Indigenous rights

{{Short description|Legal, social, or ethical principles pertaining to indigenous peoples}} {{Indigenous rights}}{{rights}} {{confused|Native American civil rights}} {{United Nations series}} '''Indigenous rights''' are those rights that exist in recognition of the specific condition of indigenous peoples. This includes not only the most basic human rights of physical survival and integrity, but also the rights over their land (including native title), language, religion, and other elements of cultural heritage that are a part of their existence and identity as a people. This can be used as an expression for advocacy of social organizations, or form a part of the national law in establishing the relation between a government and the right of self-determination among its indigenous people, or in international law as a protection against violation of indigenous rights by actions of governments or groups of private interests.

== Definition and historical background == Indigenous rights belong to those who, being indigenous peoples, are defined by being the original people of a land that has been conquered and colonized by outsiders.<ref name="Lindholt 6666">{{cite book |title=Human Rights in Development Yearbook 2003: Human Rights and Local/living Law |last=Lindholt |first=Lone |publisher=Martinus Nijhoff Publishers |year=2005 |isbn=90-04-13876-5}}</ref><ref name="Gray 2003">{{cite book |title=Indigenous Rights and Development: Self-Determination in an Amazonian Community |last=Gray |first=Andrew | author-link = Andrew Gray (anthropologist)|publisher=Berghahn Books |year=2003 |isbn=1-57181-837-5}}</ref><ref name="Keal 2003">{{cite book |title=European Conquest and the Rights of Indigenous Peoples: The Moral Backwardness of International Society |last=Keal |first=Paul |publisher=Cambridge University Press |year=2003 |isbn=0-521-82471-0}}</ref><ref name=Lawandanthropology>{{cite book|title="Indigenous Peoples, Constitutional States And Treaties Of Other Constructive Arrangements Between Indigenous Peoples And States" |last=Kuppe |first=Rene |publisher=Brill Academic Publishers |year=2005 |isbn=90-04-14244-4}}</ref>

Exactly who is a part of the indigenous peoples is disputed, but can broadly be understood in relation to colonialism. The phrase "indigenous peoples" refers to those pre-colonial societies that face a specific threat from this phenomenon of occupation, and the relation that these societies have with the colonial powers. The exact definition of who are the indigenous people, and the consequent state of rights-holders, varies. Being too inclusive is often considered as bad as being non-inclusive.<ref name=Lawandanthropology/><ref name="culturalsurvival.org">{{cite web|url=http://www.culturalsurvival.org/ourpublications/voices/article/recognizing-indigenous-peoples-human-rights |title=Recognizing Indigenous Peoples' Human Rights |work=Cultural Survival |access-date=20 April 2016|url-status=dead|archive-url=https://web.archive.org/web/20120111014153/http://www.culturalsurvival.org/ourpublications/voices/article/recognizing-indigenous-peoples-human-rights|archive-date=11 January 2012}}</ref>

In the context of modern indigenous people of European colonial powers,{{what|date=July 2020|reason=Renaissance is not modern era?}} the recognition of indigenous rights can be traced to at least the period of Renaissance. Along with the justification of colonialism with a higher purpose for both the colonists and colonized, some voices expressed concern over the way indigenous peoples were treated and the effect it had on their societies.<ref>{{cite book |title=Indigenous Peoples in International Law |last=Anaya |first=S. James | author-link = James Anaya |publisher=Oxford University Press |year=2004 |isbn=0-19-517350-3}}</ref> In the Spanish Empire, the crown established the General Indian Court in Mexico and in Peru, with jurisdiction over cases involving the indigenous and aimed at protecting Indians from ill-treatment. Indians' access to the court was enabled by a small tax which paid for legal aides.<ref>Woodrow Borah, ''The General Indian Court of Mexico and the Legal Aides of the Half-Real''. Berkeley and Los Angeles: University of California Press 1983.</ref><ref>Woodrow Borah, "Juzgado General de Indios del Perú o juzgado particular de indios de El Cercado de Lima." ''Revista chilena de historia del derecho'', no. 6 (1970): 129-142.</ref>

The issue of indigenous rights is also associated with other levels of human struggle. Due to the close relationship between indigenous peoples' cultural and economic situations and their environmental settings, indigenous rights issues are linked with concerns over environmental change and sustainable development.<ref>{{cite web|url=http://www.ciesin.columbia.edu/TG/PI/RIGHTS/indig.html|title=Rights of Indigenous Peoples|access-date=20 April 2016|url-status=live|archive-url=https://web.archive.org/web/20150923203406/http://www.ciesin.columbia.edu/TG/PI/RIGHTS/indig.html|archive-date=23 September 2015}}</ref><ref>{{cite web|url=http://www.wcl.american.edu/hrbrief/v2i3/suagee23.htm|title=Indigenous Rights and Responsibilities for the Natural World|access-date=20 April 2016|url-status=dead|archive-url=https://web.archive.org/web/20151125213107/https://www.wcl.american.edu/hrbrief/v2i3/suagee23.htm|archive-date=25 November 2015}}</ref><ref>{{cite web|url=http://www.law.uoregon.edu/org/jell/docs/211/OEL105.pdf|title=University of Oregon School of Law|access-date=20 April 2016|url-status=dead|archive-url=https://web.archive.org/web/20160303183105/https://law.uoregon.edu/org/jell/docs/211/OEL105.pdf|archive-date=3 March 2016}}</ref> According to scientists and organizations like the Rainforest Foundation, the struggle for indigenous peoples is essential for solving the problem of reducing carbon emission, and approaching the threat on both cultural and biological diversity in general.<ref>{{cite web|url=http://www.treehugger.com/files/2008/10/indigenous-rights-reduced-emissions-deforestation.php|title=Indigenous Rights Crucial To Reducing Carbon Emissions from Deforestation|work=TreeHugger|access-date=20 April 2016|url-status=live|archive-url=https://web.archive.org/web/20110820193616/http://www.treehugger.com/files/2008/10/indigenous-rights-reduced-emissions-deforestation.php|archive-date=20 August 2011}}</ref><ref>{{cite book |title=Conservation through cultural survival: indigenous peoples and protected areas |last=Stevens |first=Stanley |publisher=Island Press |year=1997 |isbn=1-55963-449-9}}</ref><ref name=SOWIP>United Nations, [https://web.archive.org/web/20100215113446/http://www.un.org/esa/socdev/unpfii/documents/SOWIP_web.pdf State of The World's Indigenous Peoples] {{webarchive |url=https://web.archive.org/web/20100215113446/http://www.un.org/esa/socdev/unpfii/documents/SOWIP_web.pdf |date=February 15, 2010 }} – UNPFII report, First Issue, 2009</ref>

== International Legal Framework == The rights of Indigenous peoples are recognized under various international legal instruments that provide both normative guidance and, in some cases, binding obligations.

=== United Nations Declaration on the Rights of Indigenous Peoples (UNDRIP) === Adopted by the United Nations General Assembly on 13 September 2007, the UNDRIP is a key reference point in the global protection of Indigenous rights.<ref name=":0">{{Cite web |title=United Nations Declaration on the Rights of Indigenous Peoples General Assembly resolution 61/295 |url=https://legal.un.org/avl/ha/ga_61-295/ga_61-295.html?utm_ |access-date=2025-11-20 |website=legal.un.org}}</ref> Though the Declaration is not legally binding, it represents a widely accepted standard of minimum rights and obligations, emphasizing both individual and collective rights.<ref>{{Cite web |title=The UN Declaration on the Rights of Indigenous Peoples - IWGIA - International Work Group for Indigenous Affairs |url=https://iwgia.org/en/news/357-un-declaration-indigenous-peoples-rights.html?utm_ |access-date=2025-11-20 |website=iwgia.org}}</ref> Key provisions include:

* Rights over lands, territories, and resources traditionally owned or used by Indigenous peoples (Articles 25–26).<ref name=":0" /> * The right to self-determination (Article 3), allowing Indigenous communities to freely pursue their economic, social, and cultural development.<ref name=":0" /> * Remedies for violations, including restitution and compensation (Article 28).<ref name=":1">{{Cite web |title=United Nations Declaration on the Rights of Indigenous Peoples - Human rights at your fingertips - Human rights at your fingertips {{!}} Australian Human Rights Commission |url=https://humanrights.gov.au/resource-hub/guides-for-impacted-individuals/guides-on-rights-and-freedoms/rights-and-freedoms/united-nations-declaration-rights-indigenous-peoples-human-rights-your-fingertips?utm_source |access-date=2025-11-20 |website=humanrights.gov.au}}</ref> * The guarantee of free, prior and informed consent (FPIC) before states adopt measures that affect their lands or rights (Article 19).<ref name=":1" /> * Cultural rights, including the preservation of language, traditions, and institutions (Articles 11–14).<ref name=":1" />

=== Representation === The rights, claims and even identity of indigenous peoples are apprehended, acknowledged and observed quite differently from government to government. Various organizations exist with charters to in one way or another promote (or at least acknowledge) indigenous aspirations, and indigenous societies have often banded together to form bodies which jointly seek to further their communal interests.

=== International organizations ===  There are several non-governmental civil society movements, networks, indigenous and non-indigenous organizations whose founding mission is to protect indigenous rights, including land rights.<ref name=earthpeoples>[http://earthpeoples.org/missionstatement/missionenglish.html/About Earth Peoples]{{dead link|date=April 2017 |bot=InternetArchiveBot |fix-attempted=yes }}</ref> These organizations, networks and groups underline that the problems that indigenous peoples are facing is the lack of recognition that they are entitled to live the way they choose, and lack of the right to their lands and territories. Their mission is to protect the rights of indigenous peoples without states imposing their ideas of "development".<ref name=survivalinternational>{{cite web|url=http://www.survival-international.org/info|title=About us|author=Survival International|access-date=20 April 2016|url-status=live|archive-url=https://web.archive.org/web/20090917124100/http://www.survival-international.org/info|archive-date=17 September 2009}}</ref> These groups say that each indigenous culture is differentiated, rich of religious believe systems, way of life, sustenance and arts, and that the root of problem would be the interference with their way of living by state's disrespect to their rights, as well as the invasion of traditional lands by multinational corporations and small businesses for exploitation of natural resources.<ref name="International Indian Treaty Council">{{cite web|url=http://www.treatycouncil.org//info|title=International Indian Treaty Council|work=iitc.org|access-date=20 April 2016}}</ref>

===United Nations Mechanism===

Under UNDRIP, states are urged to cooperate with Indigenous peoples and consult in good faith to ensure their participation in decisions affecting them. The United Nations Permanent Forum on Indigenous Issues (UNPFII) and other mechanisms support implementation, monitoring, and advocacy.

Indigenous peoples and their interests are represented in the United Nations primarily through the mechanisms of the Working Group on Indigenous Populations. In April 2000 the United Nations Commission on Human Rights adopted a resolution to establish the United Nations Permanent Forum on Indigenous Issues (PFII) as an advisory body to the Economic and Social Council with a mandate to review indigenous issues.

In late December 2004, the United Nations General Assembly proclaimed 2005–2014 to be the ''Second International Decade of the World's Indigenous People''. The main goal of the new decade will be to strengthen international cooperation around resolving the problems faced by indigenous peoples in areas such as culture, education, health, human rights, the environment, and social and economic development.

In September 2007, after a process of preparations, discussions and negotiations stretching back to 1982, the General Assembly adopted the Declaration on the Rights of Indigenous Peoples. The non-binding declaration outlines the individual and collective rights of indigenous peoples, as well as their rights to identity, culture, language, employment, health, education and other issues. Four nations with significant indigenous populations voted against the declaration: the United States, Canada, New Zealand and Australia. All four have since then changed their vote in favour. Eleven nations abstained: Azerbaijan, Bangladesh, Bhutan, Burundi, Colombia, Georgia, Kenya, Nigeria, Russia, Samoa and Ukraine. Thirty-four nations did not vote, while the remaining 143 nations voted for it.

===ILO Convention No. 169=== {{main|ILO 169}}

ILO 169 is a convention of the International Labour Organization. Once ratified by a state, it is meant to work as a law protecting tribal people's rights. There are twenty-two physical survival and integrity, but also the preservation of their land, language and religion rights. The ILO represents indigenous rights as they are the organisation that enforced instruments the deal with indigenous rights exclusively.<ref>{{Cite web|url=http://www.ilo.org/global/topics/equality-and-discrimination/indigenous-and-tribal-peoples/lang--en/index.htm|title=Indigenous and tribal peoples|website=www.ilo.org|language=en|access-date=2016-05-17|url-status=live|archive-url=https://web.archive.org/web/20160508035237/http://www.ilo.org/global/topics/equality-and-discrimination/indigenous-and-tribal-peoples/lang--en/index.htm|archive-date=2016-05-08}}</ref>

===Organization of American States=== Since 1997, the nations of the Organization of American States have been discussing draft versions of a proposed American Declaration on the Rights of Indigenous Peoples.<ref>Website of the [http://www.cidh.oas.org/indigenas/chap.2g.htm Proposed American Declaration on the Rights of Indigenous Peoples] {{webarchive|url=https://web.archive.org/web/20130525222059/http://www.cidh.oas.org/indigenas/chap.2g.htm |date=2013-05-25 }}</ref> "The draft declaration is currently one of the most important processes underway with regard to indigenous rights in the Americas"<ref>{{Cite web|url=http://www.iwgia.org/human-rights/regional-bodies-and-mechanisms/organisation-of-american-states|title=Organisation of American States|last=Hansen|first=Jens Søgaard|website=www.iwgia.org|access-date=2016-05-17|url-status=live|archive-url=https://web.archive.org/web/20160604093032/http://www.iwgia.org/human-rights/regional-bodies-and-mechanisms/organisation-of-american-states|archive-date=2016-06-04}}</ref> as mentioned by the International Work Group for Indigenous Affairs. In 2016, the declaration was adopted by 35 member states by consensus while USA and Canada expressed general reservations.<ref>{{Cite web |date=2021-10-28 |title=Organization of American States Adopts Declaration on the Rights of Indigenous Peoples |url=https://www.culturalsurvival.org/publications/cultural-survival-quarterly/organization-american-states-adopts-declaration-rights |access-date=2023-10-25 |website=www.culturalsurvival.org |language=en}}</ref>

===By country=== ====Australia==== {{see also|Indigenous land rights in Australia|Native title in Australia|1967 Australian referendum (Aboriginals)|Uluru Statement from the Heart|Maori voting rights in Australia}}

====Bolivia==== {{excerpt|Human rights in Bolivia|Indigenous rights}} ====Canada==== {{See also|Indigenous land claims in Canada}} In Canada "Aboriginal rights" ({{langx|fr|droits ancestraux}}) are those rights that the Indigenous peoples in Canada enjoy as a result of their ancestors' long occupancy of the land, for example the right to hunt and fish a particular territory.<ref>{{cite web|url=https://www.aadnc-aandc.gc.ca/eng/1100100028605/1100100028606|title=Aboriginal Rights|first=Government of Canada; Indigenous and Northern Affairs Canada; Communications|last=Branch|website=www.aadnc-aandc.gc.ca|access-date=4 May 2018|url-status=live|archive-url=https://web.archive.org/web/20180417130624/http://www.aadnc-aandc.gc.ca/eng/1100100028605/1100100028606|archive-date=17 April 2018}}</ref> These are distinct from "treaty rights" which are enumerated in specific agreements between Indigenous groups and the state. Both treaty rights and Aboriginal rights are protected by Section 35 of the Canadian constitution of 1982.

====Denmark==== {{See also|1979 Greenlandic home rule referendum|2008 Greenlandic self-government referendum}}

The indigenous people of Greenland gained home rule in 1979 and extended to self-government in 2009. ====Finland==== {{excerpt|Human rights in Finland|Indigenous rights}}

==== New Zealand ====

{{see also|Treaty Principles Bill|Treaty of Waitangi|Waitangi Tribunal}}

The country is also known as Aotearoa/New Zealand.

==== United States ==== {{See also|Native American civil rights}}

==Secession== Indigenous peoples have a mere "remedial" right to secession in international law, irrespective of their right of self-determination and self-government,<ref name="Shrinkhal 2021 pp. 71–82">{{cite journal | last=Shrinkhal | first=Rashwet | title="Indigenous sovereignty" and right to self-determination in international law: a critical appraisal | journal=AlterNative: An International Journal of Indigenous Peoples | publisher=SAGE Publications | volume=17 | issue=1 | year=2021 | issn=1177-1801 | doi=10.1177/1177180121994681 | pages=71–82| s2cid=232264306 | doi-access=free }}</ref> leaving the existence of rights of secession to internal laws of sovereign states, and independence to the capacities of states.

== References == {{reflist|30em}}

==External links== {{Library resources box|by=no|onlinebooks=no|about=yes|wikititle=Indigenous rights}} *[http://www1.umn.edu/humanrts/edumat/studyguides/indigenous.html The Rights of Indigenous Peoples: Study Guide] – University of Minnesota *[http://intelligent-internet.info/law/ipr2.html Researching Indigenous People's Rights Under International Law] – Steven C. Perkins *[https://web.archive.org/web/20110309050125/http://www-personal.arts.usyd.edu.au/duncan.ivison/indigenousrights.pdf Indigenous Rights] – International Encyclopedia of the Social Sciences, 2nd Edition *[https://www.un.org/development/desa/indigenouspeoples/declaration-on-the-rights-of-indigenous-peoples.html United Nations Declaration on the Rights of Indigenous Peoples] *[https://web.archive.org/all/20111031202527/http://www.ilo.org/ilolex/cgi-lex/convde.pl?C169 ILO Convention 169 (full text)] - Current international law on Indigenous peoples *[https://web.archive.org/web/20100215113446/http://www.un.org/esa/socdev/unpfii/documents/SOWIP_web.pdf State of The World's Indigenous Peoples] – UN report, First Issue, 2009 *[https://www.scribd.com/doc/39884822/Norman-Lewis-article-which-led-to-the-founding-of-Survival-International Genocide] Lewis, Norman, February 1969 - Article that led to the foundation of several prominent Indigenous rights organizations * [https://rightsandresources.org/wp-content/uploads/2017/02/Prisma_Conservation-and-Community-Rights_Lessons-from-Mesoamerica_December-2016.pdf Conservation and Community Rights: Lessons from Mesoamerica]

{{DEFAULTSORT:Indigenous Rights}} Category:Indigenous rights Category:Indigenous politics Category:History of social movements