Abstract
The struggle by indigenous groups to have their rights acknowledged does not only take place through the action arenas of national political and constitutional processes, but also through active work through international bodies. Thus indigenous rights will often become arguments for institutional and constitutional changes in the modern world. The way such changes take place is nowadays more often through the incorporation of various forms of treaties and international charters into national legislation rather than direct negotiations between sovereign states and indigenous ‘tribes’, ‘clans’ or ethnic minority groups. However, when it comes to acknowledging the rights of ownership and possession of the peoples concerned over the lands which they traditionally occupy, these seem to be among the most difficult constitutional processes modern states can undertake. Thus they not only take much longer time than the granting of civil and political rights, but they also involve complex analytical exercises in order to understand the processes connected to the settling of indigenous land claims. This article analyses one such process in a nested and multi-tier system with parallel initiatives for institutional change.
Highlights
Indigenous rights are often used as arguments for institutional and constitutional changes in the modern world
The way such changes take place is nowadays more often through the incorporation of various forms of treaties and international charters into national legislation rather than direct negotiations between sovereign states and indigenous ‘tribes’, ‘clans’ or ethnic minority groups. When it comes to acknowledging the rights of ownership and possession of the peoples concerned over the lands which they traditionally occupy, these seem to be among the most difficult constitutional processes modern states can undertake. They take much longer time than the granting of civil and political rights, but they involve complex analytical exercises in order to understand the processes connected to the settling of indigenous land claims
The struggle by indigenous groups to have their rights acknowledged does take place through the action arenas of national political and constitutional processes, and through active work by international bodies like the UN Working Group on Indigenous Populations (WGIP) and the International Work Group for Indigenous Affairs (IWGIA). In this nested and multi-tier system with parallel initiatives for institutional change, both civil and political rights have been granted to indigenous groups in a number of countries
Summary
Indigenous rights are often used as arguments for institutional and constitutional changes in the modern world. In this nested and multi-tier system with parallel initiatives for institutional change, both civil and political rights have been granted to indigenous groups in a number of countries When it comes to acknowledging ‘the rights of ownership and possession of the peoples concerned over the lands which they traditionally occupy’ (ILO Convention No 169 § 14), these seem to be among the most difficult constitutional processes modern states can undertake. The aim of this article is to bring to the knowledge of a wider audience the potential rich research grounds that the gradual process of settlements of land claims in the European North will represent for new generations of constitutional and institutional analysts during the 30 years In outlining how such a research venue can be utilized by students of institutional change and students of commons it will show how institutional analysis can effectively be used to explain some critical questions in the long process of specifying and acknowledging indigenous and local rights in the European north. The bulk of the source documents and scientific articles of the European north are in the national languages, but with increased publication in English and increased interest from international students, this situation is likely to change in the near future
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