Indigenous rights are those
rights
Rights are legal, social, or ethical principles of freedom or entitlement; that is, rights are the fundamental normative rules about what is allowed of people or owed to people according to some legal system, social convention, or ethical the ...
that exist in recognition of the specific condition of the
Indigenous peoples
Indigenous peoples are culturally distinct ethnic groups whose members are directly descended from the earliest known inhabitants of a particular geographic region and, to some extent, maintain the language and culture of those original people ...
. This includes not only the most basic
human rights
Human rights are Morality, moral principles or Social norm, normsJames Nickel, with assistance from Thomas Pogge, M.B.E. Smith, and Leif Wenar, 13 December 2013, Stanford Encyclopedia of PhilosophyHuman Rights Retrieved 14 August 2014 for ce ...
of physical survival and integrity, but also the
rights over their land (including
native title
Aboriginal title is a common law doctrine that the land rights of indigenous peoples to customary tenure persist after the assumption of sovereignty under settler colonialism. The requirements of proof for the recognition of aboriginal title, ...
),
language
Language is a structured system of communication. The structure of a language is its grammar and the free components are its vocabulary. Languages are the primary means by which humans communicate, and may be conveyed through a variety of met ...
,
religion
Religion is usually defined as a social- cultural system of designated behaviors and practices, morals, beliefs, worldviews, texts, sanctified places, prophecies, ethics, or organizations, that generally relates humanity to supernatural, ...
, and other elements of
cultural heritage
Cultural heritage is the heritage of tangible and intangible heritage assets of a group or society that is inherited from past generations. Not all heritages of past generations are "heritage"; rather, heritage is a product of selection by soci ...
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
The right of a people to self-determination is a cardinal principle in modern international law (commonly regarded as a ''jus cogens'' rule), binding, as such, on the United Nations as authoritative interpretation of the Charter's norms. It stat ...
among its Indigenous people, or in
international law
International law (also known as public international law and the law of nations) is the set of rules, norms, and standards generally recognized as binding between states. It establishes normative guidelines and a common conceptual framework for ...
as a protection against violation of Indigenous rights by actions of governments or groups of private interests.
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
Colonization, or colonisation, constitutes large-scale population movements wherein migrants maintain strong links with their, or their ancestors', former country – by such links, gain advantage over other inhabitants of the territory. When ...
by outsiders.
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.
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
The Renaissance ( , ) , from , with the same meanings. is a period in European history marking the transition from the Middle Ages to modernity and covering the 15th and 16th centuries, characterized by an effort to revive and surpass ideas ...
. 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. In the Spanish Empire
The Spanish Empire ( es, link=no, Imperio español), also known as the Hispanic Monarchy ( es, link=no, Monarquía Hispánica) or the Catholic Monarchy ( es, link=no, Monarquía Católica) was a colonial empire governed by Spain and its prede ...
, the crown established the General Indian Court in Mexico
Mexico (Spanish: México), officially the United Mexican States, is a country in the southern portion of North America. It is bordered to the north by the United States; to the south and west by the Pacific Ocean; to the southeast by Guatema ...
and in Peru
, image_flag = Flag of Peru.svg
, image_coat = Escudo nacional del Perú.svg
, other_symbol = Great Seal of the State
, other_symbol_type = Seal (emblem), National seal
, national_motto = "Fi ...
, 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.
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
Sustainable development is an organizing principle for meeting human development goals while also sustaining the ability of natural systems to provide the natural resources and ecosystem services on which the economy and society depend. The des ...
. 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.[United Nations]
State of The World's Indigenous Peoples
– UNPFII
The United Nations Permanent Forum on Indigenous Issues (UNPFII or PFII) is the UN's central coordinating body for matters relating to the concerns and rights of the world's indigenous peoples. There are more than 370 million indigenous peop ...
report, First Issue, 2009
Representation
The rights
Rights are legal, social, or ethical principles of freedom or entitlement; that is, rights are the fundamental normative rules about what is allowed of people or owed to people according to some legal system, social convention, or ethical the ...
, 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.[Earth Peoples]
/ref> 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". 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
The exploitation of natural resources is the use of natural resources for economic growth, sometimes with a negative connotation of accompanying environmental degradation. It started to emerge on an industrial scale in the 19th century as the ex ...
.
United Nations
Indigenous peoples and their interests are represented in the United Nations primarily through the mechanisms of the Working Group on Indigenous Populations The Working Group on Indigenous Populations (WGIP) was a subsidiary body within the structure of the United Nations. It was established in 1982, and was one of the six working groups overseen by the Sub-Commission on the Promotion and Protection of ...
. In April 2000 the United Nations Commission on Human Rights
The United Nations Commission on Human Rights (UNCHR) was a functional commission within the overall framework of the United Nations from 1946 until it was replaced by the United Nations Human Rights Council in 2006. It was a subsidiary body of t ...
adopted a resolution to establish the United Nations Permanent Forum on Indigenous Issues
The United Nations Permanent Forum on Indigenous Issues (UNPFII or PFII) is the UN's central coordinating body for matters relating to the concerns and rights of the world's indigenous peoples. There are more than 370 million indigenous peop ...
(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
The United Nations General Assembly (UNGA or GA; french: link=no, Assemblée générale, AG) is one of the six principal organs of the United Nations (UN), serving as the main deliberative, policymaking, and representative organ of the UN. Curr ...
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 Declaration on the Rights of Indigenous Peoples (UNDRIP or DOTROIP) 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 th ...
. 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
Azerbaijan (, ; az, Azərbaycan ), officially the Republic of Azerbaijan, , also sometimes officially called the Azerbaijan Republic is a transcontinental country located at the boundary of Eastern Europe and Western Asia. It is a part of th ...
, Bangladesh
Bangladesh (}, ), officially the People's Republic of Bangladesh, is a country in South Asia. It is the eighth-most populous country in the world, with a population exceeding 165 million people in an area of . Bangladesh is among the mos ...
, Bhutan
Bhutan (; dz, འབྲུག་ཡུལ་, Druk Yul ), officially the Kingdom of Bhutan,), is a landlocked country in South Asia. It is situated in the Eastern Himalayas, between China in the north and India in the south. A mountainous ...
, Burundi
Burundi (, ), officially the Republic of Burundi ( rn, Repuburika y’Uburundi ; Swahili language, Swahili: ''Jamuhuri ya Burundi''; French language, French: ''République du Burundi'' ), is a landlocked country in the Great Rift Valley at the ...
, Colombia
Colombia (, ; ), officially the Republic of Colombia, is a country in South America with insular regions in North America—near Nicaragua's Caribbean coast—as well as in the Pacific Ocean. The Colombian mainland is bordered by the Car ...
, Georgia
Georgia most commonly refers to:
* Georgia (country), a country in the Caucasus region of Eurasia
* Georgia (U.S. state), a state in the Southeast United States
Georgia may also refer to:
Places
Historical states and entities
* Related to the ...
, Kenya
)
, national_anthem = "Ee Mungu Nguvu Yetu"()
, image_map =
, map_caption =
, image_map2 =
, capital = Nairobi
, coordinates =
, largest_city = Nairobi
, ...
, Nigeria
Nigeria ( ), , ig, Naìjíríyà, yo, Nàìjíríà, pcm, Naijá , ff, Naajeeriya, kcg, Naijeriya officially the Federal Republic of Nigeria, is a country in West Africa. It is situated between the Sahel to the north and the Gulf o ...
, Russia, Samoa
Samoa, officially the Independent State of Samoa; sm, Sāmoa, and until 1997 known as Western Samoa, is a Polynesian island country consisting of two main islands (Savai'i and Upolu); two smaller, inhabited islands (Manono Island, Manono an ...
and Ukraine
Ukraine ( uk, Україна, Ukraïna, ) is a country in Eastern Europe. It is the second-largest European country after Russia, which it borders to the east and northeast. Ukraine covers approximately . Prior to the ongoing Russian inv ...
. 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
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 the first and o ...
. 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
Language is a structured system of communication. The structure of a language is its grammar and the free components are its vocabulary. Languages are the primary means by which humans communicate, and may be conveyed through a variety of met ...
and religion rights. The ILO represents indigenous rights as they are the organisation that enforced instruments the deal with indigenous rights exclusively.
Organization of American States
Since 1997, the nations of the Organization of American States
The Organization of American States (OAS; es, Organización de los Estados Americanos, pt, Organização dos Estados Americanos, french: Organisation des États américains; ''OEA'') is an international organization that was founded on 30 April ...
have been discussing draft versions of a proposed American Declaration on the Rights of Indigenous Peoples. "The draft declaration is currently one of the most important processes underway with regard to indigenous rights in the Americas" as mentioned by the International Work Group for Indigenous Affairs.
By country
Australia
Canada
In Canada "Aboriginal rights" (french: droits ancestraux) are those rights that Indigenous peoples enjoy as a result of their ancestors' long occupancy of the land, for example the right to hunt and fish a particular territory. These are distinct from "treaty rights
In Australia, Canada, New Zealand and the United States the term treaty rights specifically refers to rights for indigenous peoples enumerated in treaties with settler societies that arose from European colonization.
Exactly who is indigenou ...
" 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
Greenland ( kl, Kalaallit Nunaat, ; da, Grønland, ) is an island country in North America that is part of the Kingdom of Denmark. It is located between the Arctic and Atlantic oceans, east of the Canadian Arctic Archipelago. Greenland is t ...
gained home rule
Home rule is government of a colony, dependent country, or region by its own citizens. It is thus the power of a part (administrative division) of a state or an external dependent country to exercise such of the state's powers of governance wit ...
in 1979 and extended to self-government
__NOTOC__
Self-governance, self-government, or self-rule is the ability of a person or group to exercise all necessary functions of regulation without intervention from an external authority. It may refer to personal conduct or to any form of ...
in 2009.
Secession
Indigenous peoples have a mere "remedial" right to secession in international law, irrespective of their right of self-determination and self-government, leaving the existence of rights of secession to internal laws of sovereign state
A sovereign state or sovereign country, is a polity, political entity represented by one central government that has supreme legitimate authority over territory. International law defines sovereign states as having a permanent population, defin ...
s, and independence
Independence is a condition of a person, nation, country, or state in which residents and population, or some portion thereof, exercise self-government, and usually sovereignty, over its territory. The opposite of independence is the statu ...
to the capacities of states.
See also
*Bioregionalism
Bioregionalism is a philosophy that suggests that political, cultural, and economic systems are more sustainable and just if they are organized around naturally defined areas called bioregions, similar to ecoregions. Bioregions are defined t ...
*Bumiputra
''Bumiputera'' or ''Bumiputra'' ( Jawi: ) is a term used in Malaysia to describe Malays, the Orang Asli of Peninsular Malaysia, and various indigenous peoples of East Malaysia (see official definition below). The term is sometimes controver ...
*Cultural diversity
Cultural diversity is the quality of diverse or different cultures, as opposed to monoculture, the global monoculture, or a homogenization of cultures, akin to cultural evolution. The term "cultural diversity" can also refer to having different cu ...
*Cultural imperialism
Cultural imperialism (sometimes referred to as cultural colonialism) comprises the cultural dimensions of imperialism. The word "imperialism" often describes practices in which a social entity engages culture (including language, traditions, ...
*Indigenous intellectual property
Indigenous intellectual property is a term used in national and international forums to describe intellectual property that is "collectively owned" by various Indigenous peoples, and by extension, their legal rights to protect specific such prop ...
*Indigenous land rights
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 Indigenou ...
*International Day of the World's Indigenous Peoples
The International Day of the World's Indigenous Peoples is observed on 9 August each year to raise awareness and protect the rights of the world's indigenous population. This event also recognizes the achievements and contributions that indigen ...
*Free, prior and informed consent
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. ...
*'' Jus sanguinis''
*Minority rights
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.
Civil-rights movements ofte ...
* Nativism
*Survival International
Survival International is a human rights organisation formed in 1969, a London based charity that campaigns for the rights of indigenous and/or tribal peoples and uncontacted peoples.
The organisation's campaigns generally focus on tribal peopl ...
*Xenophobia
Xenophobia () is the fear or dislike of anything which is perceived as being foreign or strange. It is an expression of perceived conflict between an in-group and out-group and may manifest in suspicion by the one of the other's activities, a ...
References
External links
The Rights of Indigenous Peoples: Study Guide
– University of Minnesota
– Steven C. Perkins
Indigenous Rights
– International Encyclopedia of the Social Sciences, 2nd Edition
* ttps://web.archive.org/all/20111031202527/http://www.ilo.org/ilolex/cgi-lex/convde.pl?C169 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
Conservation and Community Rights: Lessons from Mesoamerica
{{DEFAULTSORT:Indigenous Rights
Indigenous politics
History of social movements