Indigenous Peoples and Developments in International Law: Toward Change through Multilateralism and the Modern Human Rights Frame

1999 ◽  
pp. 223-263
Author(s):  
S. James Anaya
Keyword(s):  
Human Rights ◽  
International Law ◽  
Indigenous Peoples ◽  
Modern Human

Understanding Rights, Human Rights, and Group Rights

2018 ◽  
pp. 21-49
Author(s):  
Giulia Sajeva
Keyword(s):  
Human Rights ◽  
International Law ◽  
Indigenous Peoples ◽  
Local Communities ◽  
General Interest ◽  
Group Rights

Chapters 2 provides an introduction to the concept of rights, useful for understanding the sui generis nature of biocultural rights. It looks at the birth of human rights and group rights, the foundations of human rights, the relation between human rights and the general interest, and the hardship of balancing human rights with other interests and goals. The chapter also introduces a brief outline of indigenous peoples and local communities’ rights, with focus on their different status in international law. This allows for comparison of biocultural rights with other human rights of indigenous peoples and local communities and for elaboration on the significance and different challenges that biocultural rights may have for local communities and indigenous peoples.

s.One Norms and Principles, 1 The Birth and Development of Human Rights for Health

2020 ◽  
Author(s):  
Meier Benjamin Mason ◽  
Murphy Thérèse ◽  
Gostin Lawrence O
Keyword(s):  
Public Health ◽  
Human Rights ◽  
World War Ii ◽  
International Law ◽  
Well Being ◽  
Modern Human ◽  
The Political ◽  
Normative Foundations ◽  
Health And Well Being ◽  
Historical Origins

This chapter examines the historical origins of human rights as a basis for public health. Tracing the idea of rights from philosophical notions of natural rights to human rights under international law, the normative foundations underlying rights have long been seen as central to health and well-being—from the political engagement with underlying determinants of health in 1848 to the international codification of the Universal Declaration of Human Rights (UDHR) in 1948. The modern human rights system that frames public health arose in response to the deprivations and atrocities of World War II. Giving rise to the notion of human rights under international law, the postwar creation of the United Nations (UN) provided the structure for a new legal regime under which individuals were seen as having certain rights by virtue of their humanity, ensuring a foundation for the evolution of rights to advance health.

Defining ‘People’ and ‘Indigenous People’ in International Human Rights Law and Its Application in Indonesia

2019 ◽  
Vol 26 (3) ◽  
pp. 373-408
Author(s):  
M. Ya’kub Aiyub Kadir
Keyword(s):  
Human Rights ◽  
Natural Resources ◽  
International Law ◽  
Indigenous People ◽  
Indigenous Peoples ◽  
International Human Rights Law ◽  
Human Rights Law ◽  
International Human Rights ◽  
International Human ◽  
The Third World

This article investigates the problem of defining ‘people’ and ‘indigenous people’ under the International Human Rights Covenants and their application in the Indonesian context. Using analyses based on the Third World Approach to International Law (twail), this article shows the problems facing Indonesia in identifying indigenous peoples as traditional peoples, in terms of being isolated peoples (Masyarakat Hukum Adat, hereafter mha), and the non-isolated indigenous peoples who were sovereign before the independence of Indonesia. This interpretation has been confusing in relation to the entitlement to natural resources. Therefore, this article proposes a new understanding of indigenous peoples, in order to arrive at better treatment and recognition and in terms of sharing power and the benefits of natural resources in the Indonesian system.

Recent Books on Human Rights and Groups Review Essays International Law and the Evolution of Indigenous Rights

2008 ◽  
Vol 15 (1) ◽  
pp. 117-131
Author(s):  
Stephen Allen
Keyword(s):  
Human Rights ◽  
United Nations ◽  
International Law ◽  
Indigenous Peoples ◽  
Indigenous Rights ◽  
Land Rights ◽  
Self Determination ◽  
Critical Stage ◽  
Conditions Of Possibility ◽  
Supranational Level

AbstractThe recent adoption of the United Nations (UN) Declaration on the Rights of Indigenous Peoples has reinvigorated the discourse on indigenous rights. This essay reviews three books – Xanthaki's Indigenous Rights and United Nations Standards: Self-Determination, Culture and Land; Gilbert's Indigenous Peoples' Land Rights Under International Law: From Victims to Actors; and Rodriguez-Pinero's Indigenous Peoples, Postcolonialism and International Law: The ILO Regime (1919–1989) – that illustrate the way in which indigenous rights have evolved at the supranational level. Moreover, in their different ways, these important books highlight the conditions of possibility for indigenous peoples at a critical stage in the development of indigenous rights in international law.

Global Indigenous Rights and Responses

2010 ◽  
Author(s):  
Pat Lauderdale ◽  
Nicholas D. Natividad
Keyword(s):  
Human Rights ◽  
International Law ◽  
Indigenous Peoples ◽  
International System ◽  
Indigenous Rights ◽  
International Human Rights Law ◽  
Human Rights Law ◽  
Cultural Economic ◽  
Real Change ◽  
The Individual

The United Nations Permanent Forum on Indigenous Issues estimates that there are over 370 million indigenous people spread across 70 countries worldwide. Practicing unique traditions, they retain social, cultural, economic, and political characteristics that are distinct from those of the dominant societies in which they live. Dialogue and political negotiations with indigenous peoples has a long history that began at least a half a millennium ago when the notion of an inter-national” community and the concept of the nation-state became dominant. Since that time, the concepts of sovereignty, self-determination, rule of law, and human rights have led to the establishment of the frameworks and structures of organization that are now referred to collectively as modern international law. But unlike most modern international human rights law, which emphasizes rights of the individual, indigenous peoples generally think in terms of collective rather than individual rights. Because indigenous peoples’ “law” suggests the importance of collective rights, it renders a culture of responsibility and accountability to the collective. At present, international indigenous rights are a type of superficial bandage, giving the appearance of propriety to the crisis faced by the hegemonic “international system of states.” Therefore, indigenous rights standards propagated by organizations such as the UN currently are largely symbolic. However, they could potentially lead to real change if they are coupled with widespread acknowledgment of the fact that diverse societies exist throughout the world with different forms of social organization and diverse conceptions of law.

scholarly journals Indigenous Peoples, World Heritage, and Human Rights

2018 ◽  
Vol 25 (3) ◽  
pp. 245-281 ◽  
Author(s):  
Ana Filipa Vrdoljak
Keyword(s):  
Human Rights ◽  
Cultural Heritage ◽  
International Law ◽  
Indigenous Peoples ◽  
World Heritage ◽  
Cultural Organization ◽  
World Heritage Convention ◽  
The World ◽  
The Right ◽  
Human Rights Based Approach

Abstract:Indigenous peoples’ emphasis on protecting their cultural heritage (including land) through a human rights-based approach reveals the synergies and conflicts between the World Heritage Convention and the UN Declaration on the Rights of Indigenous Peoples (UNDRIP). This article focuses on how their insistence on the right to participate effectively in decision-making and centrality of free, prior, and informed consent as defined in the UNDRIP exposes the limitations of existing United Nations Educational, Scientific and Cultural Organization and World Heritage Convention processes effecting Indigenous peoples, cultures, and territories and how these shortcomings can be addressed. By tracking the evolution of the UNDRIP and the World Heritage Convention from their drafting and adoption to their implementation, it examines how the realization of Indigenous peoples’ right to self-determination concerning cultural heritage is challenging international law to become more internally consistent in its interpretation and application and international organizations to operate in accordance with their constitutive instruments.

Contours of an Indigenous Peoples’ Right to Water in Latin America under International Law

2012 ◽  
Vol 1 (2) ◽  
pp. 211-236 ◽  
Author(s):  
Marco Parriciatu ◽  
Francesco Sindico
Keyword(s):  
Human Rights ◽  
Latin America ◽  
International Law ◽  
Indigenous People ◽  
Indigenous Peoples ◽  
Latin American ◽  
Human Right ◽  
Customary Laws ◽  
The One ◽  
Definition Of

This article critically assesses the nature and the content of a possible human right to water for Indigenous People in the Latin American context. On the one hand, after introducing the deliberately unclear definition of Indigenous People, the article considers that a human right to water is embedded in Indigenous Peoples’ customary laws, which, according to legal pluralism, are to be considered as a legitimate source of law. The article then moves to the content of a possible human right to water for Indigenous People in the Latin American context. The importance of the jurisprudence of the Inter American Court of Human Rights is highlighted, and the obligation for States to consult with Indigenous People when dealing with their water resources is hailed as one of the key elements of a human right to water.

Equality

2021 ◽  
pp. 161-190
Author(s):  
William A. Schabas
Keyword(s):  
Human Rights ◽  
Sexual Orientation ◽  
United Nations ◽  
International Law ◽  
Indigenous Peoples ◽  
Universal Declaration ◽  
The United Nations ◽  
The Right ◽  
Distinct Field ◽  
Special Protection

The right to equality and the prohibition of discrimination is normally formulated with respect to specific grounds. In the Charter of the United Nations, these are race, sex, language, and religion. The list was expanded in the Universal Declaration of Human Rights, where it was also prefaced by the words ‘such as’ thereby recognising that distinctions based upon unenumerated categories might also be encompassed. These might include age, disability, and sexual orientation, for example. International law also provides special protection for children. Related to non-discrimination is the distinct field of protection of minorities, which are identifiable on the basis of ethnicity, language, and religion, and of indigenous peoples.

The Birth and Development of Human Rights for Health

2020 ◽  
pp. 23-44
Author(s):  
Benjamin Mason Meier ◽  
Thérèse Murphy ◽  
Lawrence O. Gostin
Keyword(s):  
Public Health ◽  
Human Rights ◽  
World War Ii ◽  
International Law ◽  
Well Being ◽  
Modern Human ◽  
The Political ◽  
Normative Foundations ◽  
Health And Well Being ◽  
Historical Origins

This chapter examines the historical origins of human rights as a basis for public health. Tracing the idea of rights from philosophical notions of natural rights to human rights under international law, the normative foundations underlying rights have long been seen as central to health and well-being—from the political engagement with underlying determinants of health in 1848 to the international codification of the Universal Declaration of Human Rights (UDHR) in 1948. The modern human rights system that frames public health arose in response to the deprivations and atrocities of World War II. Giving rise to the notion of human rights under international law, the postwar creation of the United Nations (UN) provided the structure for a new legal regime under which individuals were seen as having certain rights by virtue of their humanity, ensuring a foundation for the evolution of rights to advance health.

scholarly journals Human Rights and Indigenous Peoples

2009 ◽  
Vol 1 (2) ◽  
pp. 129-141
Author(s):  
Garth Nettheim
Keyword(s):  
Human Rights ◽  
International Law ◽  
Indigenous Peoples ◽  
Indigenous Rights ◽  
General Assembly ◽  
Indigenous Australians ◽  
Unfinished Business ◽  
Marked Contrast ◽  
The Usa ◽  
Reconciliation Process

The paper begins by noting the low level of reference to Indigenous Australians in the Commonwealth Constitution at the start of Federation, and goes on to discuss the limits to what was achieved by the 1967 amendments. The situation represents a marked contrast with the USA and Canada in terms of treaties and constitutional recognition. In Australia, particularly during the period of the ‘Reconciliation’ process in the 1990s, important steps were taken by Indigenous Australians to identify items of ‘unfinished business’ in a ‘Statement of Indigenous Rights’. But there has been limited progress to meet these aspirations. And Australian law still lacks a tradition of recognition of human rights generally, let alone Indigenous rights. International law, too, largely lacked recognition of human rights, generally prior to the adoption in 1945 of the Charter of the United Nations. The brief references in the Charter were subsequently developed in a range of declarations and of treaties. These applied to people generally, with scant reference to Indigenous peoples. But, since the 1970s, there has been growing international recognition of the rights of Indigenous peoples under existing declarations and treaties. Since the 1990s, in particular, the UN system has established specific mechanisms for addressing such issues. On 13 September 2007, the General Assembly finally adopted a Declaration on the Rights of Indigenous Peoples.

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