What Does the Right to Self-Determination Mean for Indigenous Peoples?

Abstract

The emergence of the right to self-determination in international human rights law is notoriously contested for the purpose of advancing indigenous peoples’ claims. This right poses significant challenges on the observance of State sovereignty and permanent sovereignty over natural resources, particularly on the African continent. Consequently, tension exists on how the right to self-determination of indigenous peoples can coexist alongside the traditional right to self-determination of states. This paper examines the concept of indigenous peoples’ right to self-determination. It establishes that, despite the definitional vagueness in the right, the right to self-determination represents the emergence of a new rights-based approach for alleviating concerns of indigenous peoples.