Articles published on Rights Of Indigenous Peoples
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- New
- Research Article
- 10.64640/7m2aq9k4
- Feb 6, 2026
- Namibian Journal of Environment
- Martha T Naanda + 4 more
As a signatory to the Convention on Biological Diversity, Namibia is committed to global efforts aimed at preserving biodiversity and promoting sustainable development. The Kunming-Montreal Global Biodiversity Framework (KM-GBF), sets global biodiversity goals and targets for 2021-2030, addressing urgent biodiversity challenges, and guides international conservation and sustainable use efforts. Target 3 of KM-GBF aims to ensure that by 2030, at least 30% of terrestrial, inland/fresh waters, marine, and coastal areas are effectively conserved and managed (including areas crucial for biodiversity and ecosystem services). It emphasises recognising indigenous and traditional territories, integrating these areas into broader landscapes and seascapes, and ensuring sustainable use aligns with conservation outcomes while respecting the rights of indigenous peoples and local communities. Despite having over 30% of its terrestrial area under some form of protection (when considering national parks, state forests, communal conservancies and community forests), several biomes and vegetation types in Namibia remain underrepresented. An ‘other effective area-based conservation measure’ (OECM) is a geographically defined area, distinct from a protected area, managed to achieve positive and sustained long-term outcomes for in-situ conservation of biodiversity. OECMs offer opportunities to recognise lands that deliver conservation outcomes, even when their primary use is not strictly for conservation. Recognising OECMs in Namibia, including freehold land that is currently not officially recognised to contribute to conservation efforts, could significantly enhance land conservation, leading to improved outcomes and helping achieve KM-GBF Target 3 in terms of representation and quality of management of terrestrial habitats.
- New
- Research Article
- 10.5206/uwojls.v17i1.22523
- Jan 27, 2026
- Western Journal of Legal Studies
- Anne Merritt
The federal United Nations Declaration on the Rights of Indigenous Peoples Act mandates key actions from Canada to support the advancement of the rights of Indigenous peoples. This includes, among other matters, the right for Indigenous peoples to establish and control their education systems, and for Indigenous children to have access to education that appropriately reflects their cultures. Focusing on elementary and secondary education, this article examines how Canada can best realize Articles 14 and 15.1 of the United Nations Declaration on the Rights of Indigenous Peoples (“UNDRIP”) which concern Indigenous peoples’ governance and access to education. The article analyzes the British Columbia Tripartite Education Agreement and the Nova Scotia Mi’kmaw Education Agreement as examples of Crown-Indigenous agreements that support the realization of the education rights established by UNDRIP. This article suggests that these rights can be better realized through the codification of education agreements and by requiring conformity with UNDRIP, as seen in the recent British Columbia Court of Appeal ruling of Gitxaala v British Columbia (Chief Gold Commissioner).
- New
- Research Article
- 10.51601/ijse.v6i1.379
- Jan 26, 2026
- International Journal of Science and Environment (IJSE)
- Dyah Permata Budi Asri + 1 more
The development of artificial intelligence (AI) technology has presented both opportunities and challenges for intellectual property protection, particularly in the context of digital culture. Generative batik motifs, AI-based ethnic music, and folk tales reproduced through natural language processing are examples of new phenomena that raise legal questions regarding ownership, protection, and the rights of indigenous peoples. This study aims to analyze regulatory gaps in the protection of AI-based traditional cultural expressions (TCE’s) in Indonesia and offer alternative legal models. The research method used is normative juridical with a legislative, conceptual, and comparative approach, supplemented with empirical data in the form of preliminary interviews with cultural practitioners and law enforcement officials. The results of the study show that Indonesian IPR law still focuses on individual creators, is unable to address the issue of non-human creators, and is not accommodative of the communal nature of culture. A sui generis legal protection model is needed that is able to integrate the principles of cultural justice, benefit sharing mechanisms, and digital protection. This article offers ideas for a new regulatory framework that is expected to form the basis for the renewal of national intellectual property law.
- Research Article
- 10.25077/llr.3.2.149-153.2025
- Jan 2, 2026
- Lareh Law Review
- Ratna Dwi Ramadhanti + 2 more
The discussion of Regional Autonomy and Special Autonomy has become an important issue related to granting greater authority to local governments to manage governmental affairs independently, including social, economic, development, and public services sectors. The main goal of this autonomy is to increase the efficiency of government, public services, community empowerment, and active community participation in development, with a focus on local welfare and the development of local potential. However, in its implementation, development in Sorong City often faces challenges related to the recognition and protection of indigenous peoples' rights. Although recognized in the 1945 Constitution, the rights of indigenous peoples are often overlooked due to the lack of understanding by government officials and development policies that do not actively involve them. Therefore, it is important for local governments to strengthen the capacity of officials, increase understanding of indigenous peoples' rights, and involve them in every stage of planning and implementation of development. With more inclusive and just policies, it is expected that development in Sorong City can proceed more equitably, sustainably, and with attention to the rights of indigenous peoples. Keywords : Community Participation, Development, Indigenous Peoples' Rights, Regional Autonomy, Special Autonomy, Sorong City, Welfare
- Research Article
- 10.31595/lindayasos.v7i2.1647
- Dec 30, 2025
- Jurnal Ilmiah Perlindungan dan Pemberdayaan Sosial (Lindayasos)
- Eka Nurwahyuliningsih + 2 more
This study aims to examine the relevance of the Rights-Based Approach (RBA) in empowering Remote Indigenous Communities (KAT), with a focus on the Yaur Tribe in Central Papua, through an analysis of its relationship with the fulfillment of the ten basic rights of indigenous peoples. The research method used is a literature study with a systematic literature review approach to 15 national and international articles discussing KAT empowerment, rights-based approaches, and indigenous peoples' issues. Data were analyzed thematically to identify patterns of empowerment approaches, RBA principles, and their level of relevance in the social, cultural, and geographical context of the Yaur Tribe. The results of the study indicate that KAT empowerment practices in Indonesia still predominantly position indigenous peoples as objects of development. In contrast, global literature emphasizes the urgency of implementing RBA which positions indigenous peoples as rights holders and the state as duty bearers. The integration of the 5P empowerment approach with RBA principles through the PANE, PANEL, and PANTHER frameworks is considered relevant and strategic to encourage the fulfillment of the ten basic rights of the Yaur Tribe in a more just, participatory, and sustainable manner. Based on these findings, this study recommends that the formulation and implementation of KAT empowerment programs be carried out in a participatory, contextual manner, and based on the recognition of the collective rights of indigenous communities, as a prerequisite for the realization of inclusive, equitable, and sustainable development.
- Research Article
- 10.5335/hdtv.25n.3.17534
- Dec 30, 2025
- Revista História: Debates e Tendências
- Daniel Da Silva Klein
This article addresses the Indigenous Marches, which fought for the rights of Indigenous Peoples both at the central and regional levels of government in Brazil, focusing on the period from 1880 to 1909. Initially, the focus is on the formation of these marches at the national level, following groups of Indigenous people who traveled to Rio de Janeiro in the final years of the Empire and the early years of the Republic to demand respect for their traditional territories and agricultural implements, and to denounce attacks on their villages. These marches are then followed at various levels of regional government throughout the country, which addressed these same issues. The thesis is that throughout the marches, Indigenous peoples developed a common identity because the issues they advocated were similar. The preferred sources for this research are newspaper articles, travel reports, official documents, and specialized bibliography. We emphasize that this text is part of a project developed in conjunction with the Federal University of São Carlos.
- Research Article
- 10.64021/cgpa.1.2.92-105.2025
- Dec 30, 2025
- Civic Governance and Public Administration
- Suci Rahmadani
This study aims to examine the obstacles to the implementation of agrarian reform that cause injustice for farmers. Inequality in land ownership, rooted in the colonial era, continues to cause multidimensional impacts, such as structural poverty, agrarian conflict, food dependency, and marginalization of indigenous communities. The research method used in this study is a qualitative method with a library research approach. The result show that agrarian inequality weakens agricultural development, deepens social disparities, and weakens state legitimacy. On the other hand, agrarian reform that is implemented comprehensively, including land redistribution, farmer empowerment, recognition of indigenous peoples rights, and integration with the sustainable development agenda can be a path to social justice as mandated by Pancasila and the Constitution.
- Research Article
- 10.30659/picldpw.v5i0.50181
- Dec 27, 2025
- Proceeding of International Conference on The Law Development For Public Welfare
- Suparmi Suparmi
The concept of recognizing the rights of customary law communities is outlined in the 1945 Constitution of the Republic of Indonesia Article 18B paragraph (2) of the 1945 Constitution which explains that the State recognizes and respects customary law community units and their traditional rights as long as they are still alive and in accordance with developments. public. Customary law communities will be recognized as still alive and in accordance with the development of society and the principles of the Unitary State of the Republic of Indonesia. The principle of Licensing for the Use of Customary Law Community Forests is a government policy in directing certain activities in protecting Customary Law Community Forests. Licensing instruments can prevent the danger of loss of indigenous communities' forests. The licensing instrument divides a small number of objects. Permits provide direction by selecting people and activities. Control of forests by the state continues to pay attention to the legal rights of indigenous peoples, as long as their existence still exists and is recognized, and does not conflict with national interests and the existence of respect for the rights of indigenous peoples. In this case, the state does not have the legal power to make customary forests into state forests.
- Research Article
- 10.30659/picldpw.v4i0.50089
- Dec 26, 2025
- Proceeding of International Conference on The Law Development For Public Welfare
- Nenny Probowati
In the increasingly advanced digital era, protecting the human rights of indigenous peoples is an increasingly urgent issue to be discussed. Customary law communities are vulnerable to various new risks and challenges that arise in the context of information and communication technology. The aim of this research is to discuss the importance of ensuring that human rights, including the rights of indigenous peoples, are recognized, respected and protected in the digital realm. This includes protecting privacy, freedom of expression, and upholding local wisdom and culture. This research method is descriptive analysis, with data collection techniques in writing this article carried out using library research. The results of this research provide the basis for policy recommendations aimed at improving human rights protection for indigenous peoples in the digital realm. We also highlight the importance of education and advocacy in raising awareness of these issues among indigenous peoples and other relevant parties. It is hoped that this research can make a significant contribution in strengthening human rights protection for indigenous peoples in the ever-growing digital era. Thus, protecting the human rights of indigenous peoples in the digital realm becomes an integral part of efforts to create an inclusive, just and civilized digital environment for all parties.
- Research Article
- 10.1177/11771801251404812
- Dec 24, 2025
- AlterNative: An International Journal of Indigenous Peoples
- Binota Moy Dhamai
This article discusses the recognition of Indigenous Peoples’ rights to participate in decision-making processes that affect them, as outlined in the United Nations Declaration on the Rights of Indigenous Peoples (UNDRIP). It focuses on how peoples self-identified as “Indigenous Peoples” can engage in the United Nations system, particularly in the Human Rights Council (HRC). This article emphasises the significance of equal participation for Indigenous Peoples in the HRC and presents views on participation principles, criteria, and mechanism. The author argues that granting Indigenous Peoples “observer” status would enhance their direct participation in HRC meetings, strengthen their rights in line with international human rights law, and contribute to broader progress on human rights and global governance.
- Research Article
- 10.24144/2788-6018.2025.06.3.15
- Dec 22, 2025
- Analytical and Comparative Jurisprudence
- A O Puhach
In the article were analyzed key approaches to understanding the environment using the example of establishing the relationship between the task of mitigating negative consequences and human activity during armed conflicts – namely, through the example of the Vietnam War and the use of chemical weapons during one of its operations, which gave impetus to the development of environmental jurisprudence. Such approaches can be traced from philosophical ones – such as environmental ethics, environmental justice, deep and social ecology, the animal rights movement, and ecofeminism – to legal ones, specifically the approaches through human rights, rights of nature, and rights of future generations. In this context, a distinction was made between anthropocentric and ecocentric lenses for analyzing environmental harm, where preference is given either to understanding it through harm to people and the impact on human groups, or attention is focused on the consequences for the environment per se. Furthermore, the author explored the vision of ecocide as a form of genocide in foreign doctrine, using the example of the rights of Indigenous Peoples in Australia, Kenya, and the Americas. A conclusion was drawn regarding the further prospects and challenges of such regulation, particularly its inadequacy and focus on harm to a human group. However, it was noted that such an approach may become relevant for Ukraine as well, using the example of an indigenous people like the Crimean Tatars, and therefore may require further development. Next, the article analyzed the groups of approaches to the criminalization of ecocide proposed by foreign doctrine – namely, the Incremental school, the Relational Ontology school, the Social Utility school, and the Ecocentric Priority school. Using these as examples, the divergence between anthropocentric and ecocentric approaches in doctrine was shown. The potential elements of the international crime – in particular, the level of intent (the subjective element) – depend on the approaches proposed by these schools. Attention was also drawn to the challenges in choosing the ecocentric direction – namely, their application to the already ordered system of international criminal law, including concerning new categories of victims.
- Research Article
- 10.21564/2311-9640.2025.24.343548
- Dec 20, 2025
- Herald of the Association of Criminal Law of Ukraine
- Anastasiia Puhach
In the article were analyzed key approaches to understanding the environment using the example of establishing the relationship between the task of mitigating negative consequences and human activity during armed conflicts – namely, through the example of the Vietnam War and the use of chemical weapons during one of its operations, which gave impetus to the development of environmental jurisprudence. Such approaches can be traced from philosophical ones – such as environmental ethics, environmental justice, deep and social ecology, the animal rights movement, and ecofeminism – to legal ones, specifically the approaches through human rights, rights of nature, and rights of future generations. In this context, a distinction was made between anthropocentric and ecocentric lenses for analyzing environmental harm, where preference is given either to understanding it through harm to people and the impact on human groups, or attention is focused on the consequences for the environment per se. Furthermore, the author explored the vision of ecocide as a form of genocide in foreign doctrine, using the example of the rights of Indigenous Peoples in Australia, Kenya, and the Americas. A conclusion was drawn regarding the further prospects and challenges of such regulation, particularly its inadequacy and focus on harm to a human group. However, it was noted that such an approach may become relevant for Ukraine as well, using the example of an indigenous people like the Crimean Tatars, and therefore may require further development. Next, the article analyzed the groups of approaches to the criminalization of ecocide proposed by foreign doctrine – namely, the Incremental school, the Relational Ontology school, the Social Utility school, and the Ecocentric Priority school. Using these as examples, the divergence between anthropocentric and ecocentric approaches in doctrine was shown. The potential elements of the international crime – in particular, the level of intent (the subjective element) – depend on the approaches proposed by these schools. Attention was also drawn to the challenges in choosing the ecocentric direction – namely, their application to the already ordered system of international criminal law, including concerning new categories of victims.
- Research Article
- 10.36368/jcsh.v2i2.1286
- Dec 17, 2025
- Journal of Community Systems for Health
- Ingelise Olesen + 1 more
Introduction: Health research in Kalaallit Nunaat (Greenland) has traditionally focused on risk factors and deficits, often without being grounded in Kalaallit Inuit knowledge systems or led by Indigenous researchers. Such approaches have limited relevance for communities and may undermine ethical engagement. This paper presents Peqqissuserput (“Our Health”) and the principles we work from at Innuttaasut Peqqissusiannik Ilisimatusarfik (Centre for Public Health in Greenland) research model starting from a place of strengths to support Kalaallit Inuit communities to continue to thrive and ensure that our research is ethical and meaningful. Methods: The model was developed through an iterative process spanning two decades of community-engaged research conducted at Innuttaasut Peqqissusiannik Ilisimatusarfik (Centre for Public Health in Greenland). The work draws on long-term partnerships with Kalaallit Inuit communities, national population health surveys, qualitative studies, sharing circles, lived experience, and dialogue with Indigenous research centres across the Arctic. The model is informed by key ethical frameworks, including the Circumpolar Inuit Protocols for Equitable and Ethical Engagement, the United Nations Declaration on the Rights of Indigenous Peoples, and Greenland’s National Research Strategy. Results: Peqqissuserput is grounded in the concept of peqqinneq, a culturally specific understanding of balance and well-being rooted in relationships with people, land, animals, and Sila. At its core is the metaphysical triad of timi (body), tarneq (mind), and anersaaq (spirit), surrounded by eleven interrelated elements. These include both well-established social determinants of health and culturally specific dimensions such as language, family and relationships, joy of community, local values, country food, and connection to nature and animals. Five guiding principles underpin the model, emphasizing respect for Inuit knowledge systems, language, humility, storytelling as evidence, and commitment to the common good. Conclusion: Peqqissuserput represents a shift from deficit-based health research toward a strengths-based, culturally grounded framework rooted in Kalaallit Inuit ways of knowing and being. The model offers a practical and ethical pathway for researchers, policymakers, and practitioners to work in partnership with communities to understand and promote health and well-being in Kalaallit Nunaat.
- Research Article
- 10.14746/ppr.2025.37.2.2
- Dec 17, 2025
- Przegląd Prawa Rolnego
- Radosław Pastuszko
This article aims to establish a theoretical framework for the concept of the right of access to agricultural land (agricultural land resources) as a mechanism for safeguarding human rights in the context of land acquisitions. According to contemporary soft law instruments, the right of access to agricultural land may be recognised as an autonomous concept. This concept is characterised by a specific dualism, encompassing both the individual and collective dimensions. The article analyses the mechanisms of human rights violations resulting from large-scale land acquisitions, paying particular attention to the right to food, property rights, and the collective rights of indigenous peoples and local communities. The right of access to agricultural land is a broader concept than the classic right of ownership. It encompasses various forms of land tenure, including customary and informal ones, and requires the application of different protection mechanisms for the individual and collective dimensions.
- Research Article
- 10.24135/teacherswork.v22i2.692
- Dec 11, 2025
- Teachers Work
- Fleur Hohaia-Rollinson + 1 more
This article examines Indigenous children’s rights and early learning through a framework grounded in Te Tiriti o Waitangi, mātauranga Māori, and international Indigenous education policy. Drawing on the United Nations Convention on the Rights of the Child and the United Nations Declaration on the Rights of Indigenous Peoples, it argues that children’s rights cannot be meaningfully realised without Indigenous authority over language, culture, and education. Situated in Aotearoa New Zealand, the paper critiques the dominance of Western developmental models in early learning and positions Māori concepts of relationality and kaitiakitanga (guardianship) as foundational to rights-based pedagogy. Comparative examples from Hawai‘i, Canada, and Australia illustrate how Indigenous-led governance and language frameworks operationalise children’s rights through community authority rather than institutional inclusion. The article concludes that genuine transformation requires structural change beyond symbolic recognition, including shared governance with Indigenous communities, mandated professional learning in Indigenous pedagogies, and policy frameworks that centre Indigenous knowledge systems as foundational rather than supplementary.
- Research Article
- 10.1017/cyl.2025.10031
- Dec 10, 2025
- Canadian Yearbook of international Law/Annuaire canadien de droit international
- Gib Van Ert + 2 more
United Nations Declaration on the Rights of Indigenous Peoples — status in Canadian law — Indigenous children, youth, and families
- Research Article
- 10.3390/laws14060096
- Dec 10, 2025
- Laws
- Shilpi Pandey
This article examines the persistent legal invisibility of the Kashmiri Pandits within international frameworks on indigenous rights and internal displacement. Despite meeting definitional criteria under the United Nations Declaration on the Rights of Indigenous Peoples (UNDRIP) and the Guiding Principles on Internal Displacement, the community remains unrecognised as either indigenous or internally displaced. Drawing on Third World Approaches to International Law (TWAIL), constructivist norm diffusion and decolonial intersectional critique, this article argues that this exclusion arises not from normative ambiguity but from geopolitical selectivity and epistemic suppression. Through doctrinal analysis of India’s treaty commitments, including its accession to the Genocide Convention (1959) and its interpretative reservation to Article 1 of the International Covenant on Economic, Social and Cultural Rights (ICESCR) and International Covenant on Civil and Political Rights (ICCPR) (1979), this study reveals how recognition is constrained by state narratives of sovereignty and secularism. Supported by evidence from the NHRC inquiry, IDMC displacement data, and comparative experiences such as Native American recognition this paper demonstrates that categories of protection in international law are applied unevenly, depending on political compatibility rather than legal principle. It calls for renewed engagement with epistemic justice and narrative accountability in rethinking indigeneity and displacement in postcolonial contexts.
- Research Article
- 10.1163/22116427_016010005
- Dec 5, 2025
- The Yearbook of Polar Law Online
- Kaito Suzuki + 1 more
Abstract In 2020, the Inuit Circumpolar Council ( ICC ) expressed concern regarding terminology that confuses Indigenous Peoples with ‘local communities’, emphasizing Indigenous peoples right to self-determination, which was first recognized in the United Nations Declaration on the Rights of Indigenous Peoples. This study examines the possible distinction between the terms Indigenous peoples and local communities, focusing mainly on the different traits of development between international environmental and human rights laws. On the one hand, this study points out that the ICC ’s arguments have several limitations. First, it indicates the ambiguity of the definitions of ‘Indigenous peoples’ and ‘local communities’. Second, it clarifies that the United Nations Declaration on the Rights of Peasants and Other People Working in Rural Areas now recognizes the collective rights of local communities, including their rights to land and resources; thus, closing the gap between ‘Indigenous peoples’ and ‘local communities’ remains a relevant issue even in international human rights law. Still, this study acknowledges the importance of the arguments raised by the ICC . In particular, their concern that the rights to self-determination of Indigenous Peoples, as achieved in the UNDRIP , could be diluted if they are treated on an equal footing with local communities is crucial. If Indigenous peoples continue to emphasize their distinction from local communities at the national and international levels, and if this receives some support from States, then new developments can be expected.
- Research Article
- 10.47134/ijlj.v3i2.5193
- Dec 4, 2025
- Indonesian Journal of Law and Justice
- Ridho Harapan Bunda + 3 more
This study examines the role of customary law in environmental management in the Rokan Hulu Area and its disharmony with state law. Customary law has strong ecological value through practices such as prohibition loopholes, customary forest management, and restrictions on resource exploitation. However, its implementation is often hampered by formal policies that do not consider the customary rights of indigenous peoples, especially in the licensing process. Through normative juridical analysis with legislative and conceptual approaches, this study finds that the integration of customary law and state law needs to be strengthened through ecological justice approaches and participatory mechanisms. The results of the study confirm that customary law has the potential to become a model of sustainable environmental management if supported by operational regulations, strengthening customary institutions, and collaboration between the government, indigenous peoples, and academics. These findings are relevant for the development of national environmental policies and the achievement of sustainable development goals.
- Research Article
- 10.1111/aec.70157
- Dec 1, 2025
- Austral Ecology
- Vanessa M Adams + 2 more
ABSTRACT The Convention on Biological Diversity Kunming‐Montreal Global Biodiversity Framework (KM‐GBF) was endorsed in 2022. This framework was designed to guide biodiversity conservation efforts globally, to not just halt the loss of biodiversity but to improve it. The emerging prominence of spatial planning as a means to these lofty ends is notable in the KM‐GBF, as it requires signatories to ensure that all areas within a country are under Participatory Integrated Biodiversity Inclusive Spatial Planning (PI‐BISP) to bring the loss of areas of high biodiversity importance and ecosystems of high integrity close to zero by 2030, while respecting the rights of Indigenous Peoples and local communities (Target 1). Furthermore, there are spatial planning requirements in at least a further five targets which guide on‐the‐ground management and broader policy for protecting, conserving, managing, and restoring nature. Here, we review the history and context of systematic conservation planning, as a discipline born out of an application (and subsequent publication) by Jamie Kirkpatrick in 1983 across the central east coast of Tasmania. In doing so we consider the planning theory which influenced systematic conservation planning, the tools which have been developed to bridge plans and implementation, and forward‐looking innovations needed to deliver on the KM‐GBF goals.