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Indigenous rights

 

Indigenous rights

Indigenous rights are those 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.

Contents

  • Definition and historical background 1
  • Representation 2
    • International organizations 2.1
    • United Nations 2.2
    • ILO 169 2.3
  • Definition and historical background 3
    • Organization of American States 3.1
  • See also 4
  • References 5
  • External links 6

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 concern over the way indigenous peoples were treated and the effect it had on their societies.[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 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

There are several non-governmental civil society movements, networks, indigenous and non-indigenous organizations, such as International Indian Treaty Council, Indigenous World Association, the [14] 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. [15]

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 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 preservation of their land, language, religion, ribhf

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.[16][17][18][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][19] 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 ountries 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.[20][21][22]

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.[23]

See also

References

  1. ^
  2. ^
  3. ^
  4. ^ a b c d
  5. ^ http://www.culturalsurvival.org/ourpublications/voices/article/recognizing-indigenous-peoples-human-rights
  6. ^
  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. ^
  12. ^ United Nations, State of The World's Indigenous Peoples – UNPFII report, First Issue, 2009
  13. ^ Earth Peoples
  14. ^ Survival International website – About Us
  15. ^ International Indian Treaty Council website
  16. ^
  17. ^
  18. ^
  19. ^ http://www.culturalsurvival.org/ourpublications/voices/article/recognizing-indigenous-peoples-human-rights
  20. ^ UNPO – ILO 169: 20 years later
  21. ^ Survival International – ILO 169
  22. ^ Jones, Peris: When the lights go out. Struggles over hydroelectric power and indigenous rights in Nepal [2] NIBR International Blog 11.03.10
  23. ^ Website of the Proposed 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
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