THE RIGHT OF SELF-DETERMINATION IN THE UN- DECLARATION ON THE RIGHTS OF INDIGENOUS PEOPLE WITH (original) (raw)
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Self-Determination as Foundation to Indigenous Peoples’ Rights
Developed in the 15th Century through a series of pontifical writings, the “The doctrine of discovery” helped western countries to put in place a domination system depriving indigenous peoples’ rights, most especially the rights to a land and access to their resources. That article tries to show that, it is through the self determination that indigenous people can do away with a segregationist system that has kept them into a state of alienation, defend their rights and fight against all sorts of discrimination due to the fact that they belong to a group different from the majority. However, The declaration of the United Nations on the Rights of indigenous people, it acknowledges the right to self-determination enable the indigenous people to get organized to improve their situation on political, economic, social and cultural plans and end all kinds of discrimination and oppressions wherever it is operates. The self-determination can the make it possible to obstruct the forced assimilation policy and makes cultural diversity possible as values of human dignity. The rationale behind this study was to demonstrate that it is only through auto determination that indigenous people can do away with a segregationist system that keep them in an alienation state. It enables them defend their rights and fight against all kinds of discrimination caused by their belonging to a group different from the majority.
Adelfo Regino & Gustavo Torres - The United Nations Declaration on the Rights of Indigenous Peoples: the Foundation of a New Relationship between Inidgenous Peoples, States and Societies, 2009
With the adoption of the UN Declaration on the Rights of Indigenous Peoples (the Declaration), first in the Human Rights Council (29 June 2006) and subsequently in the UN General Assembly (UNGA) on 13 September 2007, indigenous peoples the world over have taken an enormously significant step along the long path of demanding and defending their individual and collective rights. It is an historic step that will form the basis of a new relationship between indigenous peoples and the states and societies within which they live and with which they co-exist on a day-to-day basis.
” in Minorities within Minorities: Equality, Rights and Diversity, Avigail Eisenberg and Jeff Spinner-Halev, eds,, 2004
This chapter gives the basic outline of the Draft Declaration’s treatment of self-determination and argues that this view of self-determination is correct. Self-determination is a human right and this human right is the same right that underpins the rights of states. Treating an interest of peoples like self-determination as a constitutive element of human dignity raises practical worries about the stability of the international system, and philosophical worries about potential conflicts between individuals and peoples. But it also casts state sovereignty itself in a different light. This new light has interesting consequences both for international law and for philosophical debates about minorities within minorities. In particular, it allows one to think about questions about internal minorities as ultimately questions about legitimacy and representation.
Probing into the concept, scope and implementation patterns and potential of the indigenous people's right to self-determination, is the sole aim of this essay. Significant normative precepts as enshrined in the international law and the exegeses that surround are analysed here coupled with the implementation problems and possible solutions. Ultimately, it is states who are obliged to implement the autonomy indigenous peoples are entitled to, hence, state behaviour and certain responses are also reflected to understand the situation better. Real life difficulties and obstacles that indigenous people confront in exercising their right to self-determination also run along. A few good practices also feature in at the end to prescribe (1)suitable ways to emulate.
Articulating self-determination in the draft declaration on the rights of indigenous peoples
European Journal of International Law, 2001
This paper reports on the current negotiations on the draft Declaration on the Rights of Indigenous Peoples, taking place under the auspices of the UN Commission on Human Rights. The draft Declaration's provision for an indigenous peoples' right of selfdetermination provides an opportunity for the world community to articulate more clearly what is meant by the right to self-determination outside traditional contexts. Part 2 of the paper describes the international legal context in which representatives of indigenous peoples make claims to self-determination, focusing on indications that a requirement of selfdetermination is representative government. Part 3 of the paper develops the view that self-determination should accordingly be considered as a conceptual composite incorporating provision for political participation, autonomy, choice of community, and negotiated self-determination. From this model of self-determination will flow political structures and measures which specifically take into account the particular identity and situations of indigenous peoples. Should negotiations progress, and the United Nations General Assembly eventually adopt a Declaration on the Rights of Indigenous Peoples, the author considers that it would be likely to include a provision on self-determination in such terms. In this way, a provision on indigenous peoples' self-determination could make a valuable contribution to international law.
Indigenous “People” in the context of the Right to Self Determination: A Critical Appraisal
2021
<jats:p>Under the international human rights regime, the right to self-determination is a right guaranteed to the groups of "people". This right is one of the most controversial issues of international law as it comes into conflict with the principle of sovereignty and territorial integrity of the states. There are various uncertainties associated with this right regarding the scope of the right and mode of implementation etc. The present article seeks to make an in-depth analysis of the claimants of the right and the uncertainties associated with the meaning of the term "people" in the context of the right to self-determination. The article encompasses, among other things, the right of indigenous people under various international instruments and how they interrelate to the right of self-determination.</jats:p>