Legal Status Of Indigenous Peoples Research Articles

“Indigenous peoples, Business and the state: from the experience of legal regulation in the Russian arctic”

This article examines the role of the Commission on Legal Pluralism and one of its founders, Keebet von Benda-Beckmann (1946–2022), to whose memory I dedicate this analysis of the development of legal anthropology in Russia. In the article, I focus mainly on the indigenous peoples of the North of the Russian Federation. Legal pluralism methodology is important for the rights of indigenous peoples in modern Russia from various perspectives. Introduction to the work of the Commission on Legal Pluralism has been an important step in the formation of an interdisciplinary field of legal anthropology in Russia. Keebet von Benda-Beckmann played a major role in this process, and was involved in the 11th International Congress on Customary Law and Legal Pluralism, which was held in Moscow in 1997. Interdisciplinarity has become a defining trend in the study of the legal status of indigenous peoples in legal anthropology, both for the creation of special legislation and for the protection of indigenous rights. There has also been a significant turn in academic discourse from the study of customary law as a traditional law that existed in the past to the study of it as a regulator of the contemporary life of aboriginal and other communities. Field research in recent decades in the Russian Arctic confirms the need to emphasise the role of the state and globalisation when analysing the legal situation of indigenous peoples in the context of legal pluralism. In this article, two cases are analysed. The first is the development of the Russian Federation Standard on Social Responsibility for Business in the Arctic 2020, with which I was directly involved. My task as a legal anthropologist was to prepare a document that combined international law, national legislation, business standards and regulations, and the customary law of indigenous peoples of the North. The second case is related to the analysis of the regional legislation of the Republic of Sakha (Yakutia) concerning nomadic peoples, and consideration of indigenous customs and traditions in the state legal system. The importance of this perspective for the protection of the rights of these peoples is recognised in the decision of the Constitutional Court of the Russian Federation in response to the complaint filed by Gennady Shchukin, a representative of the Dolgan community of Krasnoyarsk Region, relating to the value of customary law in the regulation of hunting. Such judicial practice is rare, but it is of great importance in determining the status of indigenous peoples in the eyes of the state. This article deals with the possibility of taking into account the customary law of small indigenous peoples of the North based on documents adopted before 2022.

Права корінних народів України як центральний елемент їх правового статусу

The proposed article examines specific aspects of regulating the legal status of indigenous peoples of Ukraine and their rights as an element of its regulation. It was established that the rights of the indigenous peoples of Ukraine must be considered in the context of their legal status. It was determined that the legal status of the indigenous peoples of Ukraine is based on several international legal acts and the provisions of current national legislation. Given the existing classifications of legal status, the legal status of Indigenous peoples can be considered a special legal status due to its belonging to a particular group of people. The article examines the existing scientific controversy regarding the definition of the concept of “Indigenous peoples,” the basis of which is proposed to be defined based on its legal definition in the Law of Ukraine “On Indigenous Peoples of Ukraine.” The main characteristics of the indigenous people, distinguished by modern scientists in the field of law, are summarized. Broad and narrow approaches to understanding the indigenous people are determined depending on the number of such signs. It was established that the current Law of Ukraine, “On Indigenous Peoples of Ukraine,” demonstrates a three-level approach to the legal regulation of the rights of Indigenous peoples, consolidating them, in fact, into three groups: those that determine legal personality, fundamental rights, and others. However, the current legislation needs to allow to clearly define the legal markers of such a gradation and a clear understanding of the separation of fundamental rights and the rights provided for by individual articles of the profile law. The legal uncertainty of the mechanism of guarantees for the protection of the legal status of the indigenous peoples of Ukraine and its protection is established, as well as the need for further scientific research to improve the understanding of existing guarantees at the theoretical and legal level and their development at the regulatory level. Keywords: indigenous people, legal status, rights, guarantees, responsibility.

On Some Aspects of the Evolution of the Legal Status of Indigenous Peoples of the United States in the Context of Social Rights

On Some Aspects of the Evolution of the Legal Status of Indigenous Peoples of the United States in the Context of Social Rights

Retrospective and perspective analysis of the development of understanding and ensuring the rights of indigenous peoples of Ukraine

Keywords: Indigenous peoples, indigenous peoples of Ukraine, Crimean Tatars, Karaites, Krymchaks, Gagauz people, Crimean Platform, Crimean Khanate, Crimean People's Republic, Autonomous Republic of Crimea, city of Sevastopol, Crimea, Sevastopol, Mejlis of the Crimean Tatar People, Qurultay of the Crimean Tatar people, selfdetermination, occupation, deoccupation, genocide, deportation, deportation of the Crimean Tatars, Surgun
 The article analyzes in detail the process of formation and development of the rights of indigenous peoples in independent Ukraine. Particular attention is paid to the provisions of the Constitution of Ukraine in this context and their interpretation. The legislative process and legislative initiatives that preceded the adoption of the Law of Ukraine “On the Legal Status of Indigenous Peoples of Ukraine” on July 21, 2021 are described.The peculiarities of the legal acts of Ukraine, which regulate the rights of indigenous peoples, their connection and further impact on the overall development of the studied issues, are clarified. A retrospective analysis of the legislation of the last 30 years, highlighting the main stages and elements, provides an opportunity to formulate a perspective on the further development of the indigenous peoples’ rights’ issue in Ukraine in the field of normative consolidation of their legal status and implementation of rights guaranteed by the Constitution and laws of Ukraine. The rights of indigenous peoples are depicted through the prism of modern legal and political processes, in particular, the Crimean Platform, as the most effective mechanism for de-occupation of the Autonomous Republic of Crimea and the city of Sevastopol, ensuring the rights of Ukrainian citizens violated by the temporary Russian occupation of the peninsula. Particular attention is paid to the place of the indigenous peoples of Crimea and the issue of restoringtheir rights under this mechanism. The restoration of such rights seems particularly important, given the particular persecution of indigenous peoples and their individual representatives by the occupying power today, as well as the perpetration of genocideagainst these peoples in the past.

Pengusahaan Sumber Daya Alam dengan Persetujuan Masyarakat Adat

State control of natural resources for the sake of the greatest prosperity of the Indonesian people can be seen from the regulations that were born where this regulation provides an authority by the state carried out at the will of the Indonesian people. However, the text of the recognition and constitutional protection of indigenous peoples still leaves two main problems. First, the recognition of indigenous peoples is placed on conditions as long as they are still alive, in accordance with community development and the principles of the Unitary State of the Republic of Indonesia. Second, the constitution introduces two terms, namely the Unity of the Customary Law Community (Article 18 B paragraph 2) and the Traditional Community (Article 28 I paragraph 3). There is absolutely no explanation regarding these two terms, thus giving rise to new interpretations of these two things which have led to polemics in the regulatory arrangements under them. In this study using normative legal research methods using a literature study legal approach. When the occurrence of the two legal problems above the state raises a polemic in carrying out judicial efforts which have always been in conflict with the legal status of indigenous peoples, for that the government places more emphasis on a sociological approach. only guaranteeing welfare from the economic field, but considerations in the environmental field for that the state guarantees this as the most important part of the constitutional mandate this cannot be separated from various factors ranging from the environment which has an impact on health, the economy which has an impact on welfare is carried out as part of the the state is present in providing guarantees for respect and protection of the rights of indigenous and tribal peoples.

Права коренных малочисленных народов России: теоретико-правовой аспект

The article discusses the current level of institutionalization of the legal status of indigenous peoples in the focus of ensuring their ethno-cultural security. The article considers a number of proposals regarding the indigenous peoples of the North, Siberia, the Far East, the North Caucasus as part of the multinational people of Russia, their status and the limits of the implementation of collective rights. The author of the article believes that the effectiveness of protective legal mechanisms depends on how much economic, economic, social, ethnic, cultural features of the life of indigenous peoples are taken into account in law-making, legislative work.

Comparative analysis of the constitutional status of indigenous peoples of Brazil, Canada and India

A comparative analysis of the legal status of indigenous peoples, tribes and castes of Brazil, India and Canada was carried out on the basis of a study of the Constitutions and Constitutional Acts, Conventions for the Protection of the Rights of Indigenous Peoples, the activities of National Commissions for the protection of these categories. Conclusions are made about the presence of similarities and differences in the formation of the constitutional status of the studied ethnic groups and the attitude of the colonialists towards them.

The legal status of indigenous peoples: past, present and future The legal status of indigenous peoples in Russia and foreign countries / ed. by A.V.ºMaly, S.V. Bukhmin, R. Sh. Garipova

The paper presents an analysis of the constitutional and legal status of indigenous small-numbered peoples and its features in Russia and foreign countries. Special attention is paid to the analysis of sources of international law and national legislation on this issue. The author's point of view on this problem is formulated.

Relevant Issues of Exploration the Concept of Indigenous People in the International Legal Instruments and Ukrainian Legal Doctrine

Abstract In this paper, the problem of determination of the legal personality of indigenous people as a subject of international law is considered. Hence, the problem articulated above leads to the issue related to aspects of practical realization and protection of rights and freedoms of indigenous people enshrined in international legal instruments, which is revealed. The confusion of the term “indigenous people” with that of “national minorities” can be avoided by the subjects of international law. However, one cannot find a solution to this problem without envisaging written rules on the concept of ingenious people in one obligatory, for contracting parties, an international legal instrument. Thereafter, the concept of indigenous people must be unified and, consequently, used by all international legal community. The relevance of this study is due to the need to determine the legal status of indigenous peoples in Ukrainian law. Ukraine has recently acceded to the UN Declaration on the Rights of Indigenous Peoples, which defines the need to implement these provisions in national legislation and ensure the practical implementation of the rights and freedoms enshrined for indigenous peoples. To date, the Constitution of Ukraine makes a distinction between the categories of national minorities and indigenous peoples, but there is no specialized comprehensive law that would determine the legal status of indigenous peoples in Ukraine, in the presence of such a law on national minorities. Thus there is a need to determine the concept of indigenous peoples in Ukrainian legislation.

Formation and development of international standards in the field of linguistic rights of indigenous peoples: historical and legal aspects

Introduction. The main objective of this article is to study the historical and legal aspects of the formation and development of international standards in the field of linguistic rights of indigenous peoples. This topic is particularly relevant in connection with the proclamation of the period 2022–2032 International Decade of Indigenous Languages by UN General Assembly. Materials and Methods. The research methodology is based on a systematic approach that incorporates the historical, formal-legal, system-structural methods of scientific knowledge. The material was provided by the main international legal documents in the field of the linguistic rights of indigenous peoples, research by Russian and international authors on the legal status of indigenous peoples, and the protection of their linguistic rights in particular. Results and Discussion. Based on the analysis of international legal acts, the following can be distinguished among the linguistic rights of indigenous peoples: the right to preserve and use native languages in private and publicly; the right to education in the mother tongue; the right to create and have access to the media in their native languages; the right to recognize indigenous languages in constitutions and national laws; the right to a life free of linguistic discrimination and other rights. The article also discusses the main UN mechanisms and tools in the field of ensuring and protecting the rights of indigenous peoples. The protection of the linguistic rights of indigenous peoples is currently carried out by numerous specialized agencies such as UNESCO, United Nations Permanent Forum on Indigenous Issues, UN Expert Mechanism on the Rights of Indigenous Peoples, the Special Rapporteur on the rights of indigenous peoples and etc. An important mechanism for promoting the theme of languages of indigenous peoples, the unification of partners and resources for joint action around the world was the proclamation by the UN General Assembly of the International Year of Indigenous Languages (2019) and the International Decade of Indigenous Languages (2022–2032). Conclusion. At the level of the international community, it formed a serious understanding of the need to preserve and develop languages, the realization of the linguistic rights of indigenous peoples, which will be facilitated by the International Decade of Indigenous Languages.

Tearing down the ‘buckskin curtain’: domestic policy-making and Indigenous intellectuals in the Cold War United States and Canada

ABSTRACTNorth American Indigenous peoples remain overlooked in Cold War scholarship, despite being tangibly impacted by this global conflict. This article presents a study of four foundational texts, to argue that the Cold War shaped the introduction of new destructive Indian policies in the United States and Canada, which aimed to eradicate the special legal status of Indigenous peoples. Moreover, Indigenous activist intellectuals like Vine Deloria, Jr. and Harold Cardinal successfully embedded their writing in the Cold War context of decolonisation and anti-communism to challenge harmful federal policy and the image of the United States and Canada as upholding ‘freedom’ and ‘democracy’.

The legal status of native peoples in Ukraine: challenges and prospects

In this paper author comprehensively researched the peculiarities and specificities of the legal status of indigenous peoples and their right to self-deter­mination and representation. The current situation of indigenous self-determination and representation was described. The present state of legislative consolidation of the legal status and right to self-determination and representation of indigenous peoples of Ukraine, Crimean Tatars in particular, was determined. The main bills, which pro­pose the legal regulation of indigenous peoples' issues in Ukraine, were analyzed and the role of foreign, in particular Scandinavian and New Zealandic, experience was an­alyzed. Further prospects of legislative consolidation of the legal status and the right to self-determination and representation of indigenous peoples of Ukraine, particular­ly, considering the forthcoming amendments to Section X of the Constitution of Ukraine, were determined.

Drinking Colonialism: Alcohol, Indigenous Status, and Native Space on Shawnee and Sámi Homelands, 1600–1850

Drinking Colonialism:Alcohol, Indigenous Status, and Native Space on Shawnee and Sámi Homelands, 1600–1850 Sami Lakomäki (bio), Ritva Kylli (bio), and Timo Ylimaunu (bio) Introduction: Alcohol and Global Indigenous History IN THE 1830S, three very dissimilar colonial states on the opposite sides of the Atlantic launched almost simultaneous campaigns against Indigenous alcohol consumption. In less than a decade, the United States, Finland, and Sweden prohibited the production, sale, and, in some cases, drinking of intoxicating beverages on Native homelands lying within the borders claimed by the states.1 In each country these legislative measures greatly shaped the political and legal status of Indigenous peoples and their relationship with the colonial state. The liquor laws, together with other contemporaneous legislation dealing with Indigenous rights and lands, asserted state sovereignty over Native communities and helped to construct Indigeneity as a legal and racial category that set rigid limits to Native autonomy. Moreover, they created colonial geographies in which Indigenous homelands became special legal spaces within state boundaries. Beneath these striking parallels, however, the alcohol legislation of the three states constructed Native status and space in significantly dissimilar ways. Most notably, the federal legislators in the United States recognized Native American nations as semi-sovereign entities with authority over Indigenous drinking on tribal lands, while the Finnish and Swedish lawmakers denied the aboriginal Sámi people any autonomy and instead gave state officials full power to police Native alcohol consumption everywhere. These parallel but divergent colonial laws throw into stark relief the intimate interlinkages between alcohol, colonial state-building, and political and cultural constructions of Indigenous status and Native spaces. Scholars have long recognized alcohol as a "colonizing substance par excellence," but while [End Page 1] earlier studies saw liquor simply as "a particularly versatile weapon in the invader's arsenal," more recent research apprehends alcohol's roles in colonialism as far more "complex and even contradictory."2 In particular, during the past twenty years scholarly interest has expanded from alcohol's effects on Indigenous health and well-being to the politics of alcohol in colonial situations. Historians and anthropologists have demonstrated that alcohol gained diverse political meanings in variegated colonial contexts and that both Natives and newcomers mobilized it in multiple ways for a wide variety of political purposes.3 As these studies make clear, intoxicating beverages constituted an important meeting zone for Indigenous peoples and intruders who negotiated their relations and defined their own, as well as one another's, status by drinking, sharing, and controlling liquor. Across the colonial world, the power to drink, to regulate the drinking of others, and to assign cultural meanings to drinking constituted a crucial part in forging new relations of authority and classifying people in novel ways. Moreover, liquor consumption and control spatialized both claims to power and categories of people. By allowing or denying specific, socially constructed groups of people to drink at specific, culturally defined and demarcated places, Natives and newcomers alike imposed political meanings on the landscape, asserted authority over it, and articulated complex ideas about who belonged where and in which status.4 This article explores the complex connections between alcohol and the construction of Indigenous status and space in two seemingly disparate colonial contexts, eastern North America and northern Fennoscandia (the geographic area of contemporary Finland, Sweden, and Norway). It investigates how Natives and newcomers used the circulation, consumption, and control of colonial liquor to imagine and mold Indigenous sovereignty, Indigenous–state relations, and Indigenous spaces between 1600 and the 1850s, as fledgling colonial polities in both areas gradually grew into powerful territorial states. In North America, the essay zooms in on the Shawnee people and their experiences with British and, after 1776, U.S. colonialism. In Fennoscandia, the focus is on the Sámis and their encounters with the kingdom of Sweden and Finland, a province of Sweden that was annexed to the Russian empire as an autonomous grand duchy in 1809. It is important to stress from the outset that Shawnee and Sámi histories are internally immensely diverse. Both peoples have always lived in dozens of widely dispersed communities whose historical experiences have often been quite dissimilar. We concentrate on the main trends...

KULTURA I ROZWÓJ JAKO PODSTAWOWE KATEGORIE ODNIESIENIA W TWORZĄCYM SIĘ PRAWIE LUDÓW TUBYLCZYCH

CULTURE AND DEVELOPMENT AS THE BASIC CATEGORIESOF REFERENCE IN THE EMERGING LAW OF INDIGENOUS PEOPLES Summary In contemporary international relations indigenous peoples constitute particular ethnic communities waiting for a long time for the regulation of their status as subjects of international law. Paradoxically, decolonisation, which helped many colonial societies gain national rights, has not only left the issue of indigenous peoples in countries formerly colonised by the White Man unresolved but has also complicated their status. In practice former colonies such as the United States, Canada, Australia or New Zealand have not regulated the legal status of indigenous peoples, relegating them politically and economically to the margins of society. The rights of indigenous peoples as minority groups living in the former Soviet Union, who are not at all colonial peoples officially, have not been defined either. The category of indigenous peoples now extends to many ethnic groups living in nation-states, who are culturally and linguistically distinct with respect to the dominant segments of the national society. However, assigning the attributes of indigenous peoples to them in the strict sense of the term is questionable and is not dealt with in this article. This article traces the process which leads to indigenous peoples acquiring the status of a fully-fledged subject of international law. It describes attempts that have been made to interpret the rights of indigenous peoples on the grounds of the universal instruments of international law. The principal documents are the Universal Declaration of Human Rights (1948), the Declaration on the Granting of Independence to Colonial Countries and Peoples (1960), the International Convention on the Elimination of All Forms of Racial Discrimination (1966), the United Nations International Covenant on Civil and Political Rights (1966), and finally the Declaration on Principles of International Law Concerning Friendly Relations and Cooperation Among States in Accordance with the Charter of the United Nations (1992). Despite the progress made in granting indigenous peoples their rights with the adoption of the UN Declaration on Indigenous Rights (2007), it is still difficult to talk of full success, i.e. the recognition of the international identity and rights of indigenous peoples on a par with other sovereign nations.

The Rights of Indigenous Peoples in Peru

The purpose of this article is to give a brief overview of the evolution of the socio-political and legal status of indigenous peoples in the Republic of Peru, and to present one particular example of the struggle for respect and implementation of their rights, as enshrined in international documents and the Constitution of Peru (1993). In the article the historical and problematic perspective has been assumed, discussing the problem from Colonial times, when important decisions were made by the Spanish administration regarding legal and political aspects of indigenous peoples’ status. Next it is discussed the Republican period, which was characterized by a policy of integration and forced acculturation of indigenous peoples into Creole-mestizo mainstream of society. Then the article focuses on the 20th century and the first attempts to acknowledge the diversity and cultural and ethnic identity of the indigenous population, albeit as part of a paternalistic indigenism movement. Finally, it examines the recent decades, which saw the introduction of multicultural policy principles in the form of particular amendments to the Constitution and ratification of major international documents relating to the rights of indigenous peoples. This last period is characterized by a new model of relations between the state and indigenous, and represents an official effort to move away from discriminatory and marginalizing attitudes towards the Indian community, although implementation of multicultural principles is still a very difficult process due to the ossified and inflexible system of dependency and indolence at the level of local administration. The article concludes with a case study of Comunidad Nativa Tres Islas (Madre de Dios), one of the native communities which has for years been fighting for the implementation of a favorable decision of the Constitutional Court of Peru, which at the regional level is still not respected.

Indigenous peoples of Ukraine

The article has an aim to show the position of indigenous peoples of Ukraine. Consider the problem of determining the constitutional and legal status of indigenous peoples as a guarantee of their rights andanalyze in what ways the rights of indigenous peoples protected in other countries.Define the characteristics of the processes of ethnic, political, cultural and legal development of certain ethnic groups, giving a legal opportunity to recognize these ethnic groups indigenous peoples.

Colonialism in Equality: Hawaiian Sovereignty and the Question of U.S. Civil Rights

This essay focuses on the case study of Native Hawaiians and the backlash against sovereignty struggles by neoconservatives who appropriate civil rights rhetoric to claim “reverse racism” in order to dismiss indigenous national claims as exclusionary. For indigenous peoples in the United States, along with those in the U.S. territories who may or may not be indigenous, the political project of civil rights throughout the last forty years has always been fraught, given the history of U.S. settler colonialism, distinctly different relationships to the nation-state, as well as different types of citizenship, and especially given the history of forced inclusion within the United States as the American Republic appropriated indigenous territory in the service of imperialist expansion. Thus, issues relating to territory, sovereignty, and nationhood structure colonized peoples' relationship to the nation-state and make for radically different goals than those that emerge from the project of civil rights. The conflation of race and indigeneity is one of the central problems in asserting the distinction between civil rights and sovereignty claims, especially as the racialization of native peoples as both “special interest groups” and “racial minorities” is deployed in the service of undermining the unique legal status of indigenous peoples under both U.S. federal law and international law. This changing political terrain creates the need for multiple interventions on different fronts when challenging the logic and workings of settler colonialism.

International law and indigenous peoples

AbstractIndigenous people- international law - self-determination. In recent years, indigenous people have become increasingly active at the international level. Recent developments, in particular the drafting of a UN declaration on the rights of indigenous peoples, indicate that new rules of international law may be emerging from this process. The new developments raise the question of the legal status of indigenous peoples. This question has essentially two elements: whether indigenous peoples may claim sovereign rights and whether the right to self-determination of peoples is applicable to them. A number of arguments suggest that a positive answer may be given to these two questions. An important aspect in this context is that indigenous peoples should be distinguished from minorities.