, Colombia, Costa Rica, Denmark, Dominica, Ecuador, Fiji, Guatemala, Honduras, México, Nepal, Netherlands, Nicaragua, Norway, Paraguay, Peru, Spain and Venezuela. The law recognizes land ownership; equality and freedom; and autonomy for decisions affecting indigenous peoples.^[15][16][17]

Organization of American States

Since 2001, the nations of the Organization of American States have been discussing draft versions of a proposed American Declaration on the Rights of Indigenous Peoples.^[18]

See also

• Bioregionalism
• Cultural diversity

References

1. ^ Lindholt, Lone (2005). Human Rights in Development Yearbook 2003: Human Rights and Local/living Law. Martinus Nijhoff Publishers. ISBN 9004138765. 
2. ^ Gray, Andrew (2003). Indigenous Rights and Development: Self-Determination in an Amazonian Community. Berghahn Books. ISBN 1571818375. 
3. ^ Keal, Paul (2003). European Conquest and the Rights of Indigenous Peoples: The Moral Backwardness of International Society. Cambridge University Press. ISBN 0521824710. 
4. ^ ^{a b} Kuppe, Rene (2005). Law & Anthropology: "Indigenous Peoples, Constitutional States And Treaties Of Other Constructive Arrangements Between Indigenous Peoples And States". Brill Academic Publishers. ISBN 9004142444. 
5. ^ http://www.culturalsurvival.org/ourpublications/voices/article/recognizing-indigenous-peoples-human-rights
6. ^ Anaya, S. James (2004). Indigenous Peoples in International Law. Oxford University Press. ISBN 0195173503. 
7. ^ http://www.ciesin.columbia.edu/TG/PI/RIGHTS/indig.html
8. ^ http://www.wcl.american.edu/hrbrief/v2i3/suagee23.htm
9. ^ http://www.law.uoregon.edu/org/jell/docs/211/OEL105.pdf
10. ^ http://www.treehugger.com/files/2008/10/indigenous-rights-reduced-emissions-deforestation.php
11. ^ Stevens, Stanley (1997). Conservation through cultural survival: indigenous peoples and protected areas. Island Press. ISBN 1559634499. 
12. ^ United Nations, State of The World's Indigenous Peoples – UNPFII report, First Issue, 2009
13. ^ friends of Peoples close to Nature website – Our Ethos and statement of principles
14. ^ Survival International website – About Us
15. ^ UNPO – ILO 169: 20 years later
16. ^ Survival International – ILO 169
17. ^ Jones, Peris: When the lights go out. Struggles over hydroelectric power and indigenous rights in Nepal [1] NIBR International Blog 11.03.10
18. ^ Website of the Working Group to Prepare the Draft American Declaration on the Rights of Indigenous Peoples

External links

• The Rights of Indigenous Peoples: Study Guide – University of Minnesota
• Researching Indigenous People's Rights Under International Law – Steven C. Perkins
• Indigenous Rights – International Encyclopedia of the Social Sciences, 2nd Edition
• United Nations Declaration on the Rights of Indigenous Peoples
• ILO Convention 169 (full text) - Current international law on indigenous peoples
• State of The World's Indigenous Peoples – UN report, First Issue, 2009
• Genocide Lewis, Norman, February 1969 - Article that led to the foundation of several prominent indigenous rights organizations