The Info List - Indigenous Rights

--- Advertisement ---

Indigenous rights
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.


1 Definition and historical background 2 Representation

2.1 International organizations 2.2 United Nations 2.3 ILO 169 2.4 Organization of American States 2.5 Individual states

2.5.1 Canada

3 See also 4 References 5 External links

Definition and historical background[edit] The indigenous rights belong to those who, being indigenous peoples, are defined by being the original people of a land that has been conquested and colonized by outsiders.[2][3][4][5] 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.[5][6] 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 concern over the way indigenous peoples were treated and the effect it had on their societies.[7] 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.[8][9] 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.[10][11][12] 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.[13][14][15] Representation[edit] 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[edit] 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.[16] 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".[17] These groups say that each indigenous culture is differentiated, rich of religious believe systems, way of life, substenance 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 cooperations and small businesses for exploitation of natural resources. [18] United Nations[edit] Indigenous peoples
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
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
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[edit] Main article: ILO 169 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 physical survival and integrity, but also the preservation of their land, language and religion rights. The ILO is represents indigenous rights as they are the organisation that enforced instruments the deal with indigenous rights exclusively.[19] Organization of American States[edit] 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.[20] "The draft declaration is currently one of the most important processes underway with regard to indigenous rights in the Americas"[21] as mentioned by the International Work Group for Indigenous Affairs. Individual states[edit] Canada[edit] 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.[22] These are distinct from "treaty rights" which are enumerated in specific agreements between indigenous groups and the state. Both treaty rights and Aboriginal rights
Aboriginal rights
are protected by Section 35 of the Canadian constitution of 1982. See also[edit]

Bioregionalism Bumiputra Cultural diversity Cultural imperialism Ethnic nepotism Indigenous land rights Jus sanguinis Minority rights Nativism Survival International Xenophobia


^ Australia, National Museum of. "Collaborating for Indigenous Rights Home". indigenousrights.net.au. Retrieved 2016-05-17.  ^ Lindholt, Lone (2005). Human Rights
in Development Yearbook 2003: Human Rights
and Local/living Law. Martinus Nijhoff Publishers. ISBN 90-04-13876-5.  ^ Gray, Andrew (2003). Indigenous Rights
and Development: Self-Determination in an Amazonian Community. Berghahn Books. ISBN 1-57181-837-5.  ^ 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.  ^ 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 90-04-14244-4.  ^ "RECOGNIZING INDIGENOUS PEOPLES' HUMAN RIGHTS". Cultural Survival. Archived from the original on 11 January 2012. Retrieved 20 April 2016.  ^ Anaya, S. James (2004). Indigenous Peoples in International Law. Oxford University Press. ISBN 0-19-517350-3.  ^ 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. ^ 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. ^ " Rights
of Indigenous Peoples". Retrieved 20 April 2016.  ^ "Indigenous Rights
and Responsibilities for the Natural World". Archived from the original on 25 November 2015. Retrieved 20 April 2016.  ^ "University of Oregon School of Law" (PDF). Retrieved 20 April 2016.  ^ "Indigenous Rights
Crucial To Reducing Carbon Emissions from Deforestation". TreeHugger. Retrieved 20 April 2016.  ^ Stevens, Stanley (1997). Conservation through cultural survival: indigenous peoples and protected areas. Island Press. ISBN 1-55963-449-9.  ^ United Nations, State of The World's Indigenous Peoples Archived February 15, 2010, at the Wayback Machine. – UNPFII report, First Issue, 2009 ^ Earth Peoples[permanent dead link] ^ Survival International. "About us". Retrieved 20 April 2016.  ^ "International Indian Treaty Council". iitc.org. Retrieved 20 April 2016.  ^ "Indigenous and tribal peoples". www.ilo.org. Retrieved 2016-05-17.  ^ Website of the Proposed American Declaration on the Rights
of Indigenous Peoples Archived 2013-05-25 at the Wayback Machine. ^ Hansen, Jens Søgaard. "Organisation of American States". www.iwgia.org. Retrieved 2016-05-17.  ^ https://www.aadnc-aandc.gc.ca/eng/1100100028605/1100100028606

External links[edit]

Library resources about Indigenous rights

Resources in your library Resources in other libraries

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 Conservation and Community Rights: Lessons from Mesoamerica

v t e

Indigenous and minority rights


Ancestral domain Free, prior and informed consent Intellectual property Land rights Language Self-determination

in Australia in Canada in the United States

Traditional knowledge Treaty rights

Governmental organizations

African Commission on Human and Peoples' Rights Arctic Council Bureau of Indian Affairs Council of Indigenous Peoples(Taiwan) Fundação Nacional do Índio Indigenous and Northern Affairs Canada National Commission for the Development of Indigenous Peoples National Commission on Indigenous Peoples (Philippines) United Nations Permanent Forum on Indigenous Issues

Non-governmental and political organizations

Amazon Watch Assembly of First Nations Confederation of Indigenous Nationalities of Ecuador Congress of Aboriginal Peoples Coordinator of Indigenous Organizations of the Amazon River Basin Cultural Survival Indigenous Environmental Network Indigenous Peoples Council on Biocolonialism International Work Group for Indigenous Affairs National Indigenous Organization of Colombia Native American Rights
Fund Survival International Unrepresented Nations and Peoples Organization Zapatista Army of National Liberation (more ...)


Civilizing mission Colonialism

Internal colonialism Settler colonialism

Cultural appropriation

Sports mascots Redface

Dakota Access Pipeline protests Discovery doctrine Homeland Lands inhabited by indigenous peoples

Bantustan American Indian reservation Indian reserve Ranchería

Manifest destiny Plastic shaman Rainbow Warriors Two-Spirit

Legal representation

Indigenous and Tribal Peoples Convention, 1989 Declaration on the Rights
of Indigenous Peoples, 2007

Historical cases

2009 Peruvian political crisis Alta controversy Chiapas conflict Depopulation of Diego Garcia High Arctic relocation Indian removal Mapuche conflict Oka Crisis Residential Schools

Canada New Zealand South Africa United States

Rubber boom San controversy Stolen Generations

Human Rights Indigenous rights
Indigenous rights
• Minority rights

v t e


Related concepts

Clan Ethnic group

Ethnolinguistic group Ethnoreligious group

Indigenous peoples Ingroups and outgroups Meta-ethnicity Metroethnicity Minority group Monoethnicity Nation Nationality Panethnicity Polyethnicity Population Race Symbolic ethnicity Tribe


Anthropology Ethnic studies Ethnoarchaeology Ethnobiology

Ethnobotany Ethnozoology Ethnoecology

Ethnocinema Ethnogeology Ethnography

Autoethnography Clinical Critical Cyber- Netnography Online Person-centered Salvage Transidioethnography Video

Ethnohistory Ethnolinguistics Ethnology Ethnomathematics Ethnomethodology Ethnomuseology Ethnomusicology Ethnophilosophy Ethnopoetics Ethnoscience Ethnosemiotics Ethnotaxonomy

Groups by region


Arab League


Indigenous Canada Mexico United States Central America South America


Central Asia East Asia Northern Asia South Asia Southeast Asia West Asia



Europe Oceania

Indigenous European

Identity and ethnogenesis

Cross-race effect Cultural assimilation Cultural identity Demonym Development Endonym Ethnic flag Ethnic option Ethnic origin Ethnic religion Ethnicity in census Ethnofiction Ethnonym Folk religion Historical Imagined community Kinship Legendary progenitor Lineage-bonded society Mythomoteur Mores Nation-building Nation state National language National myth Origin myth Pantribal sodality Tribal name Tribalism Urheimat

Multiethnic society

Consociationalism Diaspora politics Dominant minority Ethnic democracy Ethnic enclave Ethnic interest group Ethnic majority Ethnic media Ethnic pornography Ethnic theme park Ethnoburb Ethnocracy Indigenous rights Middleman minority Minority rights Model minority Multinational state

Ideology and ethnic conflict

Ethnic bioweapon Ethnic cleansing Ethnic hatred Ethnic joke Ethnic nationalism Ethnic nepotism Ethnic penalty Ethnic slur Ethnic stereotype Ethnic violence Ethnocentrism Ethnocide Ethnosymbolism Indigenism Separatist movements Xenophobia

v t e

of Native Americans in the United States

Case law

Johnson v. M'Intosh
Johnson v. M'Intosh
(1823) Cherokee Nation v. Georgia (1831) Worcester v. Georgia
Worcester v. Georgia
(1832) Fellows v. Blacksmith
Fellows v. Blacksmith
(1857) New York ex rel. Cutler v. Dibble
New York ex rel. Cutler v. Dibble
(1858) Standing Bear v. Crook
Standing Bear v. Crook
(D. Neb. 1879) Ex parte Crow Dog
Ex parte Crow Dog
(1883) Elk v. Wilkins
Elk v. Wilkins
(1884) Seneca Nation of Indians v. Christy (1896) Talton v. Mayes
Talton v. Mayes
(1896) Lone Wolf v. Hitchcock
Lone Wolf v. Hitchcock
(1903) United States v. Santa Fe Pacific Railroad Co.
United States v. Santa Fe Pacific Railroad Co.
(1941) Tee-Hit-Ton Indians v. United States
Tee-Hit-Ton Indians v. United States
(1955) Williams v. Lee
Williams v. Lee
(1959) Federal Power Commission v. Tuscarora Indian Nation (1960) Menominee Tribe
v. United States (1968) McClanahan v. Arizona State Tax Commission
McClanahan v. Arizona State Tax Commission
(1973) Oneida Indian Nation of New York v. County of Oneida (1974) Bryan v. Itasca County
Bryan v. Itasca County
(1976) United States v. Antelope
United States v. Antelope
(1977) Santa Clara Pueblo v. Martinez
Santa Clara Pueblo v. Martinez
(1978) Merrion v. Jicarilla Apache Tribe
(1982) Solem v. Bartlett
Solem v. Bartlett
(1984) County of Oneida v. Oneida Indian Nation of New York State (1985) South Carolina v. Catawba Indian Tribe, Inc.
South Carolina v. Catawba Indian Tribe, Inc.
(1986) Hodel v. Irving
Hodel v. Irving
(1987) Mississippi Band of Choctaw Indians v. Holyfield
Mississippi Band of Choctaw Indians v. Holyfield
(1989) South Dakota v. Bourland
South Dakota v. Bourland
(1993) Idaho v. Coeur d'Alene Tribe
of Idaho (1997) Idaho v. United States
Idaho v. United States
(2001) United States v. Lara
United States v. Lara
(2004) City of Sherrill v. Oneida Indian Nation of New York (2005) Cobell v. Salazar
Cobell v. Salazar
(D.C. Cir. 2009) Adoptive Couple v. Baby Girl
Adoptive Couple v. Baby Girl


Alaska Native Claims Settlement Act American Indian Religious Freedom Act Burke Act Civilization Act Curtis Act Dawes Act Diminishment Indian Arts and Crafts Act Indian Child Welfare Act Indian Citizenship Act Indian Civil Rights
Act Indian Gaming Regulatory Act Indian Removal Act Indian Reorganization Act Indian Self-Determination and Education Assistance Act Nationality
Act Native American Graves Protection and Repatriation Act Native American Languages Act Nonintercourse Act Oklahoma Indian Welfare Act


Aboriginal title Bureau of Indian Affairs Cherokee Commission Dawes Rolls Eagle feather law

Eagle-bone whistle

Federal recognition of Native Hawaiians

Legal status of Hawaii

Hunting license In the Courts of the Conqueror National Indian Gaming Commission Native American gaming Native American Rights
Fund Public Law 280 Recognition of sacred sites State recognized tribes Treaty rights Tribal sovereignty

Federally recognized tribes Self-determination

v t e

Canadian Aboriginal and indigenous law

Note: "Aboriginal law" refers to Canadian law dealing with indigenous peoples, whereas "indigenous law" refers to the customary law of individual indigenous groups.

Sources of law

Aboriginal rights

Aboriginal title

Royal Proclamation of 1763 Section 35 of the Constitution Act, 1982 Section 91(24) of the Constitution Act, 1867 Treaty rights

Treaties and governmental relations

Covenant Chain
Covenant Chain
(1670s) Great Peace of Montreal
Great Peace of Montreal
(1701) Nanfan Treaty
Nanfan Treaty
(1701) Halifax Treaties
Halifax Treaties
(1760-1761) Treaties of Fort Niagara (1764-1784) Upper Canada treaties

Penetanguishene Bay Purchase (1798) Lake Simcoe–Lake Huron Purchase (1815) Huron Tract Purchase (1827) Saugeen Tract Agreement (1836) Robinson Treaty (1850)

Douglas Treaties
Douglas Treaties
(1850-54) Numbered Treaties
Numbered Treaties

1 2 3 4 5 6 7 8 9 10 11

Indian Act (1876-present) 1969 White Paper James Bay and Northern Quebec Agreement
James Bay and Northern Quebec Agreement
(1975) Royal Commission on Aboriginal Peoples (1995) Nisga'a Final Agreement (1998) Ongoing treaty negotiations in British Columbia Paix des Braves (2002) Duty to consult and accommodate (since 2004)

Case law

Attorney General of Canada v. Lavell R. v. Badger Calder v. British Columbia Chippewas of Sarnia Band v. Canada Corbiere v. Canada Daniels v. Canada Delgamuukw v. British Columbia Native Women's Association of Canada v. Canada Kruger and al. v. The Queen R. v. Marshall; R. v. Bernard R. v. Marshall Mitchell v. M.N.R. Paul v. British Columbia Paulette Caveat Powley ruling R. v. Drybones R. v. Gladstone R. v. Gladue

Gladue report

R. v. Gonzales R. v. Guerin R. v. Jim R. v. Pamajewon R. v. Sparrow Re Eskimos St. Catharines Milling and Lumber Co. v. R. R. v. Van der Peet Tsilhqot'in Nation v. British Columbia Daniels v. Canada

International rights & laws

Definitions and identity of indigenous peoples Declaration of Indigenous Peoples Rights United Nations Permanent Forum on Indigenous Issues Indigenous intellectual property

See also Index of articles related to In