scholarly journals Law of Ukraine «On Indigenous Peoples of Ukraine»: declaration of rights and their further implementation»

2021 ◽  
pp. 132-142
Author(s):  
Anton Opanasenko
Keyword(s):  
Indigenous People ◽  
Indigenous Peoples ◽  
Legal Status ◽  
State Power ◽  
Self Determination ◽  
National Minority ◽  
Public Authorities ◽  
Collective Rights ◽  
The Law ◽  
Detailed Interpretation

Keywords: Indigenous peoples, Crimean Tatars, Karaites, Krymchaks, Gagauzpeople, representation, legal status, self-determination, language, culture, traditions,people, identity The article analyses indetail the legal status and certain types of rights as signed to indigenous peoples ofUkraine under the recently adopted Law of Ukraine «On Indigenous Peoples of Ukraine». The criteria of belonging of separate communities to the indigenous peoplesof Ukraine, features of realization by these peoples of their collective rights, and alsorealization by separate representatives of indigenous peoples of their individualrights in the corresponding spheres are defined. The study also defines the characteristicsof the indigenous people, which distinguish this concept from other related concepts,in particular, the concept of national minority. Also, the article, based on theaforementioned Law, determines why only the indigenous peoples of Crimea:Crimean Tatars, Karaites and Krymchaks can be recognized as indigenous peoples ofUkraine, in contrast to the Gagauz people, who currently in Ukraine’s Odessa region.The study also highlights the peculiarities of the representation of indigenous peoplesof Ukraine at the local, national and international levels. A detailed interpretation ofthe provisions of the Law clarifies its role and significance, as well as prospects for theimplementation of its provisions in the future. The specifics of the representation ofindigenous peoples in Ukraine have been studied, in particular through the functioningof separate representative bodies of indigenous peoples, as well as the representationof the aforementioned communities within public authorities and local governments.The process and peculiarities of interaction of the representative bodies of theindigenous peoples of Ukraine with the bodies of state power and local self-governmentin Ukraine are analysed, along with the specifics of the legal status of such bodiesof the indigenous peoples. The publication proves the need for further the legislativeprocess to implement the requirements of the law, as well as the development ofdetailed and transparent mechanisms for such implementation.

International law and indigenous peoples

1995 ◽  
Vol 3 (1) ◽  
pp. 47-76 ◽  
Author(s):  
Stephan Marquardt
Keyword(s):  
International Law ◽  
Indigenous People ◽  
Indigenous Peoples ◽  
Legal Status ◽  
Positive Answer ◽  
Self Determination ◽  
New Developments ◽  
Recent Developments ◽  
The Right

AbstractIndigenous people- international law - self-determination. In recent years, indigenous people have become increasingly active at the international level. Recent developments, in particular the drafting of a UN declaration on the rights of indigenous peoples, indicate that new rules of international law may be emerging from this process. The new developments raise the question of the legal status of indigenous peoples. This question has essentially two elements: whether indigenous peoples may claim sovereign rights and whether the right to self-determination of peoples is applicable to them. A number of arguments suggest that a positive answer may be given to these two questions. An important aspect in this context is that indigenous peoples should be distinguished from minorities.

scholarly journals Features of the activities of the ombudsmen for the protection of the rights of indigenous minorities: foreign experience

2021 ◽  
pp. 177-184
Author(s):  
A. M. Osavelyuk
Keyword(s):  
Indigenous Peoples ◽  
Legal Status ◽  
Legal Protection ◽  
Parental Rights ◽  
Public Authorities ◽  
Foreign Countries ◽  
Indigenous Minorities ◽  
The Law ◽  
Aboriginal Law ◽  
Law Making

The article proposes an analysis of legislation and scientific research on the legal status of indigenous small peoples in foreign countries. Particular attention is paid to the types of public authorities and ombudsmen, the specifics of their legal status and the powers to protect the rights of indigenous peoples in different States. Specific mechanisms for the action of the law, in particular Aboriginal law based on the use of religious and moral traditions of small peoples, are proposed. Among the aspects of the legal protection of the child's interests are the discussion points of the independence of the legal status of the child and its implementation externally, including in the context of the implementation of parental rights. A special place is given to the problem of the law-making of public bodies created by indigenous peoples themselves.

Right to Self-Determination in International Law: Towards Theorisation of the Concept of Indigenous Peoples/National Minority?

2012 ◽  
Vol 19 (4) ◽  
pp. 481-532 ◽  
Author(s):  
Prosper Nobirabo Musafiri
Keyword(s):  
International Law ◽  
Indigenous Peoples ◽  
Minority Groups ◽  
Self Determination ◽  
National Minority ◽  
International Level ◽  
International Human Rights ◽  
Indigenous Minority ◽  
International Human ◽  
The Right

The problem of the concept of the right to self-determination under international human rights is that it is vague and imprecise. It has, at the same time, generated controversy as it leaves space for multiple interpretations in relevant international legal instruments. This paper examines if indigenous people and minority groups are eligible to the right to self-determination. If so, what is the appropriate interpretation of such right, in light of indigenous/minority groups at national as well as the international level?

scholarly journals Status prawny mniejszości narodowych w Republice Słowackiej

2021 ◽  
Vol 15 ◽  
pp. 93-111
Author(s):  
Aleksandra Puzyniak
Keyword(s):  
Legal Status ◽  
Slovak Republic ◽  
National Minority ◽  
Minority Languages ◽  
The European Union ◽  
National Minorities ◽  
Legal Method ◽  
The Law ◽  
The Republic ◽  
The Government

Położenie mniejszości narodowych na terenie Republiki Słowackiej regulują liczne akty prawne. Wśród nich znajdują się dokumenty przyjmowane na gruncie krajowym oraz rozwiązania o charakterze międzynarodowym. Celem niniejszego artykułu jest przedstawienie treści najważniejszych ustaw oraz dokumentów, które wpływają na położenie mniejszości narodowych na Słowacji, a także przybliżenie reakcji organizacji międzynarodowych na wprowadzane przez Bratysławę regulacje prawne. The legal status of national minorities in the Slovak Republic The location of national minorities in the territory of the Slovak Republic is regulated by numerous national acts, the most important of which are the constitution, the law on the use of national minority languages and the law on the state language. References to national minorities can be found in many other acts, such as the Act on counteracting discrimination, the Act on Upbringing and Education and the Act on Radio and Television. The issue of minorities is also raised in bilateral agreements, an example of which is the agreement on good neighbourliness and friendly cooperation between the Slovak Republic and the Republic of Hungary. The legal situation of minorities in Slovakia is also influenced by international organizations to which Bratislava belongs. In this case, the Council of Europe’s most significant influence, the European Union, the Central European Initiative and the United Nations. Over the years, the Slovak authorities have also created institutions responsible for activities for national minorities, and among them, an important function is performed by the Government Plenipotentiary of the Slovak Republic for National Minorities. This article aims to analyse the legal acts and institutions regulating the legal status of national minorities in Slovakia. The publication is also intended to show that the issue of minorities is covered in many legal solutions, and the Slovak authorities have developed a system of protection and support for this community over the years. The author used the institutional and legal method.

Indigenous Education in Canada

2020 ◽  
Author(s):  
Jo-ann Archibald – Q’um Q’um Xiiem
Keyword(s):  
Decision Making ◽  
Indigenous Knowledge ◽  
Indigenous People ◽  
Indigenous Peoples ◽  
Indigenous Education ◽  
Self Determination ◽  
Educational Policies ◽  
Aboriginal Peoples ◽  
Royal Commission ◽  
Educational Systems

Canadian Indigenous education includes education for Indigenous learners at all levels and ages and learning about Indigenous peoples’ history, cultures/knowledges, and languages for all learners in educational systems. In Canada, the journey of Indigenous people toward self-determination for Indigenous education continues to be a key challenge for government, policy makers, and Indigenous organizations. Self-determination approaches are not new. They originated in traditional forms of education that were created by and for Indigenous peoples. These authentic Indigenous approaches were disrupted by colonial educational policies enacted by state (federal government) and church that separated Indigenous children from their families and communities through boarding and Indian residential schools for over 100 years. Generations of Indigenous people were negatively impacted by these colonial educational policies and legislation, which contributed to lower educational levels among Indigenous peoples compared to non-Indigenous peoples in Canada. In response, Indigenous peoples have resisted assimilationist attempts by organizing politically, engaging in national research and commissions, and developing educational organizations to regain and revitalize self-determining approaches to Indigenous education. Indigenous peoples have played significant decision-making roles through the following national policies, research, and commissions that created opportunities for educational change: the 1972 Indian Control of Indian Education Policy; the 1991–1996 Royal Commission on Aboriginal Peoples; and the 2008–2015 Truth and Reconciliation Commission of Canada. A prevalent discourse in Canadian education specifically and Canadian society generally is about reconciliation. For Indigenous peoples, reconciliation cannot happen until educational systems ensure that Indigenous peoples have a central role in making policy and programmatic decisions, and that Indigenous knowledge systems are placed respectfully and responsibly in education at all levels. Another common discourse is about Indigenizing the Academy or Indigenizing education, which also cannot occur without Indigenous people’s direct involvement in key decision-making approaches. The Indigenous educational landscape in Canada is showing signs of slow but steady growth through Indigenous self-determination and Indigenous knowledge approaches to teaching, learning, and research.

Part II Group Identity, Self-Determination, and Relations with States, Ch.9 Free, Prior, and Informed Consent in the UNDRIP: Articles 10, 19, 29(2), and 32(2)

2018 ◽  
Author(s):  
Barelli Mauro
Keyword(s):  
Informed Consent ◽  
Indigenous People ◽  
Indigenous Peoples ◽  
Group Identity ◽  
Good Faith ◽  
Self Determination ◽  
Fundamental Aspect ◽  
Cultural Group ◽  
Effective Protection ◽  
The Right

This chapter addresses the norm of free, prior, and informed consent (FPIC) found in Articles 10, 19, 29(2), and 32(2). The rights to participation and consultation are crucial to guarantee the effective protection of the rights and interests of any ethno-cultural group, and represent a fundamental aspect of modern democratic societies. Accordingly, FPIC reinforces significantly the provisions of the Declaration dealing with participatory rights, and specifically those concerning the right of indigenous peoples to be consulted with regard to matters affecting them. At a minimum, FPIC requires that the relevant consultations should not be a mere formality, but, rather, should be conducted in good faith and with the objective of finding a common agreement. However, FPIC may also be understood in a more radical manner, namely one requesting that certain measures or projects should not be implemented in the absence of the consent of the indigenous people concerned.

Legislating for the ‘Whole World That Is, in a Sense, a Commonwealth’

2018 ◽  
Author(s):  
Anthony Pagden
Keyword(s):  
Property Rights ◽  
Indigenous Peoples ◽  
Regime Change ◽  
Legal Order ◽  
Self Determination ◽  
Law Of Nations ◽  
Moral Arguments ◽  
School Of Salamanca ◽  
The Law

This chapter argues that, contrary to ‘postcolonial’ claims, the Spanish ‘School of Salamanca’ was not overwhelmingly concerned with the need to justify the Spanish occupation of the Americas, but with creating an understanding of the ‘law of nations’ based upon the concept of a worldwide legal order. In terms of this, the Spanish Crown could only legitimate its presence in America if that could be shown to have brought benefits to the indigenous peoples in terms of protection from tyrannical rulers. None of this, however, could justify occupation or confer sovereignty and property rights on the conquering powers, although it would permit those powers to bring about a form of ‘regime change’. It also argues that all the ‘moral’ arguments for occupation employed by the European colonizing powers led logically and inexorably, if also unintentionally, to the ultimate ‘self-determination’ of the colonized.

Japan's post-war Ainu policy. Why the Japanese Government has not recognised Ainu indigenous rights?

Polar Record ◽  
2012 ◽  
Vol 49 (2) ◽  
pp. 204-207 ◽  
Author(s):  
Hiroshi Maruyama
Keyword(s):  
Social Welfare ◽  
Indigenous People ◽  
Indigenous Peoples ◽  
Indigenous Rights ◽  
Japanese Government ◽  
Japanese History ◽  
Welfare Measures ◽  
The Law ◽  
Post War ◽  
First Time

ABSTRACTIn 1946, the Ainu Association of Hokkaido was established by the Ainu to reclaim their lands. The 1970s and 80s saw that the association successfully put pressure on the Hokkaido Prefectural Government to take social welfare measures for the improvement of their life and make a new law counter to the Hokkaido Former Aborigines Protection Act. In 1997 the Japanese Government enacted the so-called New Ainu Law. However, it is totally different from the original draft made by the Ainu. The law does not designate the Ainu as indigenous people. Further, it is outstripped by the decision of Nibutani Dam Case that, for the first time in Japanese history, recognised Ainu right to culture and indigenousness in Japanese territory. In 2008 the Japanese Government finally recognised the Ainu as indigenous people in the wake of the UN Declaration of the Rights of Indigenous Peoples. However, the Ainu do not yet have any indigenous rights. This note chronologically outlines Japan's post-war Ainu policy, and moreover explores who and what has influenced Ainu policy and the law.

The International Court of Justice and Peoples

2007 ◽  
Vol 9 (2) ◽  
pp. 157-180
Author(s):  
Timo Koivurova
Keyword(s):  
International Law ◽  
Indigenous Peoples ◽  
Self Determination ◽  
International Court Of Justice ◽  
Collective Rights ◽  
Court Of Justice ◽  
International Court ◽  
The Icj ◽  
The Right

AbstractThe article examines how the International Court of Justice (ICJ) has dealt with the concept of peoples and peoples' rights in its jurisprudence. Most prominent has been the Court's role with respect to the right of self-determination and it is this issue that forms the core of the article. A second important question dealt with is the role of indigenous peoples in ICJ case practice, as the struggle by those peoples to gain collective rights is a recent development in international law. Drawing on this analysis, the discussion proceeds to consider the role that the ICJ has played in the development of the rights of peoples in general and what its future role might be in this sphere of international law. The article also examines the way in which the Court has allowed peoples to participate in its proceedings and whether and how its treatment of peoples' rights has strengthened the general foundations of international law.

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