Rights of Indigenous People: Advancements and Challenges

Running head: RIGHTS OF INDIGENOUS PEOPLE
Rights of Indigenous People
Name of the Student
Name of the University
Author Note

1RIGHTS OF INDIGENOUS PEOPLE
It is evident that, the nature of the self-determination framework as outlined in the United
Nations Declaration on the Rights of Indigenous People is such that it helped in advancing the
rights of the indigenous people to the large extent. It is noteworthy to mention here that, subject
to the nature of the discrimination, oppression colonization and assimilation of the indigenous
people all over the world, the sustainable development towards their well being remained
unidentified for ages. It is worth mentioning that in spite of several attempts made by the United
Nations Declaration on the Rights of Indigenous Peoples, the struggle to preserve the culture of
the indigenous people has not been identified1. In his regard, modern scholars emphasized that in
order to address the rights of the indigenous people in regard to the United Nations Declaration
on the Rights of Indigenous Peoples; it is important to identify and preserve their natural
environment and in such process exemplify the nature of the power depicted in the global
movement of the Indigenous people2. In the evidences provided by early researchers it can be
observed that power was mobilized by the powerful international social movements for the
purpose of addressing the violations of their rights. As a result of this, these indigenous people
brought their complaint and cases to the United Nations (UN). Long before it has been observed
that, Jose Martinez Cobo has been appointed and thereby he researched on the patterns of the
Indigenous People all around the globe3. In such process, he prompted the Economic and Social
Council for the purpose of establishing a Working Group on the Indigenous Population in order
to develop a declaration on indigenous people. It has been emphasized by modern authors that
after years of negotiation, the Declaration has been successful in highlighting the diplomatic
1 Sarfati, Diana, et al. "Improving the health of Indigenous people globally." The Lancet Oncology 19.6
(2018): e276.
2 Bruchac, Margaret, Siobhan Hart, and H. Martin Wobst. "Indigenous Archaeologies: A Worldwide
Perspective on Human Materialities and Human Rights." Indigenous Archaeologies. Routledge, 2016. 17-
28.
3 Ghebreyesus, Tedros Adhanom. "Improving the health of Indigenous people globally." The Lancet
Oncology 19.6 (2018): e277.

2RIGHTS OF INDIGENOUS PEOPLE
skills and the nature of the activism of the indigenous people of the world. It is noteworthy to
mention here that, the nature of the Declaration is such that the vibrant and global movement has
proved to be beneficial in reshaping the definitions and conceptualizations of the human rights,
development and the cultural environment4. According to the perspective of modern autocrats,
these indigenous people are already entitled to the human rights as depicted under the purview of
international law. In this context, mention can be made about their goals and visions along with
the articulations that how these rights can be addressed as they are distinct from those of the
dominant society. The nature of the Declaration is such that it affirmed the culturally distinct and
the self-determining character of the indigenous groups5. In this regard, the unique challenges
faced by them have been emphasized in relation to the current challenges faced by them.
In this regard the nature of the declaration is such that has been collaborating on the
existing standards of Human Rights which has proved to be beneficial in addressing the
challenges faced by individuals collectively and also in regard to the situations and experiences
faced by the indigenous people6. In the existence of various International instruments, the
Declaration has been considered as the most comprehensive and the advance form of an
instrument that has dealt with the rights and sandals of the indigenous people to the large extent.
It is worthwhile to refer here that under the purview of international law indigenous people play
a significant role in the process of negotiations made on their rights. Furthermore various
indigenous people, NGOs and other state actors had the opportunity to activate the rights in
4 Bruchac, Margaret, Siobhan Hart, and H. Martin Wobst. "Indigenous Archaeologies: A Worldwide Perspective on
Human Materialities and Human Rights." Indigenous Archaeologies. Routledge, 2016. 17-28.
5 Lenzerini, Federico. "18. The land rights of indigenous peoples under international law." Comparative Property
Law: Global Perspectives (2017): 393.
6 Cerón, Alejandro, et al. "Abuse and discrimination towards indigenous people in public health care facilities:
experiences from rural Guatemala." International journal for equity in health15.1 (2016): 77

3RIGHTS OF INDIGENOUS PEOPLE
regard to the Declaration however; the emphasis was made to its vision and potential. So far
various promises have been made by the declaration however it only achieved reviewed
International fulfillment7. Various evidences for in relation to the findings of the human welfare
mechanism advocacy company from human rights and Indigenous communities and various
other media today headlines media headline by demonstrating upon the nature of systematic
discrimination and marginalization which has been so for experienced by the indigenous
communities all over the world. It is noteworthy to mention here that various challenges have
been faced by the indigenous people all over the globe however the nature of the movement is
such that it cannot be ignored. From the very beginning the declaration has been standing as a
victory and as a statement of power to the existing indigenous communities who have been
struggling to build equitable and sustainable world of their own.
It can be observed that the declaration do not in any way defines the term indigenous
people as depicted in the conceptual framework. However, the provisions of article 33 of the
declaration have been referring to the rights of the indigenous people to the large extent. In this
regards their identities has been defined and determined at the same time in accordance with
their culture traditions and various underlying procedures belonging to the indigenous
communities. In regards to the common International Law there is no single definition in regards
to the indigenous people that would prove to be beneficial in defining the realisation of the rights
of the indigenous communities8. On the other hands there are several descriptive and underline
factors which has been commonly applied in order to indicate the condition of the indigenous
people. In order to indicate the condition of the indigenous people, these common factors may
7 Morgan, Rhiannon. Transforming law and institution: Indigenous peoples, the United Nations and human rights.
Routledge, 2016.
8 Jones, Peter. "Human rights, group rights, and peoples’ rights." Human Rights. Routledge, 2017. 277-304.