Human Rights Of Indigenous Peoples Research Articles

Legal Protection of The Customary Rights of The Pubabu-Besipae Indigenous People

Ulayat land is land shared by indigenous communities. Customary land is closely related and is an integral part of customary land rights. Customary rights are the rights owned by indigenous peoples to utilize natural resources for survival. The existence of indigenous communities has been explicitly recognized in national law, such as the Basic Agrarian Law and the Forestry Law. However, recognition of customary rights is still often ignored by the Government, this is the case in the Pubabu-Besipae indigenous community. Therefore, the aim of this research is to find out how the law protects the customary rights of indigenous communities. This research uses normative legal methods and uses a statutory approach. The research findings show that legal recognition and protection of customary rights are very clearly recognized and regulated, so the government should not be able to control customary land arbitrarily according to its wishes. Ownership of customary land has limitations in carrying out legal actions and must take into account the prosperity of indigenous communities. So the actions taken by the East Nusa Tenggara Government are actions that violate the human rights of indigenous peoples because there are arbitrary actions and even acts of violence against indigenous peoples. The government should hold joint discussions with indigenous communities to reach a fair agreement.

Access to maternal health services for Indigenous women in low- and middle-income countries: an updated integrative review of the literature from 2018 to 2023.

Ninety-seven per cent of Indigenous Peoples live in low-and middle-income countries (LMICs). A previous systematic integrative review of articles published between 2000 and 2017 identified numerous barriers for Indigenous women in LMICs in accessing maternal healthcare services. It is timely given the aim of achieving Universal Health Coverage in six years' time, by 2030, to undertake another review. This article updates the previous review exploring the recent available literature on Indigenous women's access to maternal health services in LMICs identifying barriers to services. An integrative review of literature published between 2018 and 2023 was undertaken. This review followed a systematic process using Whittemore and Knafl's five-step framework for integrative reviews and Preferred Reporting Items for Systematic Reviews and Meta-Analyses (PRISMA) guidelines. A total of 944 articles were identified from six databases: Academic Search Premier, MEDLINE, Psychology and Behavioral Sciences Collection, APA PsycInfo, CINAHL Plus with Full Text and APA PsycArticles (through EBSCOhost). The search was undertaken on 16 January 2023. After screening of the title/abstract and the full text using inclusion and exclusion criteria 26 articles were identified. Critical appraisal resulted in 24 articles being included in the review. Data were extracted using a matrix informed by Penchansky and Thomas's taxonomy, extended by Saurman, which focused on six dimensions of access to health care: affordability, accessibility, availability, accommodation, acceptability and awareness. Ten studies took place in Asia, 10 studies were from the Americas and four studies took place in the African region. Seventeen articles were qualitative, two were quantitative and five were mixed methods. The methods for the integrative review were prespecified in a protocol, registered at Open Science Framework. Barriers identified included affordability; community awareness of services including poor communication between providers and women; the availability of services, with staff often missing from the facilities; poor quality services, which did not consider the cultural and spiritual needs of Indigenous Peoples; an overreliance on the biomedical model; a lack of facilities to enable appropriate maternal care; services that did not accommodate the everyday needs of women, including work and family responsibilities; lack of understanding of Indigenous cultures from health professionals; and evidence of obstetric violence and mistreatment of Indigenous women. Barriers to Indigenous women's access to maternal health services are underpinned by the social exclusion and marginalisation of Indigenous Peoples. Empowerment of Indigenous women and communities in LMICs is required as well as initiatives to challenge the stigmatisation and marginalisation that they face. The importance of community involvement in design and interventions that support the political and human rights of Indigenous Peoples are required. Limitations of this review include the possibility of missing articles as it was sometimes unclear from the articles whether a particular group was from an Indigenous community. More research on access to services in the postnatal period is still needed, as well as quality quantitative research. There is also a lack of research on Indigenous groups in North Africa, and in sub-Saharan Africa - especially hunter-gatherer groups - as well as the impact of COVID-19 on access to services.

Kontroversi Revisi Undang-Undang Minerba Terhadap Hak Asasi Manusia Masyarakat Hukum Adat

Law no. 3 of 2020 is predicted to be able to improve mineral and coal mining by integrating the concept of real participation in the community. In fact, the Minerba Law has sparked polemics on human rights issues. This research aims to find out what are the controversial regulations on the Human Rights of Indigenous Peoples contained in the Minerba Law and the community's efforts to fight for human rights contained in the Minerba Law. This research uses normative juridical methods, namely research starting from statutory regulations, books, scientific journals and websites. The results of the research are that there are several articles that have multiple interpretations regarding the rights of customary law communities which are detrimental to the community. This controversy has certainly drawn a response from the public whose efforts are to carry out a judicial review at the Constitutional Court. Constitutional Court Decision Number 37/PUU-XIX/2022 Revision of Law Number 4 of 2009 concerning Mineral and Coal Mining as partly amended by Law Number 11 of 2020 concerning Job Creation to the Constitution of the Republic of Indonesia seems to provide a wide path to oligarchic profit-seekers rather than paying attention to the welfare of the Indonesian people. Looking at the problems above, the role of regional government is a solution in making regional legal product policies that can provide solutions for empowering, fostering respect and protection of MHA as a subject of development.

Water sovereignty for Indigenous Peoples: Pathways to pluralist, legitimate and sustainable water laws in settler colonial states

In settler colonial states, the doctrine of discovery that dispossessed Indigenous Peoples of their lands also took their waters. The original water theft of colonization was underpinned by the erroneous assumption of ‘aqua nullius’ and remains almost entirely unacknowledged and largely unaddressed. Scholarly literature has focused on the injustice of this water theft and the human rights of Indigenous Peoples (under UNDRIP as well as their human right to water). This review shows that aqua nullius also renders settler state water law not fit for purpose in two important ways. Firstly, the legitimacy of settler state water laws is contested, presenting a foundational challenge to water governance, and failing to acknowledge the plurality of water laws in settler colonial states. Secondly, settler water law is experiencing a more widespread failure to deliver ecologically sustainable water management. In responding to the injustice of aqua nullius, foundational reform of settler state water laws can enable the settler state to learn from Indigenous laws that have supported thriving communities and genuinely sustainable water management for millennia. Drawing on examples from Aotearoa New Zealand, the USA, Canada, and Australia, this review shows how acknowledging, and challenging, the false assumption of aqua nullius creates novel pathways for reform, enabling pluralist water laws and water governance models that improve both legitimacy and sustainability of settler state water governance.

REDD+ and the Promotion of the Human Rights of Indigenous Peoples: the Case of Chile

REDD+ and the Promotion of the Human Rights of Indigenous Peoples: the Case of Chile

THE EVOLUTION OF PAPAL SOCIAL THOUGHT ON INDIGENOUS PEOPLES

The aim of the paper is to present the evolution of papal social teaching on indigenous peoples’ rights from a historical perspective. It seems possible to distinguish various phases of the Catholic standpoint based on the factual, historical background: medieval challenges of infidel peoples, the Indian question during the colonization period, the impact of modernity: class struggle and the Catholic social teaching, and finally, the contemporary globalization era during the present pontificate of Pope Francis. The common threads of papal teaching concern, firstly, the evangelizing mission of the Church to bring faith to overseas peoples and, secondly, human rights of indigenous peoples. The human rights perspective is inextricably linked with the principle of self-determination, understood as the foundation of good governance.

Colonial Loot and Its Restitution – Country Report: Switzerland

In Switzerland, the decolonization of ethnological and historical museums and collections is in progress. This is true in practice, especially by federally funded provenance research projects and by single restitutions of human remains and colonial objects. However, provenance research and its goals need to be better understood in Switzerland, and the reluctance towards restitution is still high. There are no regulations or guidelines that would support the decolonization activities and supplement existing cultural heritage law. In practice and by regulation, the goal to strive for should be to implement the international human rights of Indigenous peoples to control or restitute their cultural heritage.

Perlakuan Terhadap Anak-Anak Indigenous People Dan Tanggung Jawab Negara

Introduction: Indigenous peoples continue to face threats to their sovereignty, the sovereignty that is meant is centered on how the state positions indigenous peoples into national policies, by imposing values on indigenous peoples.Purposes of the Research: To examine and find out whether the treatment of Indigenous People's children in Canada violates the provisions of International Law and to find out how the state's responsibility for the human rights of Indigenous People's children is. Methods of the Research: This research is a normative juridical law research, with primary and secondary legal materials as a source of law by using the nature of prescriptive research that aims to obtain suggestions on what to do.Results of the Research: The results of the study show that the treatment of children of indigenous people in Canada violates the provisions of international law, where indigenous children receive treatment from the state in the form of violence or coercion which is contrary to human rights and fundamental freedoms regulated in the ILO (International Labor Organization) Conventions. UNDRIP Declaration (United Nation Declaration of Rights on the Indigenous Peoples), United Nations Convention on the Rights of the Child, then on the International Covenant on Civil and Political Rights) and also to the International Covenant on Economic, Social and Cultural Rights.

Human Rights of Indigenous People in Indonesia: A Constitutional Approach

Human Rights of Indigenous People in Indonesia: A Constitutional Approach

Reinforcing Indigenous Peoples’ Right to Health in the Wake of the COVID-19 Pandemic: A Panacea for Sustainable Human Rights Protection

The rights of indigenous peoples have become an important issue of international law and policy over the past three decades as a result of movements led by indigenous peoples, civil society, international mechanisms and states at the domestic, regional and international levels. Indigenous peoples are widely recognized as being among the world’s most vulnerable, disadvantaged and marginalized peoples. In order to identify, recognize and protect the rights of indigenous peoples, it is necessary to have a clear understanding of who the indigenous people are. Moreover, the definition that is derived cannot be static, but must change with the times and from place to place as well as adapt to the changing circumstances and environments. This paper analyses the statutory definitions of indigenous peoples and their rights as provided under the United Nations legal framework and other regional frameworks. Furthermore, it examines the unique perspectives on health held by indigenous peoples as well as their vulnerability to the COVID-19 pandemic. The question that was posed in this paper, however, was whether the right to health extends to indigenous peoples, thereby making it binding on a far greater number of actors. And what are the issues that pertain to the human rights of indigenous peoples. Nevertheless, this paper noted that the United Nations Human Rights System, as well as its mechanisms, laws and policies have been at the heart of these developments. This paper takes an analytical and qualitative approach to its research and builds its argument on existing literature, which is achieved through a synthesis of ideas. The paper concludes that the rights of indigenous peoples are increasingly being formally incorporated into the domestic legal systems of various countries.

Public participation at the International Seabed Authority: An international human rights law analysis

AbstractIn light of the interlinkages between marine biodiversity and the protection of human rights, this article explores the relevance of international human rights law to the decision‐making processes at the International Seabed Authority (ISA). It illuminates the relevance of the ISA decisions for the protection of everyone's right to a healthy environment, as well as for the human rights of indigenous peoples and other communities that have cultural connections to the seabed, children and environmental human rights defenders. On these bases, the article assesses current practices in relation to public participation at the ISA, revealing that human rights obligations of procedure and substance appear overlooked in that context. The article concludes by outlining the steps the ISA member States should take to enhance public participation in decision‐making on deep‐seabed mining. In addition, it identifies an immediate opportunity for independent international review that could help clarify how human rights can support the ISA in delivering on its complex mandate to regulate deep‐seabed mining activities beyond national jurisdiction and protect the marine environment for the benefit of humankind.

Human Right and Indigenous Peoples : Transitional Justice Approach

This research focuses on respecting, recognizing, protecting and fulfilling the human rights of indigenous peoples in Indonesia. Through a comparative law approach in European and Asian countries that have substantially recognized and protected the human rights of indigenous peoples in Indonesia. The problem are how is the model for regulating customary land management by indigenous peoples based on Human Rights and Local Wisdom in terms of Indonesia's transitional justice approach? and Second How can the recognition and protection of the enforcement of human rights over customary land in Indonesia be viewed from the transitional justice of Asian and European countries that have implemented indigenous peoples' human rights?. In its development in European countries, the discussion of indigenous peoples is already at the stage of regulating and fulfilling human rights. There are even special laws that regulate indigenous peoples as well as Asian countries. The Indonesian government is still at a lower level and is still debating the arrangements for the recognition of the existence of indigenous peoples. Even though the discussion of the Bill on Indigenous Peoples at the Indonesian People's Representative Council has entered its second year (President Jokowi). Through a transitional justice approach, this article formulates the regulatory norms for indigenous peoples adopted from several laws of indigenous peoples in European and Asian countries. This is intended to provide a legal framework for the Indonesian government and the Indonesian Parliament to immediately provide legal recognition and protection for indigenous peoples in Indonesia immediately.

Legal pluralism, indigenous rights and the Inter-American corpus iuris

The permeability between state, regional and universal legal systems for the protection of human rights is increasingly evident, materialising a trend of legal pluralism in a multilevel universe of human rights protection. Therefore, it is important to interpret the norms contained in national constitutions and international treaties – that is, the different systems for the protection of human rights – in light of the pro persona principle. In this context, the indigenous issue stands out for its complexity and urgent safeguard, given the past and current scenarios of numerous violations. The indigenous cosmovision must permeate any application of the mechanisms for protecting the human rights of indigenous peoples. In order to better understand this pluralism from the perspective of safeguarding indigenous rights, a brief study was carried out on the constitutionalization of these rights in Latin America and their interpretation in the Inter-American system for the protection of human rights. The question is: what are the main indigenous rights contained in Latin American constitutions? How does the Inter-American system interpret these rights in light of the American Declaration and Convention? What are the protective standards for indigenous rights in the region? For that, the method of approach used was the deductive one and the methodological procedures were in the juridical and systematic dogmatic study. As a result of this research, it was found that there is an entire Inter-American corpus iuris that must be protected, based on the duty of harmonisation imposed by the American Convention, and carried out through the control of conventionality

The indigenisation of customary law: Creating an indigenous legal pluralism within the South African dispensation: possible or not?

The article examines the possibility of creating an indigenous legal pluralism within the South African context. Due to the historical and current marginalisation of customary law, can customary law be developed, reformed and codified? Furthermore, can the legal regimes and human rights of indigenous people of South Africa be ascertained? The article renegades the historical marginalisation of customary law due to colonialism and apartheid; where indigenous people's legal regimes were placed subordinate to common law. The article further implores the current status of indigenous law nationally and internationally. The article seeks to advance the argument based on legislative and judicial analysis, that customary law is still marginalised under the current constitutional dispensation. The international call and new recognition of customary law are commendable; the article seeks to review whether South Africa is keeping up or not to the international directives embedded within declarations and conventions they are a signatory to. The article will further comparatively analyse foreign countries that have managed to do what South Africa is struggling to achieve with regard to the recognition, development, application, and reform of customary law.

Hidrelétricas, Direitos Humanos e alienação do território na Amazônia: Estudo de caso da UHE Tabajara - Rondônia

Os megaprojetos hidrelétricos na Amazônia brasileira provocam grandes impactos socioambientais e violações sistemáticas dos Direitos Humanos dos povos indígenas e comunidades tradicionais. As inúmeras barragens construídas apresentam um histórico de fragmentação de territórios tradicionais e de exclusão social. Neste texto, analisa-se mais um desses projetos, que está em formulação, a Hidrelétrica Tabajara. Assim, problematiza-se planejamento hidrelétrico na Amazônia articulado ao que se qualifica de alienação do território. Posteriormente, a análise se desdobra no uso corporativo do território para o capital e na alienação do território para os grupos sociais afetados, atingindo os direitos humanos e os modos de vida das comunidades afetadas. Conclui-se que os grandes projetos na região instituem escalas de domínio político dos recursos naturais e dos territórios, de modo que se ressalta o uso corporativo do espaço regional na escala do capital e do Estado, ao passo que, igualmente, tem-se a alienação dos territórios dos grupos sociais mais vulneráveis, no qual o sentido e destino do lugar fica afetado pelas lógicas do capital hidrelétrico, constituindo-se em formas de dominação e expropriação social.

The serious human rights crisis in Brazil and its implications for indigenous peoples: In search of favorable legal criteria from the Latin American experience

The present article is part of the result of postdoctoral research work that seeks to find, in international and Latin American jurisprudence, favorable criteria for agreements that guarantee respect for the multiethnic and multicultural condition of our nations and, in this way, the human rights of indigenous peoples of the region. In this sense, the proposed analysis pursues to find possibilities to contribute to the development of Brazilian jurisprudence on the subject matter, considering that Brazilian indigenous peoples are currently facing a new period of dispossession and violence towards their community forms of life in their territories. We employ the socio-historical analysis of the current situation in the field of struggle that is the discourse of human rights in Brazil, and its effectiveness for the defense of the collective rights of indigenous peoples, especially their right to territory and natural resources. Then, we move on to the exercise of jurisprudential analysis, to the standards of the Inter-American Court of Human Rights on the subject, in order to find in them favorable meanings to the protection of the collective rights of peoples. Thus, the present work finds in these legal discourses criteria that can be recommended to the Supreme Court of Brazil, as legitimate approaches for the respect and protection, of both the collective right to territory and natural resources that indigenous peoples have in accordance with international and Inter-American law, and as grounds to affirm the importance of consultation to guarantee the right to self-determination of peoples.

Critical Review of Indonesian Government Legal Policies on The Conversion of Protected Forests and Communal Lands of The Indigenous Batak People around Lake Toba

The Development Plan of Sibisa Lake Toba Tourism Area as The National Strategic Area for Tourism by performing a land conversion on protected forests and communal lands had stirred up a problem dilemma regarding the resistance from indigenous people around Toba Lake. It is crucial to be questioned, whether the conversion policy of protected forests and communal lands by the Indonesian Government to develop Sibisa Danau Toba Tourism Area is in accordance with related laws and regulations? As the answer, it can be concluded that the mentioned policy opposes: Article 18b of the 1945 Constitution; Article 15 of the Law of 2009 Number 32 on Environmental Protection and Management; Presidential Regulation Number 81 of 2014 on The Spatial Planning of Lake Toba Area; The Law of 1999 Number 39 on Human Rights; The Law of 2016 Number 6 on Village Government, and lastly, the United Nation Declaration on Human Rights of Indigenous People (UNDHRIP).

Derechos humanos de los pueblos indígenas en clave de pluralismo jurídico e interculturalidad

Objetivo: determinar y comprender los desarrollos normativos internacionales de los instrumentos de Derechos Humanos de los pueblos indígenas, según el enfoque del pluralismo jurídico y la interculturalidad. 
 Metodología: investigación de corte documental con enfoque cualitativo. Se consultaron instrumentos internacionales y literatura especializada en función de las categorías medulares del texto, a saber: derechos humanos, pueblos indígenas, pluralismo jurídico e interculturalidad.
 Resultados: se encontró un profuso desarrollo convencional en Derechos Humanos sobre pueblos indígenas. También se evidenció que, pese a la amplia protección jurídica en el ámbito del derecho internacional, es limitado el compromiso del Estado colombiano al abstenerse de votar o formular objeciones a distintos instrumentos. Se halló, además, que las normas internacionales sobre pueblos indígenas tienden a ampliar el núcleo de protección de manera progresiva al contemplar no solo el respeto y la garantía de derechos materiales individuales y colectivos, sino también espirituales y epistémicos que resultan vitales para estos pueblos.
 Conclusiones: los instrumentos internacionales sobre derechos humanos de los pueblos indígenas durante el siglo XXI han trascendido los enfoques asimilacionistas e integracionistas hacia el pluralismo jurídico; sin embargo, este enfoque aún se encuentra en mora de superar la influencia del monismo jurídico para reconocer, además de la mera existencia de otros sistemas jurídico-culturales, como los de los pueblos indígenas, su auténtico valor para revitalizar las luchas sociopolíticas y jurídicas por la dignidad y la autonomía de otros sistemas plurales que tengan lugar en los Estados de Derecho en América.

Against Self-Isolation as a Human Right of Indigenous Peoples in Latin America

Advocacy of an indigenous right to isolation in the Latin American context responds to multiple depredations, above all to plundering by extractivists. Two prominent international instruments declare a human right to indigenous self-isolation and articulate a principle of no contact between indigenous peoples and the non-indigenous majority population: Indigenous Peoples in Voluntary Isolation and Initial Contact in the Americas and Guidelines on the Protection of Indigenous Peoples. In analyzing both, (1) I argue against the notion of a human right to indigenous isolation and for limited, controlled contact between the indigenous peoples and a narrow segment of the larger society. (2) I propose relational human rights as rights that connect people, as rights-bearers, across borders and differences. They would allow for limited outside observation for possible human rights violations within indigenous communities. I then articulate relational human rights of indigenous peoples in voluntary isolation as rights to (3) agency, (4) health, (5) territory, and (6) identity.

Under the radar: the role of fair and equitable benefit-sharing in protecting and realising human rights connected to natural resources

ABSTRACTThis article assess the degree of cross-fertilisation of international human rights and environmental law on fair and equitable benefit-sharing in relation to the human rights of indigenous peoples and local communities over natural resources. It also explores further avenues to develop a mutually supportive interpretation by strategically analysing the interplay of international benefit-sharing obligations with environmental assessment and free prior informed consent. This will serve to substantiate four inter-linked claims. Benefit-sharing has a substantive core linked to communities’ choice and capabilities, as well as a procedural one linked to communities’ agency as part of a concerted, culturally appropriate and iterative dialogue with the State. Benefit-sharing expands considerably the scope and approach of environmental assessments and consultation practices, having the potential to move towards a transformative collaboration in light of multiple worldviews. Benefit-sharing should then be distinguished from compensation, with which it is often conflated, as it does not depend upon a violation of a right. Finally, the proposed interpretation has implications for understanding the status of fair and equitable benefit-sharing in international law, as well as for businesses’ due diligence to respect the human rights of indigenous peoples and local communities.