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Indigenous rights

Indigenous rights are those rights which exist in the recognition of the specific condition of the indigenous peoples . This includes not only the most basic human rights, but also the preservation of their land , language , religion , and other elements of cultural heritage that are part of their existence as a people. This can be used as an expression for advocacy of social organizations or as part of the national law in establishing the relationship 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 white indigenous peoples, are defined by being white 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 be broadly understood in relation to colonialism. When we speak of indigenous peoples we speak of 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 is the indigenous people, and the state of rightsholders, varies. It is considered to be non-inclusive. [5] [6]In the context of modern indigenous peoples of the 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 the colonists and colonized, some voices expressed concern over the way in which people have been treated. [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 protecting Indians from ill-treatment. Indians’ access to the court was enabled by a small tax which paid for legal aids. [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 environment, they are linked to 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 emissions, and approaching the threat on both cultural and biological diversity in general. [13] [14] [15]


The rights , claims and even identity of indigenous peoples are apprehended, acknowledged and observed quite differently from government to government. Various desirables and desirements of the community and the development of indigenous peoples.

International organizations

There are several non-governmental civil society movements, networks, indigenous and non-indigenous organizations whose mission is to protect indigenous rights, including land rights . [16] These organizations, networks and groups underline that the issues of indigenous peoples are lacking in the way they are entitled to the right of choice and the lack of rights to their lands and territories. Their mission is to protect the rights of indigenous peoples without imposing their ideas of “development”. [17]These groups say that each culture is differentiated, rich of religious beliefs systems, way of life, and arts, and that the root of the problem would be the interference with their way of living by their disrespect to their rights, invasion of traditional lands by multinational cooperations and small businesses for exploitation of natural resources. [18]

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 Peoples (PFII) as an advisory body to the Economic and Social Council .

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 on solving the problems faced by indigenous peoples in such areas as culture, education, health, human rights, the environment, and social and economic development.

In September 2007, The General Assembly adopted the Declaration on the Rights of Indigenous Peoples . The non-binding statement outlines the individual and collective rights of indigenous peoples, identity, culture, language, employment, health, education and other issues. Four nations with significant indigenous populations voted against the declaration: United States, Canada, New Zealand and Australia. All four have since then changed their vote in favor. 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 Labor Organization . Once ratified by a state, it is meant to work 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 represented in the United States of America. [19]

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. [20] “The draft declaration is currently one of the most important processes under consideration in the Americas” [21] as mentioned by the International Work Group for Indigenous Affairs.

See also

  • Bioregionalism
  • Bumiputra
  • Cultural diversity
  • Cultural imperialism
  • Ethnic nepotism
  • Indigenous land rights
  • Juice sanguinis
  • Minority rights
  • nativism
  • Survival International
  • Xenophobia


  1. Jump up^ Australia, National Museum of. Collaborating for Indigenous Rights Home . indigenousrights.net.au . Retrieved 2016-05-17 .
  2. Jump up^ Lindholt, Lone (2005). Human Rights in Development Yearbook 2003: Human Rights and Local / Living Law . Martinus Nijhoff Publishers. ISBN  90-04-13876-5 .
  3. Jump up^ Gray, Andrew (2003). Indigenous Rights and Development: Self-Determination in an Amazonian Community . Berghahn Books. ISBN  1-57181-837-5 .
  4. Jump up^ 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 .
  5. ^ Jump up to:b Kuppe, Rene (2005). Law & Anthropology: Indigenous Peoples, Constitutional States and Other Agreements Between Indigenous Peoples and States . Brill Academic Publishers. ISBN  90-04-14244-4 .
  6. Jump up^ “RECOGNIZING INDIGENOUS PEOPLES ‘HUMAN RIGHTS” . Cultural Survival . Retrieved 20 April 2016 .
  7. Jump up^ Anaya, S. James (2004). Indigenous Peoples in International Law . Oxford University Press. ISBN  0-19-517350-3 .
  8. Jump up^ Woodrow Borah,The General Indian Court of Mexico and the Legal Aid of the Half-Real. Berkeley and Los Angeles: University of California Press 1983.
  9. Jump up^ Woodrow Borah, “Juzgado General of Indios del Perú o juzgado particular of Indios de El Cercado de Lima.” Revista chilena from historia del derecho, no. 6 (1970): 129-142.
  10. Jump up^ “Rights of Indigenous Peoples” . Retrieved 20 April 2016 .
  11. Jump up^ “Indigenous Rights and Responsibilities for the Natural World” . Retrieved 20 April 2016 .
  12. Jump up^ “University of Oregon School of Law” (PDF) . Retrieved 20 April 2016 .
  13. Jump up^ “Indigenous Crucial Rights To Reducing Carbon Emissions From Deforestation” . TreeHugger . Retrieved 20 April 2016 .
  14. Jump up^ Stevens, Stanley (1997). Conservation through cultural survival: indigenous peoples and protected areas . Island Press. ISBN  1-55963-449-9.
  15. Jump up^ United Nations,State of the World’s Indigenous PeoplesArchivedFebruary 15, 2010, at theWayback Machine. – UNPFII report, First Issue, 2009
  16. Jump up^ Earth Peoples [ Standing dead link ]
  17. Jump up^ Survival International. “About us” . Retrieved 20 April 2016 .
  18. Jump up^ “International Indian Treaty Council” . iitc.org . Retrieved 20 April 2016 .
  19. Jump up^ “Indigenous and tribal peoples” . www.ilo.org . Retrieved 2016-05-17 .
  20. Jump up^ Website of theProposed American Declaration on the Rights of Indigenous Peoples Archived2013-05-25 at theWayback Machine.
  21. Jump up^ Hansen, Jens Søgaard. “Organization of American States” . www.iwgia.org . Retrieved 2016-05-17 .

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