- What rights do indigenous communities have in international law?
- What is the UN Declaration on the Rights of Indigenous Peoples?
- ILO Convention 169
- What disadvantages can indigenous communities face?
- What can happen when the land of indigenous communities is exploited?
- Find out more about indigenous communities and their health
What rights do indigenous communities have in international law?
Indigenous communities have long struggled for recognition of their identities, their ways of life and their right to traditional lands and natural resources. Human rights legislation agreed at the United Nations provides an important basis for establishing the rights of indigenous communities. Two particular pieces of legislation are:
Article 25 of the Universal Declaration of Human Rights:
‘Everyone has the right to adequate health and well being of himself and his family, including food, clothing, housing medical care and necessary social services.’
Article 27 of the International Covenant on Civil and Political Rights:
‘In those states in which ethnic, religious or linguistic minorities exist, persons belonging to such minorities shall not be denied the right, in community with the other members of their group, to enjoy their own culture, to profess and practice their own religion, or to use their own language.’
What is the UN Declaration on the Rights of Indigenous Peoples?
The UN General Assembly approved the Declaration on the Rights of Indigenous Peoples by an overwhelming majority in 2007. This was a major step forward.
The declaration forms a comprehensive statement of the rights of indigenous communities, giving important and unprecedented prominence to collective rights. Among its clauses it gives rights to indigenous peoples:
- to ownership of their land
- to live as they wish
- to be free from discrimination
- not to be moved from their lands without their free and informed consent.
It was the culmination of over 20 years of debate and discussion. 143 nations voted in favour but Australia, New Zealand, Canada and the United States all voted against it.
UN declarations are generally not legally binding but the declaration establishes an important standard for the treatment of indigenous communities and provides a new tool for ending human rights violations.
ILO Convention 169
Unlike the UN Declaration on the Rights of Indigenous Peoples, Convention 169 is a legally binding international instrument open to ratification. It deals specifically with the rights of indigenous and tribal peoples and so far it has been ratified by 20 countries.
Once a country ratifies the Convention, it has one year to align legislation, policies and programmes to it before it becomes legally binding. Countries that have ratified it are subject to supervision with regards to its implementation.
The Convention does not attempt to define indigenous or tribal people but describes the people it aims to protect.
It’s basic principles are:
- Non-discrimination
- Special measures have to be taken to safeguard indigenous and tribal people
- Recognition of the unique cultures of indigenous and tribal peoples
- Consultation and participation – the Convention stipulates that indigenous and tribal peoples must be able to engage in free, prior and informed participation in policy and development processes that affect them.
- All indigenous and tribal peoples have the right to decide priorities for development
Find out more about ILO Convention 169, here.
What disadvantages can indigenous communities face?
Many indigenous communities were the victims of oppression or conflict in the past when outsiders sought to colonise their land – and many still face these challenges today.
Indigenous communities may experience systemic discrimination by national and regional governments, and are often excluded from political processes. Too often poverty, small numbers, ingrained prejudice and their remote location combine to weaken their political clout.
The encroachment of national or regional government and the arrival of commercial interests can also be highly disruptive. People may find that they have few or no legal rights, while the resulting economic and social change can mean traditional sources of authority and long-held values are undermined. Younger generations can feel torn between two worlds.
What can happen when the land of indigenous communities is exploited?
Indigenous communities can lose access to native traditional medicine and age-old livelihoods when private companies or government projects begin to operate on their land. Logging, mining, or the building of dams can make land uninhabitable, depriving communities of crops, plants and traditional medicines and polluting water sources.
Companies have also patented the traditional knowledge and local genetic resources of marginalised and indigenous communities, including their plants and medicines. Intellectual property rights have been claimed on plants, processes and knowledge developed by generations of traditional healers and farmers, often over centuries.
Find out more about indigenous communities and their health.
Last modified: 13/01/2011
