engleski

The Legal Development of Indigenous Peoples' Rights in Contemporary International Law

Over the centuries, and in a number of states, indigenous peoples have been the victims of prejudice, marginalisation, discrimination, violence, enforced relocation, confiscation of property, war and conflict, etc. They have been unable to preserve their indigenous customs and culture, and have been denied access to the territory they have traditionally resided in. Indigenous peoples are beyond any doubt one of the most endangered, marginalised and oppressed groups of people in the world. They are also largely deprived of their rights. Today indigenous peoples are dispersed throughout about 70 states in the world, and are divided into more than 5, 000 groups. They are settled in many states on all continents and often live in extreme conditions, from jungles to high mountain areas, and from deserts to Arctic ice. According to United Nations estimates, they number about 370 million. However, in most states it is really difficult to define their real number. A not insignificant number of indigenous peoples are generally known to the national and international public, e.g. Aboriginal Australians, the Maasai, Maoris, Mayans, Pygmies, Navajo, Bushmen, Sami, Tuareg, etc. Nevertheless, the international community has neither heard of nor is sensitive to the problems of the majority of indigenous peoples.// In accordance with raising and developing public awareness of the need to help these endangered groups, international and national movements and organisations have campaigned to improve the status of indigenous peoples. Indigenous peoples have, for the first time in history, started to gain recognition at the international level that they deserve and which is indispensable to their survival. Changes in international community awareness of the protection of indigenous peoples have brought about an abrupt change in policy towards indigenous peoples not only in the United Nations system, but also in International Law generally. New bodies for the protection of indigenous peoples have been set up within the United Nations system, while existing ones have been adjusted under the influence of new changes within the United Nations system for the protection of human rights. It is also important to point out the United Nations Declaration on the Rights of Indigenous Peoples, which was adopted by the General Assembly of the United Nations on 13 September 2007. With this action, the General Assembly adopted the most important international document proclaiming the fundamental individual and group rights of indigenous peoples around the world. Although the Declaration is a non-binding text, it represents a big step forward in the process of protecting the human rights of indigenous peoples. The Declaration was the outcome of more than 20 years of work within and outside the United Nations system.

indigenous peoples, human rights, international law

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