Gavin Howe
Indigenous peoples' rights are human rights, and international law provides support and an avenue for relief from the violation of indigenous peoples' rights. The contemporary treatment of indigenous peoples by the international system is the result of activity over the last few decades, driven by indigenous peoples themselves. There are international and domestic law remedies available to aggrieved persons or groups whose properties and resources have been contaminated by harmful substances produced by development projects. International law guarantees rights to indigenous peoples regarding traditional lands, knowledge, cultural preservation, and human security.
| Characteristics | Values |
|---|---|
| Right to self-determination | Recognized by the Inter-American Court of Human Rights |
| Right to be free from expropriation of property without due process | Recognized by the Inter-American Court of Human Rights |
| Right to protection from extinction | Recognized by the Inter-American Court of Human Rights |
| Right to protection of their lands, cultures, and livelihoods | Recognized by Amnesty International |
| Right to protection against discrimination | Recognized by the Inter-American Commission on Human Rights |
| Right to protection of their physical environment | Recognized by the Covenant on Civil and Political Rights |
| Right to protection of their property and economic interests | Recognized by the Covenant on Civil and Political Rights |
| Right to protection of their cultural survival | Recognized by the United Nations |
| Right to protection of their traditional lands, knowledge, and human security | Recognized by International Law |
| Right to protection of their cultural preservation | Recognized by International Law |
| Right to protection of their spiritual and religious traditions | Recognized by the UN Declaration on the Rights of Indigenous Peoples |
| Right to protection of their bio-cultural rights | Recognized by the UN Declaration on the Rights of Indigenous Peoples |
| Right to free, prior, and informed consent regarding their lands and resources | Recognized by the UN Declaration on the Rights of Indigenous Peoples |
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What You'll Learn
Indigenous peoples' rights are human rights
Indigenous peoples have become active participants in multilateral discussions with states, NGOs, and independent experts. They have articulated a vision of themselves as distinct communities with historically based cultures, political institutions, and entitlements to land. This has led to a reformulated understanding of general human rights principles and their implications for indigenous peoples, resulting in a new body of international law concerning indigenous peoples.
International law guarantees indigenous peoples' rights to traditional lands, knowledge, cultural preservation, and human security. For example, Article 26 of the UN Declaration on the Rights of Indigenous Peoples states that indigenous peoples have the right to the lands, territories, and resources they have traditionally owned, occupied, or used. They have the right to own, use, develop, and control these lands, and states must legally recognize and protect them. Additionally, Article 27 of the United Nations Covenant on Civil and Political Rights, signed by Guatemala and most UN members, guarantees indigenous peoples' "right to enjoy their culture" and their property and economic interests.
International law also provides rules and avenues for relief from violations of indigenous peoples' rights. For instance, the Inter-American Court of Human Rights voided Ecuador's concession to oil producers who planned to engage in oil exploration on indigenous land without consulting the affected communities. Furthermore, under international law, states cannot relocate indigenous peoples without their free, prior, and informed consent and without offering adequate compensation.
Protecting indigenous rights is also crucial for safeguarding the global environment. Indigenous peoples' lands are home to a significant portion of the world's intact forests and natural resources. Therefore, securing their territorial rights helps preserve biodiversity and mitigate environmental degradation.
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Indigenous peoples' right to self-determination
International law guarantees indigenous peoples' right to self-determination, which includes the protection of their traditional lands, knowledge, cultural preservation, and human security. This right is supported by various international declarations and conventions, which, while not legally binding, have been widely recognised as part of customary international law.
The right to self-determination for indigenous peoples means that they have the right to make decisions about their own lives and communities, and to maintain their distinct cultures, political institutions, and ways of life. This right has been recognised and advocated for by indigenous peoples themselves, who have actively participated in multilateral dialogues, conferences, and appeals to international institutions.
One example of the right to self-determination in action is the case of Sarayka v. Ecuador, decided by the Inter-American Court of Human Rights in 2012. The Court voided Ecuador's concession to oil producers who had planned widespread oil exploration on indigenous land without consulting the affected indigenous people. The Court recognised that large-scale development projects that significantly impact the ability of indigenous people to maintain their subsistence living, environmental sustainability, and culture require the free, prior, and informed consent of the indigenous communities involved.
International law also provides remedies for violations of indigenous peoples' rights, including when their lands and resources are contaminated by harmful substances produced by development projects. Additionally, the protection of indigenous peoples' rights is linked to the protection of the global environment, as their cultural preservation and resource protection contribute to environmental conservation.
Overall, international law provides support and avenues for relief for indigenous peoples seeking to protect their right to self-determination and safeguard their communities and ways of life.
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Indigenous peoples' right to free, prior, and informed consent
International law guarantees rights to indigenous peoples regarding traditional lands, knowledge, cultural preservation, and human security. The rights of indigenous peoples under international law have been the result of activity over the last few decades, substantially driven by indigenous peoples themselves.
The First International Decade of the World's Indigenous People (1995-2004) was proclaimed by the General Assembly in its resolution 48/163 of 21 December 1993. The United Nations designated 1993 as "The International Year of the World's Indigenous People", followed by the proclamation of an "International Decade" on the same theme. This heightened concern has led to a reformulated understanding of the contours of general human rights principles and their implications for indigenous peoples, resulting in a new body of international law concerning indigenous peoples.
Indigenous peoples have ceased to be mere objects of the discussion of their rights and have become real participants in an extensive multilateral dialogue that has also engaged states, NGOs, and independent experts. International law provides rules and arenas to further the interests of indigenous peoples. There are declarations passed by the United Nations, which, while not binding on states, often receive such widespread support that their principles are deemed part of customary international law.
The right to free, prior, and informed consent (FPIC) is a critical component of protecting the rights of indigenous peoples to self-determination, participation, and decision-making. FPIC implies that indigenous peoples are free from coercion, intimidation, or manipulation and that their consent is obtained in advance of any activity associated with the decision being made. It also ensures that indigenous peoples have been provided with all relevant information that is objective, accurate, and presented in a understandable manner.
The UN Expert Mechanism on the Rights of Indigenous Peoples advises on the proper implementation of FPIC, emphasizing the need for genuine consultation and participation by indigenous peoples in the decision-making process. This right to participate in decision-making is further supported by Article 19, which states that "States shall consult and cooperate in good faith with the Indigenous Peoples concerned through their own representative institutions in order to obtain their free, prior and informed consent before adopting and implementing legislative or administrative measures that may affect them."
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Indigenous peoples' right to protection from expropriation of property
International law provides support and relief for violations of indigenous peoples' rights. There is a growing body of international law that specifically concerns indigenous peoples, and it is the result of decades of work and advocacy by indigenous peoples themselves.
Indigenous peoples have become active participants in multilateral dialogues, engaging with states, NGOs, and independent experts. This has led to a reformulated understanding of general human rights principles and their implications for indigenous peoples.
International law guarantees indigenous peoples' rights to traditional lands, knowledge, cultural preservation, and human security. The Inter-American Court of Human Rights, for example, voided Ecuador's concession to oil producers who planned to explore indigenous land without consulting the people. This case, Sarayaku v. Ecuador, set a precedent for the requirement of free, prior, and informed consent for large-scale investments or development projects that significantly impact indigenous peoples' subsistence living, environmental sustainability, and culture.
The right to property is not absolute and may be restricted by the state under specific circumstances. However, the expropriation of property from indigenous peoples without due process and protection is a violation of their rights. The right to self-determination further ensures the protection of indigenous peoples' rights.
While international law provides a framework for the protection of indigenous peoples' rights, there are challenges in ensuring its effective implementation and enforcement. Despite legal recognition, indigenous peoples' rights to self-determination, land, resources, and consent are often violated by states. This results in irreparable harm, including the pillaging of resources, loss of cultures and languages, and the killing of indigenous leaders.
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Indigenous peoples' right to protection of their culture and resources
Indigenous peoples' rights are human rights. The rights of indigenous peoples to protection of their culture and resources are guaranteed by international law.
Indigenous peoples have unique ties to their territories and the surrounding natural resources. They have distinct social, economic, and political systems, as well as distinct languages, cultures, and beliefs. They have a right to self-determination, which is a binding right in international law. This right allows them to freely determine their political status and pursue their economic, social, and cultural development.
International law provides rules and avenues for indigenous peoples to seek relief from violations of their rights. For example, under international law, states cannot relocate indigenous peoples without their free, prior, and informed consent and without offering them adequate compensation. Additionally, the right to enjoy their culture is guaranteed by Article 27 of the Covenant on Civil and Political Rights, signed by Guatemala and most UN members, including the USA and Canada. This article also protects indigenous peoples' property and economic interests.
Despite these protections, the rights of indigenous peoples are often denied and violated. Their lands, which are home to a significant portion of the world's intact forests and natural resources, are frequently appropriated, sold, leased, or plundered and polluted by governments and private companies. Indigenous peoples are also politically and socially marginalized, and their right to choose their own governments or political systems is often denied.
To address these issues, there has been increased international attention and cooperation to secure the rights of indigenous peoples. The United Nations designated 1993 as "The International Year of the World's Indigenous People", and there have been efforts to include indigenous peoples in multilateral dialogues and international conferences. Declarations passed by the United Nations, such as the UN Declaration on the Rights of Indigenous Peoples, while not legally binding, have received widespread support and are considered part of customary international law.
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Frequently asked questions
Indigenous Peoples have the right to the lands, territories, and resources which they have traditionally owned, occupied, or used. They have the right to own, use, develop, and control these. Indigenous Peoples also have the right to practice and revitalise their cultural traditions and customs, as well as spiritual and religious traditions. Additionally, they have the right to self-determination.
The UN Declaration on the Rights of Indigenous Peoples, which includes the ILO Convention No. 169 of 1989, protects Indigenous Peoples. The Inter-American Court of Human Rights in Sarayaku v. Ecuador also set a precedent for the protection of Indigenous Peoples' rights.
Under international law, states cannot relocate Indigenous Peoples without their free, prior, and informed consent (FPIC) and without offering adequate compensation. States must also consult with Indigenous Peoples through their representative institutions to obtain FPIC prior to the approval of any project affecting their lands, territories, or resources.
