Indigenous Peoples’ participation in decision-making in the context of World Heritage Sites: how International Human Rights Law can help?

2016 ◽  
Vol 7 (2-3) ◽  
pp. 224-236 ◽  
Author(s):  
Beatriz Barreiro Carril
Keyword(s):  
Decision Making ◽  
Human Rights ◽  
Indigenous Peoples ◽  
World Heritage ◽  
International Human Rights Law ◽  
Human Rights Law ◽  
International Human Rights ◽  
World Heritage Sites ◽  
Heritage Sites ◽  
International Human

21. Indigenous peoples’ and minority rights

2017 ◽  
Author(s):  
Rhona K. M. Smith
Keyword(s):  
Human Rights ◽  
Indigenous Peoples ◽  
Minority Rights ◽  
International Human Rights Law ◽  
Political Rights ◽  
Minority Status ◽  
Human Rights Law ◽  
International Human Rights ◽  
Minority Protection ◽  
International Human

This chapter examines the scope and application of indigenous peoples’ rights and minority rights in international human rights law. It discusses the recognition of the need for minority protection in the drafting of the International Bill of Human Rights; analyses the provisions of Art 27 of the International Covenant on Civil and Political Rights; and describes tests employed to determine minority status. The chapter also considers developments in the protection of minority rights in Europe. The rights of indigenous peoples are also examined.

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.

scholarly journals Resource Nationalism in the Law and Policies of Indonesia: A Contest of State, Foreign Investors, and Indigenous Peoples

2019 ◽  
Vol 9 (2) ◽  
pp. 298-333
Author(s):  
M.Y. Aiyub KADIR ◽  
Alexander MURRAY
Keyword(s):  
Human Rights ◽  
Indigenous Peoples ◽  
Legal System ◽  
Foreign Investment ◽  
International Human Rights Law ◽  
Human Rights Law ◽  
International Human Rights ◽  
Foreign Investors ◽  
Resource Nationalism ◽  
International Human

AbstractThis paper examines resource nationalism in the legal system of Indonesia under the interpretation of Articles 33(2), 33(3), and 18B(2) of the 1945 Constitution. It will describe the evolution of the meaning of resource nationalism since independence to the present day, in the context of foreign investment, to investigate the extent to which resource nationalism has benefited indigenous peoples. This paper argues that resource nationalism in the legal system of Indonesia has been driven by state-centric goals and has strayed far away from considerations of the benefits to the indigenous people (Masyarakat Hukum Adat/MHA), so as to dominantly benefit the elites of government and foreign investors. This paper will introduce a new conceptual framework in order to develop an effective argument about resource nationalism using International Human Rights Law.

scholarly journals Towards a Permanent Consultation Mechanism for Persons with Disabilities. A Study from the Perspective of the Un Convention on the Rights of Persons with Disabilities

2018 ◽  
Vol 11 (1) ◽  
pp. 158-186
Author(s):  
Riku-Heikki Virtanen
Keyword(s):  
Human Rights ◽  
Indigenous Peoples ◽  
Legal Obligation ◽  
International Human Rights Law ◽  
Human Rights Law ◽  
International Human Rights ◽  
Persons With Disabilities ◽  
National Legislation ◽  
Eu Member States ◽  
International Human

Abstract The Convention on the Rights of Persons with Disabilities (UN CRPD) stipulates an obligation for states to consult persons with disabilities in the development and implementation of legislation and policies with respect of implementing this Convention. Consultations with persons with disabilities have not as yet become a widespread practice in national legal orders. When it comes to EU member states, for example, not all of them incorporate the said obligation in national legislation. In its Concluding Observations the CRPD Committee suggests that the obligation to consult is a cross-cutting duty covering all rights guaranteed in the UN CRPD. Eventually, the draft General Comment No. 7 to the UN CRPD has arrived at a wider interpretation of the scope of an obligation to consult. Although a much wider scope of opportunity to be consulted is provided for the indigenous peoples by the ILO Convention No. 169, it has become a matter of consideration in several cases before regional human rights organs while the convention has not got a significant number of ratifications. Provided that the UN CRPD is much more broadly ratified by the states, will the adoption of this General Comment exert influence on empowering persons with disabilities? In order to find an answer to this question, this article explores the genesis of a general legal obligation to consult persons with disabilities on a permanent basis which would be wider in scope than matters of implementing the UN CRPD in international human rights law.

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