Indigenous Peoples’ Rights

ColumbiaX
Zeynep Büşra Göçerler
021701188
 CONTENTS
CONTENTS

Time-Line Right to Self-Determination Right to Land, Territories and Resources

1 2 3

Culturel Rights The Power of Advocacy Conclusion

4 5 6
Introduction
Indigenous peoples are one of the sources of the world’s cultural diversity, as they have thousands of different cultures
and languages.

Indigenous peoples face systemic discrimination: They have no political or economic power. The ignorant and the poor. Because health systems do
not develop, their life expectancy is short. The extractive industries of the Colonial States in particular deprived the indigenous peoples of their land,
depriving them of their basic livelihoods.

Unfortunately, there is no direct Universal official definition of Indigenous people, and as a result, there is no recognition
because there is no definition.

It is necessary for future generations of indigenous peoples to develop and progress, but they should be able to do so in
accordance with their cultural patterns, without breaking away from their ethnic identity in the land of their ancestors.

The concepts of minority people and Indigenous people are not the same in origin. They are a majority in their traditional
territory, regardless of whether they are a majority or a minority in some countries.
 Time-Line

1
We can divide the
indigenous people’s
movement into two periods
1.period 1945-1993 the beginning of the first international normative period on the
rights of Indigenous Peoples also anti-slavery and forced labor.
2. Period 1994-international monitoring and identification by modern programming
institutions international monitoring policy and programming institutions.
The morality of colonialism, along with the understanding of the state in
the movement of the emerging Indigenous Peoples, was greatly influenced
during the period of decolonization.

UN Declaration of the rights of Indigenous Peoples. Having a political

declaration meant embracing legal, moral and symbolic implications. Issues
in the preparation process of the declaration:

1.Self-determination, the right to

2.Right to lands, regions, resources, especially natural resources.
 Consultation, partnership and participation of indigenous peoples in democracy.
Indigenous peoples have the right to autonomy and self-government in matters related to their domestic and local affairs,
while exercising their right to self-determination.

What does Development mean in Indigenous Peoples?

UN Declaration on culture and identity development focused on two rights groups

1.Set of rights that fully define Indigenous 2.Cultural rights

Peoples:

- active participation
- self-determination of rights

Indigenous Peoples vis-a-vis:

The violence of colonists, the law of oppressors.
 Right to Self-Determination

2
Indigenous peoples have the
right to self-determination.
However, they can freely
determine their political status.
They continue their economic
,cultural and social development.
Different political, legal, economic,
social and cultural institutions
maintain their right to full participation.
 FALLACIES of RELEVANCE
The Appeal to Pity
(argument ad misericordiam)

This is a special but very common

A fallacy in which the argument relies
subcategory of the argument ad
on generosity, altruism, or mercy,
populum, in which the feelings
rather than reason.
appealed.

Also known as argument ad

misericordiam which literally means
“a pitying heart.”
The right to self-determination meant From the point of view of indigenous peoples
survival and prosperity for them, which is the and allies, the adoption of the UN Declaration
cornerstone of their existence as a people. It on the rights of indigenous peoples in 2007 was
was a way in which states tried not to recognize, a great success. The declaration had political,
dominate, assimilate and, over time, wipe out legal, moral and symbolic implications. This
indigenous peoples. was the boldest recognition of ethnicity since
the founding of the UN.
 Declaration
1.Acceptance of collective rights as human rights
2.Land rights as collective human rights
1.self-determination, the right to 3.People’s right to consent : free, pre-informed and
2.right to lands, territories and resources the importance of the right for the people to be
3.cultural rights able to self-determination in a manner that respects
their own system of governance.
4.Spiritual rights and spiritual relationship with the
land.

The morality of colonialism, along with the understanding of the state in the movement of the emerging Indigenous
Peoples, was greatly influenced during the period of decolonization.
UN Declaration of the rights of Indigenous Peoples. Having a political declaration meant embracing legal, moral
and symbolic implications. Issues in the preparation process of the declaration:
1.Self-determination, the right to
2.Right to lands, regions, resources, especially natural resources.
How is the right to self-determination reflected in the UN Declaration
on the rights of Indigenous Peoples?
What are the normative elements mentioned?

Consultation, partnership and participation of indigenous peoples in democracy. 4.according

to the article, Indigenous peoples have the right to autonomy and self-government in
matters related to their domestic and local affairs, while exercising their
right to self-determination.
 Right to Land, Territories and
Resources

3 The land does not belong to us

people, we belong to the land.
- land usurpation of indigenous lands

- cultivations of ethanol

- mass displacement of Indigenous Peoples

Collective rights are human rights
for Indigenous Peoples. Recognition
- conflict and loss of life
of indigenous peoples ‘ land rights is
a physically and spiritually primitive
- rape of women and girls
condition for their cultural survival,
but their land is vulnerable to external
- loss of cultural and spiritual foundation
factors due to economic and political
pressures.
- threat of physical and cultural extinction

- impoverishment and further marginalization

- general deterioration of their health

 Protection of Property
Democratic states protect land and land How did indigenous peoples and the
distribution by law. But indigenous peoples international environment/climate
were deprived of it. The legal violence of change impact? What does this have to
colonialism. do with land rights?
UN conference on Environment and
development in Rio.
Interdependence/complementarity/
sustainability of human rights.

Ironically, environmental activism.

Culturel Rights

4 Indigenous
a
on
busy
nature,
peoples
lifestyle
so
have
dependent
they
vulnerable to climate change.
are
 Colonial powers sought to exploit indigenous peoples
not only physically but also by suppressing their
systems of cultural assimilation and governance.

Cultural rights in international law: the right to

be separated from any discrimination related to
indigenous origin and identity.
- The importance of language for identity
Why is traditional knowledge a human rights issue?
- Recognition of Indigenous Peoples following What are the efforts to create international norms for
the indigenous protocol the protection of traditional knowledge?

- Traditional costumes, contemporary cultural Indigenous heritage and traditional knowledge are
expressions, other aspects of their traditions not frozen in the past. States and the private sector
have large commercial and economic interests in
traditional knowledge. There are cultural products and
creative activities to deal with traditional knowledge
issues from a normative and commercial point of view,
dedicated to cultural diversity. Protection of traditional
information for Indigenous Peoples is a human rights
issue.
Why does the experience of Indigenous
Women Matter?

What is the role of education in promoting respect for the rights of In-
digenous Peoples?
UN Indigenous Peoples-Related
Mechanism: The Power of
Advocacy

5 Importance
to
Permanent
of
Indigenous
UNPFIInin
Peoples

Understanding the role and

interface
observers
in the
of
forum.

permanent
participating
Permanent Forum
 UN Permanent Forum on Domestic Issues
Economic and social development
Culture and environment
Education, health
Human rights
- To raise awareness and promote
integration The Permanent forum is a UN
- Ensuring coordination of activities Committee. The UN is a state
- To provide the council with expert organization.
advice and advice on domestic issues The Permanent forum carries the
(Un) voice of indigenous peoples as
- Prepare and disseminate information international policy is formed.
on Indigenous issues

It provides state-domestic dialogue. Mediation can take place in the UN

Environment. There is dynamism in the Permanent Forum.
The session of the Permanent Forum is not only an event, but a catalyst
and enhancer in ongoing national and international processes.
 UN Special Rapporteur
It’s there to monitor human rights. Human rights have three main func-
tions:
1.Setting standards in human rights The function of monitoring human rights was given to
2.Monitoring of human rights the UN by states. This can be done with a continuous
3.Technical cooperation at the national level for the flow of information
acquisition of human rights - between civil society and Human Rights
Setting the international human rights standard in the decisionreferences
case of the rights of Indigenous Peoples has so far - between states and Human Rights decommissioned
been successful. bodies
-through the public reports of these bodies
 Therefore, the state must comply with international human rights agreements and declarations
under constant supervision. States must monitor their human rights obligations:

Respect, protect, fulfill, correct human rights.

The Special Rapporteur promotes good practice, including new laws and
government programs. It decries alleged violations of indigenous peoples in
selected countries with specific cases, with reports on general human rights
situations to enforce international standards on the rights of Indigenous Peoples
among Indigenous peoples and states. Conducts or contributes to certain studies
through communication with governments and others. It strives to pursue issues
of special importance and the protection of the rights of Indigenous Peoples.
Conclusion

6
Indigenous Peoples resist
colonization. Indigenous peoples
want to live freely on their own
land/enforce their own religion and
their own laws. The management
systems of indigenous
peoples are still systematically
undermined by many states.
 The UN Declaration of the rights of After the Second World War, new opportunities
Indigenous Peoples is a living document. were opened for Indigenous peoples to develop
strategies at the international level and to carry
When indigenous peoples are good, we’re problems to the international point. The global
all good. We all have a lot to learn from the indigenous peoples movement, mostly through
philosophies of Indigenous Peoples, their the UN, also initiated an overhaul (human
resilience, their resilience. rights in international institutions, environment,
development..)

Local struggles of Indigenous Peoples

for survival prosperity and sustainability
also continue.
Thank You