The Rights of Indigenous Peoples and the Development Process

Abstract

The need for a human rights dimension to the development process is recognized by a growing number of states and international organizations. The tendency so far has been to focus on rights in a general sense, although there is some recognition of the need to consider the rights of indigenous peoples in a development context. The integration of these rights into development programs can encounter difficulties partly because of the uncertainty surrounding the scope of some of the more important rights claimed by indigenous peoples. The article examines the scope of these rights under international law and explores some of their potential implications for the development process. It argues that while some of these human rights claims are not yet recognized under international law, the position is continually evolving. It also argues that the increasing recognition of several rights, especially the right to effective participation, may help to address the sense of marginalization traditionally experienced by indigenous peoples from the development process.