Indigenous Rights in International Law

2014 ◽  
Author(s):  
Cher Weixia Chen
Keyword(s):  
World War Ii ◽  
International Law ◽  
Indigenous Peoples ◽  
Indigenous Rights ◽  
Academic Community ◽  
Indigenous Populations ◽  
Indigenous Groups ◽  
Indigenous Movement ◽  
Global Arena ◽  
Domestic Law

Indigenous rights have been gaining traction in international law since World War II, as the indigenous peoples, previously classified under the scope of domestic law, have propelled their cause into the global arena. Indigenous societies are vastly heterogeneous, but they possess some common features, such as lack of statehood, economic and political marginalization, and cultural and racial discrimination. Scholars generally agree that one of the most important goals of the international indigenous movement is to advance indigenous rights under international law. Hence, there have since been several international institutions that seek to address indigenous rights. The Universal Declaration of Human Rights (UDHR) in 1948 is the first international document that recognizes the need to protect indigenous groups, though there are also actors and organizations specializing in the field, such as the Working Group on Indigenous Populations (WGIP). However, the majority of the indigenous rights scholarship only examines the policy on indigenous rights, rather than the broader contexts of indigenous rights or the rise of indigenous rights as a phenomenon. Therefore, if the ultimate political goal of the indigenous rights scholarship is to better the conditions of indigenous peoples, the study of the efficacy of international legal prescription of indigenous rights is imperative. Otherwise, the considerable efforts put forth by both the academic community and the international indigenous movement could only remain symbolic.

Indigenous Peoples: An Emerging Object of International Law

1986 ◽  
Vol 80 (2) ◽  
pp. 369-385 ◽  
Author(s):  
Russel Lawrence Barsh
Keyword(s):  
United Nations ◽  
International Law ◽  
Indigenous Peoples ◽  
Indigenous Rights ◽  
Indigenous Populations ◽  
General Assembly ◽  
International Level ◽  
Annual Session ◽  
Indigenous Organizations ◽  
First Time

The Working Group on Indigenous Populations, an organ of the United Nations Sub-Commission on Prevention of Discrimination and Protection of Minorities, ended its fourth annual session last August by distributing seven “draft principles” to governments and nongovernmental organizations (NGOs) for comment as the first step in preparing “a draft declaration on indigenous rights, which may be proclaimed by the General Assembly.” For the first time since indigenous organizations took their concerns to the international level in 1977, a formal commitment has been made to the development of new law, probably in time for the “cinquecentennial” in 1992 of the “discovery” of the Americas and a proposed international indigenous year.

scholarly journals ¿El perro: el mejor amigo del hombre? Las raíces americanas de la domesticación de España en las obras de Las Casas

2014 ◽  
Vol 4 (1) ◽  
Author(s):  
Joshua M Pongan
Keyword(s):  
Indigenous Peoples ◽  
Indigenous Rights ◽  
The State ◽  
Indigenous Populations ◽  
State Of Exception ◽  
Maximum Extension ◽  
Las Casas ◽  
Indigenous Groups ◽  
Political Philosopher ◽  
Traditional Image

Aunque la imagen tradicional de Las Casas es la del defensor de los indios, el enfoque en este aspecto de sus actividades filosóficas reduce y simplifica la extensión máxima de sus ideas. A través de su escritura, este fraile desarrolla una serie de conceptos que explican cómo el estado de excepción de los pueblos indígenas era el catalizador de la civilización de los españoles, el mismo grupo que pretendía civilizar a los indios. Este artículo examina la representación de lo canino en las obras de Las Casas como parte del proyecto civilizador no de los indios, sino de los españoles. Su presencia en la las obras de Las Casas sirvió para hacer hincapié en los mensajes que condenaban el comportamiento de los españoles en sus interacciones con los indígenas. En última instancia, lo que propone este trabajo es una nueva lectura de las obras de Las Casas que interpreta sus ideas no sólo como uno de los primeros defensores de los derechos indígenas, sino también como un filósofo político que reconoció la necesidad de entregarse al poder absolutista para poder salir de la brutalidad de la excepción que queda afuera de la sociedad. Although the traditional image of Las Casas is that of the defender of the indigenous peoples, the focus on this aspect of his philosophic activities reduces and simplifies that maximum extension of his ideas. Through his writing, Las Casas develops a series of concepts that explain how the state of exception of the indigenous populations was the catalyst of the actual civilization of the Spaniards, the very group that claimed to be civilizing the indigenous groups. This article examines the representation of the canine in the works of Las Casas as part of the civilizing project not of the Indians, but rather of the Spaniards. Its presence in the works of Las Casas emphasizes the messages that condemned the behavior of the Spaniards in their treatment of the Indians. Finally, this article proposes a new reading of Las Casas’ works that interprets his ideas not only as one of the first defenders of indigenous rights, but also as a political philosopher who understood the necessity to recognize a greater power to be able to overcome the brutality of the state of nature that exists outside of society.

Adopting a Rights-based Approach to Non-communicable Diseases among Indigenous Peoples in Africa

2019 ◽  
Vol 26 (1) ◽  
pp. 138-155
Author(s):  
Ebenezer Durojaye ◽  
Mariam Wallet Med Aboubakrine
Keyword(s):  
International Law ◽  
Indigenous Peoples ◽  
Communicable Diseases ◽  
Indigenous Populations ◽  
Non Communicable Diseases ◽  
Indigenous Groups ◽  
The Social ◽  
Rising Incidence ◽  
The Right ◽  
Human Rights Standards

This article examines non-communicable diseases (ncds) as a challenge among indigenous population in Africa. From a rights-based perspective, the article considers some of the social determinants of health and other challenges that can aggravate ncds among indigenous groups in Africa. It further examines the recognition of the right to health of indigenous populations under international law. This is followed by a discussion on some of the barriers to addressing ncds among indigenous peoples in the region. It concludes by urging African governments to be more proactive in adopting measures grounded in human rights standards to address the rising incidence of ncds among indigenous peoples in the region.

scholarly journals The Potential Impact of Indigenous Rights on the International Law of Nationality

AJIL Unbound ◽  
2021 ◽  
Vol 115 ◽  
pp. 135-139
Author(s):  
Kirsty Gover
Keyword(s):  
International Law ◽  
Legal Status ◽  
Indigenous Rights ◽  
Supreme Court Of Canada ◽  
Constitutional Rights ◽  
The Supreme Court ◽  
Potential Impact ◽  
Human Rights Norms ◽  
Domestic Law ◽  
Court Of Appeal

International law has long recognized that the power of a state to identify its nationals is a central attribute of sovereignty and firmly within the purview of domestic law. Yet these boundaries may be shifting, in part due to the effect of international human rights norms. In 2011, citizenship scholar Peter Spiro asked, “[w]ill international law colonize th[is] last bastion of sovereign discretion?” Ten years later, this essay reframes the question, asking whether the international law of Indigenous Peoples’ rights will “decolonize” the discretion, by encouraging its exercise in ways that respect and enable Indigenous connections to their traditional land. It considers this possibility in light of two recent cases decided by courts in Australia and Canada, both of which ascribe a distinctive legal status to non-citizen Indigenous persons: Love v. Commonwealth, Thoms v Commonwealth (“Love-Thoms,” Australian High Court) and R. v. Desautel (“Desautel,” British Columbia Court of Appeal, currently on appeal before the Supreme Court of Canada). In each case, the court in question recognized that some Indigenous non-citizens have constitutional rights to remain within the state's territory (and perhaps also a correlative right to enter it), by virtue of their pre-contact ancestral ties to land within the state's borders.

scholarly journals The (Immediate) Post-World War II Period

2020 ◽  
pp. 168-189
Author(s):  
Antonello Tancredi
Keyword(s):  
World War Ii ◽  
International Law ◽  
Interwar Period ◽  
World War ◽  
Post World War Ii ◽  
Theoretical Approaches ◽  
The Social ◽  
International Legal Order ◽  
The Relationship ◽  
Domestic Law

This chapter addresses the development, after World War II, of two different currents of thought inherited by the Italian international law doctrine from the interwar period: dogmatism and structuralism. The analysis of some fundamental writings concerning topics such as the foundation and the social structure of the international legal order tries to offer a reading lens on some of the most important scientific trends (especially ‘realism’ and ‘neo-normativism’) of the post-World War II period and on the scholars that animated such approaches. Thanks to the identification of some structuring ideas, it will then be possible to briefly examine other issues concerning, for instance, the relationship between international and domestic law after the 1948 Republican Constitution, sovereignty, etc. The evolution of the methodology of international law will have a relevant part in the analysis of theoretical approaches developed by Italian scholars in this period.

James Clifford’s ‘Indigenous Articulations’ as Travelling Theory? The Search for Sustainability in Theorising Taiwan’s Indigenous and Han Populations

2019 ◽  
Vol 2 (1) ◽  
pp. 32-56
Author(s):  
Jess Marinaccio
Keyword(s):  
Indigenous Peoples ◽  
Indigenous Rights ◽  
Self Determination ◽  
Indigenous Populations ◽  
Pacific Region ◽  
The Pacific ◽  
Literature Culture ◽  
Original Audience

In 2000, the noted scholar James Clifford delivered an address entitled ‘Indigenous Articulations’ in which he challenged dichotomies of authenticity/inauthenticity that plague theories of indigeneity in the Pacific region. Today, ‘Indigenous Articulations’ has travelled far beyond its original audience, and some Taiwanese scholars who analyse the literature/culture of Taiwan’s indigenous peoples have adopted this work. Yet, in contrast to Clifford, these scholars have used ‘Indigenous Articulations’ to simultaneously explain indigenous and Han Taiwanese populations, positing Han-indigenous creolisation as preferable to indigenous self-determination. In this paper, I adopt travelling theory to examine ‘Indigenous Articulations’ and its movement to Taiwan studies. I then consider the works of Kuei-fen Chiu and Hueichu Chu to show how they use ‘Indigenous Articulations’ to support a creolised existence for Han and indigenous populations on Taiwan. Finally, I explore tensions between theoretical and ethical sustainability in Taiwan studies and possibilities for recognising indigenous rights in this field.

scholarly journals Indigenous Peoples, International Law, and Extractive Industry Contracts

AJIL Unbound ◽  
2015 ◽  
Vol 109 ◽  
pp. 220-225 ◽  
Author(s):  
Ibironke T. Odumosu-Ayanu
Keyword(s):  
Informed Consent ◽  
International Law ◽  
Indigenous Peoples ◽  
Indigenous Rights ◽  
Transnational Corporations ◽  
International Norms ◽  
Extractive Industry ◽  
Global Industry

The extractive industry has contributed to the development of international law since colonial times. Contracts between states and extractive companies largely drive this global industry. This essay situates extractive industry contracts involving Indigenous peoples, long term actors who have significantly informed the development of international law, within the context of international law. While these contracts are usually analyzed from domestic perspectives, they are impacted by international norms and, as developing transnational practices, even have the potential to show ways ahead in international law. As regards engagement with Indigenous peoples, contracts, which are typically regarded as private instruments, have significant public ramifications. This is especially the case where states, Indigenous peoples, and transnational corporations (TNCs) are involved and where internationally recognized principles relating to Indigenous rights, notably free, prior, and informed consent (FPIC) are implicated.

Part VI International Assistance, Reparations, and Redress, Ch.18 Legal Implementation and International Cooperation and Assistance: Articles 37–42

2018 ◽  
Author(s):  
van Genugten Willem ◽  
Lenzerini Federico
Keyword(s):  
International Law ◽  
International Cooperation ◽  
Indigenous Peoples ◽  
Indigenous Communities ◽  
Indigenous Populations ◽  
Access To Justice ◽  
Customary International Law ◽  
Political Commitments ◽  
United Nations Declaration ◽  
The Right

This chapter discusses Articles 37–42, considering legal implementation and international cooperation and assistance. Article 37 recognizes that treaties, agreements, and other constructive arrangements between States and indigenous populations reflect legally important entitlements that have to be honoured by applying the standards of modern treaty law, while taking into consideration the facts of cases at hand and later developments, and including the interests of other parties than the original ones. In addition, the United Nations Declaration on the Rights of Indigenous Peoples (UNDRIP) might be a declaration ‘only’, but it cannot be simply considered as ‘just another’ non-binding argument. Large parts of Articles 37–42 — particularly Article 37, relating to the right that treaties concluded with indigenous peoples are honoured and respected by States, and Article 40, proclaiming the right of indigenous communities to access to justice and to remedies — do have customary international law character, while other parts also reflect more than moral or political commitments ‘only’.

Indigenous Rights: Recent Developments in International Law

2000 ◽  
Vol 28 (2) ◽  
pp. 266-310
Author(s):  
Julie Debeljak
Keyword(s):  
International Law ◽  
Indigenous People ◽  
Indigenous Peoples ◽  
Indigenous Rights ◽  
Cultural Institutions ◽  
Recent Developments ◽  
Land Holdings

“Indigenous peoples have been deprived of vast land holdings, and access to life sustaining resources, and they have suffered … activ[e] suppress[ion of] their political and cultural institutions. As a result indigenous people have been crippled economically and socially, their cohesiveness as communities has been damaged or threatened, and the integrity of their cultures has been undermined.”

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.

Sign in / Sign up

Export Citation Format

Share Document