Protecting Indigenous Rights: How International Laws Help Fight Inequality

Syllabus Topic

Option 4: Indigenous peoples

Responses to indigenous peoples

• international instruments

INTRODUCTION

The rights and recognition of Indigenous peoples have long been a global concern, with many Indigenous communities facing challenges related to self-determination, land rights, and cultural preservation. International instruments, such as declarations, conventions, and treaties, play a crucial role in advocating for and protecting these rights. Through various international instruments, efforts have been made to respond to ongoing issues of inequality and injustice. These frameworks provide a basis for legal recognition and protection of Indigenous communities, shaping the way nations like Australia address the needs and rights of Indigenous peoples in both domestic and international law

MARTINEZ COBO STUDY (1957)

• The Martínez Cobo Study, conducted by José R. Martínez Cobo, was a groundbreaking United Nations study on the challenges faced by Indigenous peoples worldwide.
• The study highlighted the systematic discrimination, marginalization, and human rights abuses experienced by Indigenous peoples, documenting the historical and contemporary impact of colonization.
• It introduced the modern concept of Indigenous identity, defining Indigenous peoples as those who maintain a connection to pre-colonial societies, cultures, and lands.
• The study emphasized the importance of recognizing Indigenous peoples' right to self-determination and called for their inclusion in the global human rights discourse.
• The findings of the Martínez Cobo Study helped shape international standards, including the eventual drafting of UNDRIP, by pushing for better recognition and protection of Indigenous rights.
• It underscored the need for governments to adopt policies that respect the distinct cultures, traditions, and languages of Indigenous peoples, advocating for their survival and well-being.

ICCPR AND ICESCR

• Self-determination is a key principle that empowers Indigenous peoples to freely determine their political status and pursue their economic, social, and cultural development, and it is supported by certain international instruments like the ICCPR, and ICESCR.

• Article 1 of the International Covenant on Civil and Political Rights (ICCPR) and the International Covenant on Economic, Social and Cultural Rights (ICESCR) both guarantee the right of all peoples to self-determination, including the right to freely determine their political status and pursue their development.

UNDRIP

• Article 3 of the United Nations Declaration on the Rights of Indigenous Peoples (UNDRIP) explicitly recognizes the right of Indigenous peoples to self-determination, affirming their right to autonomy in their internal and local affairs.

• UNDRIP, which was adopted in 2007, was affirmed by the vast majority of states, with only four countries initially opposing it (Australia, Canada, New Zealand, and the United States). Since then, all four have reversed their positions, including Australia.

• It is regarded as the most comprehensive international instrument for the rights of Indigenous peoples, aiming to promote the recognition and protection of these rights globally.

• UNDRIP establishes a universal framework of minimum standards for the survival, dignity, and well-being of Indigenous peoples. It elaborates on existing human rights and fundamental freedoms in the specific context of Indigenous communities, as noted by the Australian Human Rights Commission.

ILO CONVENTIONS on Indigenous and Tribal Populations

• ILO Convention 107 placed a duty on governments to integrate Indigenous peoples within their countries, but this approach was rejected by Indigenous communities worldwide.

• ILO 107 also covered topics such as health, education, and land rights, but it was revised with the addition of convention 169 because of concerns that it perpetuated a philosophy of assimilation and paternalism. Convention 169 requires actions that resemble support for self-determination, though that phrase is not explicitly stated in the text, and it contains 37 articles that emphasize the rights of Indigenous peoples.

• These articles outline the socio-economic rights and liberties that Indigenous peoples should be afforded to address the historical prejudice and marginalization they have faced.

• The convention seeks to close the significant gaps in outcomes for Indigenous peoples that persist today in areas such as health, education, and economic opportunities.

• Australia has not ratified ILO Convention 169, despite its international significance in protecting Indigenous rights.

SOURCES

UN Department of Economic and Social Affairs Indigenous Peoples: Martinez Cobo Study

UN: UNDRIP

Australian Human Rights Commission: Self-determination and Indigenous peoples

UN Office of the High Commissioner: International Covenant on Civil and Political Rights

UN Office of the High Commissioner: International Covenant on Economic, Social and Cultural Rights

Australian Human Rights Commission: UN Declaration on the Rights of Indigenous Peoples

International Labour Organization: C107 - Indigenous and Tribal Populations Convention, 1957 (No. 107)

University of British Columbia: ILO Convention 107

International Labour Organization: International labour standards regarding indigenous and tribal peoples

International Labour Organization: C169 - Indigenous and Tribal Peoples Convention, 1989 (No. 169)