It is evident that, the nature of the self-determination framework as outlined in the United Nations Declaration on the Rights of Indigenous People is such that it helped in advancing the rights of the indigenous people to the large extent. It is noteworthy to mention here that, subject to the nature of the discrimination, oppression colonization and assimilation of the indigenous people all over the world, the sustainable development towards their well being remained unidentified for ages. It is worth mentioning that in spite of several attempts made by the United Nations Declaration on the Rights of Indigenous Peoples, the struggle to preserve the culture of the indigenous people has not been identified. In his regard, modern scholars emphasized that in order to address the rights of the indigenous people in regard to the United Nations Declaration on the Rights of Indigenous Peoples; it is important to identify and preserve their natural environment and in such process exemplify the nature of the power depicted in the global movement of the Indigenous people. In the evidences provided by early researchers it can be observed that power was mobilized by the powerful international social movements for the purpose of addressing the violations of their rights. As a result of this, these indigenous people brought their complaint and cases to the United Nations (UN). Long before it has been observed that, Jose Martinez Cobo has been appointed and thereby he researched on the patterns of the Indigenous People all around the globe. In such process, he prompted the Economic and Social Council for the purpose of establishing a Working Group on the Indigenous Population in order to develop a declaration on indigenous people. It has been emphasized by modern authors that after years of negotiation, the Declaration has been successful in highlighting the diplomatic skills and the nature of the activism of the indigenous people of the world. It is noteworthy to mention here that, the nature of the Declaration is such that the vibrant and global movement has proved to be beneficial in reshaping the definitions and conceptualizations of the human rights, development and the cultural environment. According to the perspective of modern autocrats, these indigenous people are already entitled to the human rights as depicted under the purview of international law. In this context, mention can be made about their goals and visions along with the articulations that how these rights can be addressed as they are distinct from those of the dominant society. The nature of the Declaration is such that it affirmed the culturally distinct and the self-determining character of the indigenous groups. In this regard, the unique challenges faced by them have been emphasized in relation to the current challenges faced by them.
In this regard the nature of the declaration is such that has been collaborating on the existing standards of Human Rights which has proved to be beneficial in addressing the challenges faced by individuals collectively and also in regard to the situations and experiences faced by the indigenous people. In the existence of various International instruments, the Declaration has been considered as the most comprehensive and the advance form of an instrument that has dealt with the rights and sandals of the indigenous people to the large extent. It is worthwhile to refer here that under the purview of international law indigenous people play a significant role in the process of negotiations made on their rights. Furthermore various indigenous people, NGOs and other state actors had the opportunity to activate the rights in regard to the Declaration however; the emphasis was made to its vision and potential. So far various promises have been made by the declaration however it only achieved reviewed International fulfillment. Various evidences for in relation to the findings of the human welfare mechanism advocacy company from human rights and Indigenous communities and various other media today headlines media headline by demonstrating upon the nature of systematic discrimination and marginalization which has been so for experienced by the indigenous communities all over the world. It is noteworthy to mention here that various challenges have been faced by the indigenous people all over the globe however the nature of the movement is such that it cannot be ignored. From the very beginning the declaration has been standing as a victory and as a statement of power to the existing indigenous communities who have been struggling to build equitable and sustainable world of their own.
It can be observed that the declaration do not in any way defines the term indigenous people as depicted in the conceptual framework. However, the provisions of article 33 of the declaration have been referring to the rights of the indigenous people to the large extent. In this regards their identities has been defined and determined at the same time in accordance with their culture traditions and various underlying procedures belonging to the indigenous communities. In regards to the common International Law there is no single definition in regards to the indigenous people that would prove to be beneficial in defining the realisation of the rights of the indigenous communities. On the other hands there are several descriptive and underline factors which has been commonly applied in order to indicate the condition of the indigenous people. In order to indicate the condition of the indigenous people, these common factors may include some or many however the communities are such that they identify themselves as indigenous people have expect accepted principles as a community or as a whole. These indigenous people had long historical continuity or Association within a given region or part of a region. It can be observed from the evidences provided by early researchers that these indigenous communities has developed strong links to territories and surrounding areas for the purpose of obtaining resources. Therefore, the indigenous communities are quite a distance from the local people which forms non dominant sections of society which helps the finders to assess their identity and lifestyle in the past. From the very beginning this indigenous people has been defining the social economic environmental social and traditional systems to be interdependent from each other therefore there was traditional knowledge in regard to the environment and management of natural resources has been developed from ages that has provided valuable contribution to the heritage of the world. One would not be surprised if we consider the biological resources which can be found deeply and locally rooted from the knowledge the existing caterers indigenous people speak nearby 5000 existing languages of the world and their lifestyle rich in cultural diversity the traditional knowledge of the indigenous people that has proved to be valuable in benefiting the nature of humankind. However, as a result of various processes in relation to colonial and postcolonial most of this indigenous communities were impoverished dispossessed and underrepresented in global context they have been suffering from abuses of Human Rights discrimination and marginalisation in both the past and present years. Various efforts has been made for the creation of the declaration in order to improve the rights of the indigenous people despite the rights of the indigenous people were protected to some extent it can be observed that this community is all over the globe are still continuing to experience the proportionality of poverty health problems and abuses in relation to human rights these communities has been suffering from the consequences of historical injustices which includes colonisation, disposition and operation and discrimination in the hands of the upper class which can be rightly observe that they have been deprived of their right to development by colonial power for their own pursuit. In the light of all these occurring and long fought struggles it can be observed that a peaceful end is yet to come as there is a need to involve in peaceful exchanges between the Nations and in different parts of the world in relation to traditional leadership and governance in regards to the indigenous communities. At the end emphasis can be made on the part that these indigenous communities have developed global movement of their own that are deeply rooted in the solitary efforts. Therefore in order to learn about the situations and the violations of the right it is important to address the indigenous peoples in regards to their residence cultural framework and difference of human rights. It is important to emphasize upon the various articles depicted in the declaration which has been addressing the rights of the indigenous communities.
It is worth mentioning that the indigenous people are known for their traditional knowledge, rich cultures and their unorthodox and unconventional ways of life. However, such indigenous people in many countries are displaced from their lands, ancestral territories and deprived of their natural resources which they depend upon for their survival. Thus it can be inferred that dispossessing them from their lands and depriving them of their natural resources imply the denial of their fundamental right to life as a result of which innumerable indigenous people suffer in extreme poverty and are discriminated against. They are excluded from economic and social power. The culture, belief systems, way of life and the languages of the indigenous people are threatened to the point of extinction. There are approximately 370 million indigenous people in 90 countries of the world. Indigenous people constitute five percent of the world population; however they constitute fifteen percent f the disadvantaged of the world. It can be estimated that more than 4000 languages of 7000 languages in the world are spoken by indigenous people. Linguists have predicted that ninety percent of the languages of the world are about to become extinct by the end of the century. It is to be mentioned that the indigenous people are demanding recognition of rights.
The United Nations Declaration can be considered to be the most comprehensive and holistic international instrument which provides the indigenous people with the fundamental rights essential for realizing the fullest of their potential. Such rights are built on the existing human rights which are enshrined in the treaties of international human rights. Such international human rights treaties embody global consensus on rights of indigenous people. The United Nations Declaration provides the definition of the minimum standards which are essential for the survival, well being and the dignity of the indigenous people. It is worth mentioning that the international community has considered taking positive and important steps to protect the rights of the indigenous people through the adoption of the United Nations Declaration. However, it can be inferred that the implementation of the provisions of the United Declaration which deal with the rights of the Indigenous people is the need of the hour. It can be mentioned that Parliaments of countries have a central role in the enactment of the legislation which recognizes the rights of the people and the adoption of the budgetary measures which are required for the implementation of the rights which are critical for the implementation of the aforementioned provisions of the United Declarations at the state and the national level. It is worth mentioning that the Handbook on the United Nations Declaration can be considered to an important and practical tool for the improvement and the understanding of the Indigenous people’s rights. The aforementioned handbook contains a series of checklists which can be used for the assessment of the engagement of the parliament with the rights of the indigenous people’s rights and also identification of the areas which require improvement and strengthening. The handbook is split into two sections. The first section contains the questions such as: Who can be considered to be indigenous people; why the rights of the indigenous people are important to the members of the parliament; what are the rights of the indigenous people under the international standards; what can be considered to be free, informed and prior consent and why free and informed consent is important for the parliamentarians. It is worth mentioning that the first section of the aforementioned handbook lays down the following cluster of rights of the indigenous people:
The first section of the aforementioned handbook also provides an elaborate explanation of the concept of free, prior and informed consent. This concept of free, prior and informed consent involves the duty of the duty of the state to consult with the indigenous peoples on administrative and legislative measures which are likely to affect the indigenous people. Examples of such administrative and legislative measures include forced relocation, intellectual property, culture, territories and resources, development planning within the country with a view of obtaining the free, prior and informed consent of the indigenous people.
The second section of the handbook contains a tool that can be used by the parliamentarians for assessing the circumstances; the indigenous people were living in their own countries as the starting point for effectively implementing the rights of the indigenous people. It contains a series of checklists for the purpose of analyzing the parliament’s engagement with the United Nations declaration. The second section of the aforementioned handbook has also been structured around a group of questions which are related to the primary functions of the parliaments which include:
It can be stated that the importance of remembering that United Nations Declaration is an international instrument adopted by the states is essential for the realization of the rights of the indigenous people. The aforementioned declaration however, does not by its provisions create a new set of rights for the indigenous people, but merely builds upon and elaborates the human rights which are already existing and enshrined in the international human rights standards and treaties. This declaration can be considered to be an international instrument which respects and recognizes the world views and cultures of the indigenous peoples and also provides a framework for reconciliation and partnership. It can be mentioned that the parliaments derive their legitimacy from the notion that they are required to represent and reflect the interests of the people of the country as a whole.
It is worthwhile to mention here that these indigenous communities have long traditions in regards to self governance independence in case of decision making and institutional reliance. However, these circumstances may vary from one community to another. In historical purview any contemporary cases patterns of discrimination in regards to the exercise of the right to self determination of the indigenous communities’ interferes with the issue in order to emphasize upon their decisions and the nature of the control that created favourable impact on their daily lifestyle. It can be observed that after the introduction of the declaration, the indigenous people have full right to enjoyment and rights to human rights and fundamental freedom as depicted under the Charter of the United Nations the Universal Declaration of Human Rights and the international human rights law. In this regard the provisions of article it has been emphasised on the part that indigenous communities has the right to self determination and it must be such that it is determined as their political and economic and social and cultural status as a whole. In this regard, mention can be made about the provisions of article which deals with the exercise of their rights and their right to self determination and states that this community has the right to autonomy and governance in matters brought before it.
The provisions of article 5 of the declaration however deals with the rights of the indigenous people for the purpose of maintaining and strengthening the political legal economic and cultural institutions and in such process undermines the political social and economic situation. The provisions of article 6 states that the indigenous people has the right to nationality however the right to life and liberty and security are deeply depicted in the provisions of article 7 of the Declaration. It is important to state that the provisions of article 14 which highly emphasizes on the part that the indigenous communities has the right to establish as well as control their educational system and Institutions there by providing education of their own languages in order to enhance their cultural and traditional practices. In this article, it has been rightly stated that the indigenous communities especially the children has the right to all levels and forms of education of the state without any discrimination on the part of the state. The right of dignity and diversification of the cultural traditional and historical aspects of the indigenous communities has been reflected in the provisions of article 15 of the Declaration which has also stated that it is important to take effective measures on the part of the states in consultation and cooperation with the indigenous communities in order to eliminate discrimination by promoting tolerance understanding and good relations in the long run.
In the conclusion it can be stated that from the very beginning the rights and qualities of the indigenous communities have been ignored to the large extent however it is important on the part of the government authorities to conserve their rights and at the same time address their difficulties. It is important on the part of the government authorities as well as the states to take necessary steps for the purpose of achieving progress as well as full realisation of the rights as has been observed that the rights and the issues of the indigenous communities has been addressed and the UN has been overcome in the present year however in spite of several attempts some discrepancies has been seen. It can be finally concluded that the above mentioned functions can be performed by the self-determination framework as outlined in the United Nations declaration on the rights of indigenous people in advancing the rights of the indigenous communities.
Research Proposal:
The intention of the research proposal is to emphasize upon the functions of the of the self determination framework as depicted in the United Nations Declarations on the Rights of the Indigenous People. In this regard, the research proposal would emphasize on the part that, from the beginning, the indigenous communities forms an integral part of many States which largely varies from State to State and from region to region. In most of the States, the existence of these indigenous people has been threatened while in other States their rights and distinct identities have been recognized. From the researches shown by early researchers, it can be observed these indigenous communities have suffered injustices on the ground on colonization and dispossession of their lands. Finally, the research proposal is commissioned to examine the advancement of the rights of the indigenous people in regard to the United Nations Declaration on the rights of indigenous people.
For the purpose of evaluating the function of the self-determination framework as contained in the United Nations Declaration on the Rights of the Indigenous People, which relate to the advancement of the rights of the indigenous people, various questions are associated with it. These can be categorized as-
It is worth noting that, most of the indigenous communities has been forcefully assimilated and coerced into mainstream societies which caused detrimental harm to their identity and dignity. In such process, as a result of failure in recognizing the distinct identities and the existence of the indigenous communities has resulted in loss of their cultural heritage and diversity. From the beginning, the indigenous communities have been contributing towards the development of the diversity of cultures and languages. Out of 7000 languages spoken by the indigenous people an approx of 4000 languages were identified by the States. It can be emphasized that as a result of loss of cultural heritage, the traditional and cultural heritage which includes traditions and practices has been lost. It has been observed that most of the States values the identity and the cultural heritage of the indigenous communities. In regard to the self-determination framework of the United Nations Declarations on the Rights of Indigenous People, the recognition of the contribution of indigenous communities to the unique character and the cultural diversity of the States that can be achieved by implementing the UN Declaration. In the process of maintaining the distinct identities and structures, the indigenous people in most of the communities have been a major part of the parliamentary constituencies.
The author emphasized upon the rights of the indigenous people under the purview of international institutions and literatures. However, the research is based upon the past literatures about the rights and cultures of the indigenous people. The author highlighted the fact that international institution can be considered as independent actors having specific objectives and operational cultures.
In this article, the author adopted a de-colonial approach in order to incorporate and at the same time acknowledge the existing and current trends socio-political discourse. The author was commissioned to examine and address the nature of ongoing structural colonialism for the purpose of ensuring that the rights of the indigenous communities are taken into account.
The intention of the authors was to make a successful attempt in order to research and generalize the cultural and traditional patterns of the indigenous people. In this regard, the authors intended to present a vast geographical extension in relation to the various social forms and living conditions of the indigenous people. In this context, the authors presented a varied research which rightly states most of the indigenous communities belong to the Latin America and day by day their conditions are worsened. Finally, the authors concluded the article by emphasizing that, although these indigenous communities have contributed to the economic and political growth of the country, still their identities has not been determined and recognized.
In the present article, the author highlighted factors in regard to the development made by the indigenous people for the purpose of exercising their rights of self-determination and the rights in relation to it. The active support on the part of the States and the preferences for the indigenous people in regard to their own initiatives has been described. The author, in this regard, emphasized on the part that, there is a right on the part of the indigenous communities to oppose the nature of the extractive activities which includes freedom from violence, indue influences and pressures.
The authors from the beginning highlighted the functions of the self-determination framework of the UN Declaration. In the second part, the authors emphasized that it is important to adopt bio-cultural approaches which would prove to be beneficial in addressing the potential approaches and challenges.
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