The Status of Indigenous Peoples in International Law

Abstract

Introduction. The International Decade of Indigenous Languages (2022–2032) was proclaimed in 2022 by the UN system. Thus, the problem of indigenous peoples acquires increased relevance in international law. At the same time, the definition of the concept of “indigenous peoples” has not yet been developed in UN law. Identification of the characteristic features of this category has become the task of the study. Methods. General scientific and special methods for legal science, primarily formal legal analysis, underlie the methodology used. Theoretical conclusions are supported by examples of international judicial practice. Results. Specific features of indigenous peoples as a special subject of international human rights law are shown in the article. The author proposes to create a special international legal regime for the protection of those indigenous peoples who are endangered. Discussion and Conclusion. Based on the results of the study, a number of conclusions were drawn. The author considers the most significant: three features can be considered generally recognized. The only special feature (compared to the features of the generic category – the people in international law) is the original, historical connection with the territory of residence. The geographical area in which this people or their ancestor lived during the period of its conquest or colonization, or during the establishment of existing state borders, is proposed to be understood as the territory of the indigenous people. The notion of indigenous peoples as exclusively post-colonial or as not emerging from the stage of tribal development, is subject to criticism as discriminatory. The special qualities of indigenous peoples, primarily civilizational (ethnic) identity, must be protected by the norms of international law.