scholarly journals Rwanda’s Post-Genocide Approach to Ethnicity and Its Impact on the Batwa as an Indigenous People: An International Human Rights Law Perspective

2015 ◽  
Vol 15 (1) ◽  
Author(s):  
Brett Robert Hartley
Keyword(s):  
Human Rights ◽  
Indigenous People ◽  
Indigenous Rights ◽  
International Human Rights Law ◽  
Human Rights Law ◽  
International Human Rights ◽  
Term Survival ◽  
International Human ◽  
Building Program

<em>Following the 1994 genocide, Rwanda embarked on a nation-building program designed, inter alia, to create unity by resisting the attribution of minority or ethnic categories within Rwanda. For Batwa, the effect is to render their claims as indigenous mute. This paper critically examines Rwanda’s approach to ethnicity using international human rights as an analytical lens, arguing that Batwa have a legitimate claim as Rwanda’s indigenous people. It concludes that pressure on Rwanda to recognise Batwa indigenous rights will remain unsuccessful and argues that a normative approach, based on alternatives such as descent- and work-based discrimination, may prove effective for ensuring their long-term survival as a marginalised people</em>

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 The "Spanish" Origins of International Human Rights Law: A Historiographical Review

2010 ◽  
Vol 41 (2) ◽  
pp. 235 ◽  
Author(s):  
Richard P Boast
Keyword(s):  
Human Rights ◽  
Indigenous Peoples ◽  
Indigenous Rights ◽  
International Human Rights Law ◽  
Human Rights Law ◽  
International Human Rights ◽  
Las Casas ◽  
Bartolome De Las Casas ◽  
International Human ◽  
Francisco De Vitoria

This article critically reviews the claim that the Spanish jurist-theologians Francisco de Vítoria and Bartolomé de las Casas, and their successors, were pioneers of human rights theory and of the law relating to the rights of indigenous peoples. The article seeks to clarify the literature relating to these claims by dividing it into various categories and analysing each in turn. A principal aim of the article is to convey the sheer diversity and scale of the various competing historiographies and the extent to which they stand in contrast to each other. By way of conclusion, there is a discussion of those parts of the debate which are of greatest relevance and resonance for a jurisdiction such as New Zealand, where questions about the origins and nature of indigenous rights law are not merely a matter of theoretical interest, but also of great practical relevance.

scholarly journals Decolonizing Indigenous Law: Self-Determination and Vulnerability in the Mapuche Case

2020 ◽  
Author(s):  
Jorge Aillapán Quinteros
Keyword(s):  
Human Rights ◽  
Indigenous People ◽  
Self Determination ◽  
International Human Rights Law ◽  
Human Rights Law ◽  
International Human Rights ◽  
Indigenous Law ◽  
Mapuche People ◽  
International Human ◽  
The Right

In the present essay, the author—and Mapuche, at the same time—critically analyzes the construction of the Mapuche people as a “vulnerable human group” under the International Human Rights Law and then, according to decolonial option, proposes a hypothesis: if the indigenous people are vulnerable, by definition, to claim the right to self-determination, in the Mapuche case, it is an oxymoron.

Human and Fundamental Rights of the Sámi

2015 ◽  
Vol 7 (1) ◽  
pp. 290-316
Author(s):  
Matti Niemivuo
Keyword(s):  
Human Rights ◽  
Indigenous People ◽  
Fundamental Rights ◽  
International Human Rights Law ◽  
Human Rights Law ◽  
International Human Rights ◽  
General Review ◽  
International Human

I will begin this article by saying a few words about the role of human and fundamental rights in Finland, one of the countries where the Sámi live. Following this general review, I will deal with the guarantees that International Human Rights Law and the Constitutions of Finland, Norway, Sweden and Russia provide for the Sámi as an indigenous people. After that I will then go on to examine how fundamental rights of the Sámi have been implemented in Finland. And finally, I will ask whether human and fundamental rights can be invoked in order to improve the position of the Sámi in an increasingly globalised world.

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