Indigenous Peoples Notes
1. Nature of the Law and Indigenous Peoples
Issues Responses to the issues Effectiveness
- Limited decision-making/self-determination - Parliament/legislation - Meeting Needs
- Land - Courts/tribunals - Responsiveness
- Discrimination - The Nation State - Protection of rights
- Culture - NGO’s - Access
- Natural resources - Media - Enforcement
- Intellectual property - IGO’s - Resource efficienc
1.1 Definition of “Indigenous Peoples”
- UN doesn’t have an official definition of “Indigenous” people due to the diversity shown worldwide
There is a list to identify Indigenous groups:
● Self-identification at an individual level and acceptance by the community
● Historical continuity with pre-colonial and/or pre-settler societies
● Strong link to territories
1.2 Loss of rights of Indigenous peoples over time
Loss of rights includes:
- Right to education
- Right to culture - traditions/practices
- Right to land - environment- natural resources - traditions - food
- Right to self-determination
1.3 Legal Recognition of Indigenous Peoples
- International Labour Organization (ILO) Convention 169 - 1989
- UN Permanent Forum on Indigenous Issues (UNPFII) 2000
- Special Rapporteur on the Rights of Indigenous Peoples (2001)
- UNDRIP (UN Declaration of the Recognition of Indigenous Peoples) 2007
, 2. Responses to Indigenous Peoples
2.1 The role of: 2.1.2 UN
UNDRIP - UN UNPFII - UN Permanent Forum on IPs: Special Rapporteur:
Declaration on - Raise awareness and provide advice + recommendations - Founded in 2001 by UDHRC to
Recognition of IPs: - 16 experts (8 nominated by the Government → 3 years, 8 promote good practices in countrie
- Individual and nominated by Indigenous Peoples) + report violations to the GA
collective rights of - Meet yearly - 2023 dealt with the Application of UNDRIP to - Looks at violations of rights throug
IPs include rights IP’s Health + Land/Environment Health cases
to cultural and
ceremonial ILO 169: Expert Mechanism:
expression, - 21 nations have ratified ILO 169 - 7 experts on IPs who study the
identity, language, - Lack of signatories due to the inclusion of IP's right to protection of rights
employment, self-determination, arguing it undermines sovereignty - They are appointed by the Human
health and - Many Indigenous leaders consider ILO 169 significant Rights Council (HRC) → advisory
education. toward achieving IP’s rights, recognising self-determination
2.1.1, 2.1.3 - 2.1.7 The role of:
IGO’s - Multi-governmental policies to assist IP issues in each region
- Regional meetings and conferences to address issues and create best practice measures
- Governments can seek help from their IGO counterparts to assist in economic or cultural support
NGO’s - Raise awareness of issues through targeted campaigns, surveys, research papers etc
- IPs more receptive to NGOs as they’re more open to welcoming IP groups and listening to individual concern
- Provide humanitarian aid if governments fail to assist
Media - Report on issues of IP rights abuses
- Gather data and statistics to educate the broader community on issues involving IPs
- IP Media outlets can be created to encourage a sense of community and exposure (NITV)
Nation - legislation to legally protect IP rights
-State - Provide governmental assistance to IP groups to advance their rights and livelihoods
- Provide elements of self-determination where possible
Courts - Set precedent in cases that protect the rights of IPs
- Punish offenders and governments who actively dismantle IP rights
- Allow IPs to represent themselves and debate IP issues (Native Title)
1. Nature of the Law and Indigenous Peoples
Issues Responses to the issues Effectiveness
- Limited decision-making/self-determination - Parliament/legislation - Meeting Needs
- Land - Courts/tribunals - Responsiveness
- Discrimination - The Nation State - Protection of rights
- Culture - NGO’s - Access
- Natural resources - Media - Enforcement
- Intellectual property - IGO’s - Resource efficienc
1.1 Definition of “Indigenous Peoples”
- UN doesn’t have an official definition of “Indigenous” people due to the diversity shown worldwide
There is a list to identify Indigenous groups:
● Self-identification at an individual level and acceptance by the community
● Historical continuity with pre-colonial and/or pre-settler societies
● Strong link to territories
1.2 Loss of rights of Indigenous peoples over time
Loss of rights includes:
- Right to education
- Right to culture - traditions/practices
- Right to land - environment- natural resources - traditions - food
- Right to self-determination
1.3 Legal Recognition of Indigenous Peoples
- International Labour Organization (ILO) Convention 169 - 1989
- UN Permanent Forum on Indigenous Issues (UNPFII) 2000
- Special Rapporteur on the Rights of Indigenous Peoples (2001)
- UNDRIP (UN Declaration of the Recognition of Indigenous Peoples) 2007
, 2. Responses to Indigenous Peoples
2.1 The role of: 2.1.2 UN
UNDRIP - UN UNPFII - UN Permanent Forum on IPs: Special Rapporteur:
Declaration on - Raise awareness and provide advice + recommendations - Founded in 2001 by UDHRC to
Recognition of IPs: - 16 experts (8 nominated by the Government → 3 years, 8 promote good practices in countrie
- Individual and nominated by Indigenous Peoples) + report violations to the GA
collective rights of - Meet yearly - 2023 dealt with the Application of UNDRIP to - Looks at violations of rights throug
IPs include rights IP’s Health + Land/Environment Health cases
to cultural and
ceremonial ILO 169: Expert Mechanism:
expression, - 21 nations have ratified ILO 169 - 7 experts on IPs who study the
identity, language, - Lack of signatories due to the inclusion of IP's right to protection of rights
employment, self-determination, arguing it undermines sovereignty - They are appointed by the Human
health and - Many Indigenous leaders consider ILO 169 significant Rights Council (HRC) → advisory
education. toward achieving IP’s rights, recognising self-determination
2.1.1, 2.1.3 - 2.1.7 The role of:
IGO’s - Multi-governmental policies to assist IP issues in each region
- Regional meetings and conferences to address issues and create best practice measures
- Governments can seek help from their IGO counterparts to assist in economic or cultural support
NGO’s - Raise awareness of issues through targeted campaigns, surveys, research papers etc
- IPs more receptive to NGOs as they’re more open to welcoming IP groups and listening to individual concern
- Provide humanitarian aid if governments fail to assist
Media - Report on issues of IP rights abuses
- Gather data and statistics to educate the broader community on issues involving IPs
- IP Media outlets can be created to encourage a sense of community and exposure (NITV)
Nation - legislation to legally protect IP rights
-State - Provide governmental assistance to IP groups to advance their rights and livelihoods
- Provide elements of self-determination where possible
Courts - Set precedent in cases that protect the rights of IPs
- Punish offenders and governments who actively dismantle IP rights
- Allow IPs to represent themselves and debate IP issues (Native Title)
