Indigenous Self-Determination & Kosovo Independence Analysis

This report provides an overview of the right to self-determination for indigenous peoples, examining its historical context, legal aspects, and practical implications. It defines indigenous people and their unique cultural, social, and political characteristics, emphasizing their marginalization and t...Read More

SELF DETERMINATION
OF INDIGENOUS
PEOPLE

Table of Contents
INTRODUCTION...........................................................................................................................1
Indigenous people...................................................................................................................1
Self determination..................................................................................................................3
Right for self determination....................................................................................................4
Self determination for the indigenous people.........................................................................5
Kosovo’s independence recognised in 2011 by the UN.........................................................7
Kosovo war.............................................................................................................................8
Post war..................................................................................................................................8
Minorities and their self determination..................................................................................9
CONCLUSION..............................................................................................................................10
REFERENCES..............................................................................................................................12

INTRODUCTION
Indigenous people are those people which have their unique and own culture, tradition,
language, ethics etc. They are native or aboriginal to the area they live in and are culturally
distinct communities and societies. The report induces the right of self determination of
indigenous people where they have right to determine the own social, economic and cultural
development. The report also consist the Kosovo independence where minority people are
Serbs and they should have given the right of self determination.
Indigenous people
It is being estimated that in the 70 countries, there are more than 370 million people
are indigenous in all over the world. These are the people which practice unique tradition and
retain cultural, economical, social and political features and that are different from those
societies they live. They are spread across the whole world from the Arctic to the south
pacific. Mostly these people live in the remote areas of the globe. These are divided into more
than 5000 people who rang from the forest people of the Amazon to the tribal people of the
India and from the American Indian of the Arctic to the native Australian in Australia. They
are not necessarily claim to be only the native people of the countries but they are native or
aboriginal to the area they live in, being posterity of those individual that inhabited a district
prior to colonisation of the present state. These people are those who have their own culture,
values, religion, ethics, language, political and social institution that are distinct from those
people that live in the mainstream society (Wright and Jack, 2016). There are very important
dis-similarities in their identity and rights, while they feel same experience of the
marginalisation and determination as to the other ethnic minorities. They are culturally
distinct communities and societies.
The resources they use and the land at which they survive are according to their
culture, identity, physical, spiritual well being and livelihood. They are 5% of the global
people out of which 15% are externally poor. They use occupy, own and use one third land of
the world and safeguard 80 % of the world's biodiversity (Sanchez and Rosa, 2016). Some of
them are biologically crucial waters and lands are intact as a result of Indigenous Peoples’
position. They have vital inheritable expertise and knowledge to that how to move, adopt and
decrease the risk for the natural disaster and climate change. Thus, only a portion of these
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areas are formally acknowledged by states, whether they are area where theose Peoples
traditionally possessed under customary title.
Access to the good resource governance, capacity building and tenure to the other
intervention will enhance their situation. This will need, sustainable economic livelihood and
growth, culturally appropriate conservation and development as well as techniques to address
the multiple factors of disadvantage which is taken into view for the special need of the
development. While consideration of the diversity of the indigenous people, indigenous is
defined as people which is not adopted by any system or body (Sushames and Gebel, 2016).
The modern understanding of this term is based on the different aspect, that are as follows:
 The self identification of the indigenous people at the individual level is approved by
the community and their member.
 They have strong connection to the different surroundings and territories natural
resources
 They follow different social political and cultural system.
 They have different language beliefs and culture.
 They form non dominant group of society
 The resolve reproduce and maintain the natural environment and system as the
distinctive communities and peoples.
According to the UK, the most fruitful approach to find the indigenous people is to
identify them rather than define them (Pilger, 2016). Which is connected to the fundamental
creation of the self-identification which is underline in the numbers of the human rights
documents.
The term indigenous is being obtain as the generic term from the many years. They
have been given with the other preference names that are first people or nation, tribes, ethnic
group and janajati. Other geographical and occupation names are peasant, hunters, hill people
and gatherers etc. And in the practical term they are called as indigenous people. They are
classifies on the basis of two categories, that are as follows:
Knowledge and culture:
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Indigenous people are the holders of different and unique knowledge, system, beliefs
and language and have that knowledge which help them to safe guard the natural resources.
They have different relation with their conventional land and know how to use them. Their
land have the fundamental importance for their collective cultural and physical survival as the
people (Cerón and Flores, 2016). They hold their own different concept for their development
which is based on their need, priorities, vision and values.
Political participation:
These people often negligent the other segment of societies and their affairs such as
lack of political participation and representation, economic poverty and marginalisation and
lack to the access to determination and social service. Despite their cultural differences with
the other people, they share common problem also which is related to the protection rights.
The try to recognise their identities, their rights for their traditional land, their way to live and
territories and natural resources.
Self determination
It is the right of all the people to shape the own social, cultural and economic
development. According the international Court of justice. It communicates that individual,
based on regard for the law of fair position of opportunity and equal rights, have the duty to
freely choose their self-rule and global political status without any interference. This concept
was first expressed in the 1860's and after that it have spread rapidly. After first World war the
principle was motivated by the Woodrow Wilson and Vladimir Lenin and after the Second
World War it was included in the Atlantic Charter which was signed in the year 1941. It was
signed by the President of USA Franklin D. Roosevelt and the Prime Minister of UK Winston
Churchill.
There are some legal aspects which is related to the self-determination that is classifies
under two categories, that are external and internal. Internal is the duty of the people of that
state to regulate them without any outside intervention. And external is the duty of the people
to identify their political system and free from the different align system and formation of
their own state independently (Wright and Jack, 2016).
Right for the self determination In the international law have been recognised in the
1980's and was interrupted as the duty of all colonial district to turn self-directed or to adopt
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any other position and they are free to choose. Ethnic and other group with the different
colonies not have the right to make them separate from the people of the territory as the
whole. In the today's world the self determination is connected with the different human rights
and norms which is related to the indigenous people and minorities.
The principle of self determination is given twice in the Charter of UK which is
collected with the friendly relationship with the different nations and principle of equal rights
(Sanchez and Rosa, 2016).
Right for self determination
There is no university accepted agreement for the right to self determination but it is
agreed that it is the right of the people to have control over their diversity and to be treated in
the respectful manner, which includes the countries and their people are to enhance their
economic, cultural and social development. Australia is the one who have given seven human
international rights from which two articles is given for the self determination that is of
International Covenant on Economic, Cultural and Social Rights and International Covenant
on Civil and Political Rights (ICCPR). It is the right that pertains to the different group of
people not for the single individual (Pilger, 2016). These includes two concepts that is rights
of all peoples to engage freely their economic, cultural and social development without any
outside interference and that 'Governments are to stand for the whole population without
determination as to grouping, colour, ethnic origin or descent or national.
All the individual have the right to be self determination, with the worth of this right,
they are free to determine their position for politics and they are free to develop their
economic, cultural and social. All the people at their ends where they have disposed resources
and wealth without any pre-justice to any laws and obligation which is coming out of any
international economic corporation. This is based on the principle of international law and
mutual benefits.
The Theory for self determination
The first stage towards the finding the self determination is to be accept on the
explanation of the term. There is large data written on it, the precise explanation always
remains elusive. As the self determination is the partially unclear concept due to their meaning
and application that have not been formulated in the agreed way (Cerón and Flores, 2016).
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The idea of have been generated from the Enlightenment period of late eighteenth and
19th centuries. As the law have been started, it has become important for the international legal
address is its expression in the French and American Revolutions. There have been two model
for it that is classical and secessionist.
The classical school of thoughts of the self determination states have been dependent
on the patriotic beliefs and values. It understands that the nation who collects the people that
can make the rational decision are grouped together in the society (Wright and Jack, 2016).
The secessionist school is arguably what Grotius had in brain when he discussed the
notion of Jus Resistendi Ac Secessionis. This is more important than the institute of the
authorities of the society. It is taken up less with the effective business activity of the
organization of authorities through which favourite will is expressed, and more with the
neutral to which this will is exercised and whether it evident in an authentic community.
Self determination for the indigenous people
The principle for the self determination has been represented as the most important for
the human rights. It is most significant for the indigenous people in the countries where there
are colonies. This have been made so that they would have been given the relationship and
jurisdiction with the government states (Sanchez and Rosa, 2016). There is development of
the international law which have been made for the four specific European biases that are
geographic Europe as the centre, Christianity, political imperialism people and mercantile
people all over the world. As in the UK, indigenous people are being dispossessed from their
land, murdered and being prevented so that they can not access the human rights.
An international law have been entered as a new phase to response for the self
determination against the minorities and indigenous people in the world. It was established
after the first world war of the 20th Century. It has been made for the growing concern for the
world peace and the human rights. As the development of the international human rights made
for the potential to the non-citizen and minor states across the boarder. The framework has
been made so that they can maintain sovereignty of the member countries which allow them
to the grater interference with the state sovereignty where ever it is needed. They have opened
for grater protection of the actors which includes indigenous people. The principle have made
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is critical to the development of different human rights legislation, yet it has been the biggest
issue of the indigenous people in the world (Sushames and Gebel, 2016).
The principle of self determination have been entered into the political discloser in the
period of first world war. It was signed by the President of USA Franklin D. Roosevelt and
the Prime Minister of UK Winston Churchill, in order to promote the nation of self
determination with the Western democratic liberal ideals on the basis of inter-national peace.
The focus have been shift from the international law to the protection of the state integrity to
serve to protection of the society well being (Pilger, 2016).
With the end of second world war, the momentum have been got by the human rights.
The charter of the UN, have got the authoritative and formal expression to the human rights
and sought to promote the utilisation of the treaties and other legal mechanism to promote the
peace and social and economic development. With this purpose, the key was self
discrimination where they have to maintain the friendly relationship among the different
nation and people of the self nation (Subotić, 2016).
At that time the process for the self determination was crucial in terms of sovereignty
and this initially was not considered in the principle of the legal rights in the Charter. Their
main objective was to liberate different district which is help under the colonial rule. During
the activity of decolonisation procedure Self discrimination was utilised as the tool to satisfy
the needs for the external self discrimination by stop allowing the spiritual and cultural
political orientation that is imposed by the outside agencies. To commitment for the self
discrimination for governing the territories by self is inherent in the Charter (Cross, 2016).
`The indigenous population have been more than 300 million which is spread across
the world. International low have been made to finish the colonisation from the 1920's and
indigenous people sought to access the remedies and protection of their institution. ILO is the
first legal international organization that have made different standard to protect the
indigenous people through the development of various conventions during the 1930's which
communicate the working condition of them. In the year 1970, the first lead have been
development of the international instrument to recognise the rights of indigenous people.
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Kosovo’s independence recognised in 2011 by the UN
Kosovo is the dispute partially and territory recognised state in the southern Europe
that have been announced independence in the 2008 by Serbia. As the Republic of Kosovo, It
is the landlocked in the central area of Balkan Peninsula (O'Neill, 2017). With this they have
important link with the southern and Central Europe, the Black and Adriatic sea. The largest
city of the Kosovo is Pristina and the major cities includes Prizren, Peć and Gjakova. The past
decades of the Kosovo history, it was described by the Vinča and Starčevo cultures. During
the Greco-Roman period, it was inhabited by the Illyrian-Dardanian and Celtic people. In 168
BC, the country was annexed by the Romans. There was battle taken place in the year 1389
which was considered as the most defining moments in Serbian medieval history. At the
recent time, it was the part of Ottoman Empire from the 15th to the 20sth century and it has
made the centre of the Albanian national awakening. There was first world war which is taken
Kosovo Albanian and Serb communities and both the countries was joined at the time of
Yugoslav Unitarianism in the Kingdom and after the second world war their constitution
accepted the Metohija and Autonomous Province of Kosovo within the Yugoslav part
Republic of Serbia. There were several stress which was taken between them by which the
Kosovo war have been taken place in the year 1998 to the year 1999 by which Serbian armed
forces have been withdrawal and there was creation of United Nations Interim Administration
Mission in Kosovo and by the year 2008, they have been given independence (Pavasović
Trošt, 2016).
Kosovo has an area of the 10887 square kilometres which lies between longitude 20 to
22 degree East and latitude of 42 to 43 degree North. The border of the Kosovo is 463 miles
of 702 km long the border of Macedonia to the South-west is 112 km, central Serbia to the
North-east is 352 km, Albania to the South-West is 112 km and Montenegro to the west is 79
km (Visoka and Doyle, 2016). Most of the area is mountainous and the highest peak is
Deravica with the 2656 meters which is 8714 ft. the main rivers is White Drin which run
towards the Adriatic Sea. The forest of Kosovo is 39.1 % on an average, 52% is agricultural
land, 31 is pastures and 69% is covered by the arable.
Vinča culture is also called as Turdaș-Vinča culture which is the archaeological one
where iot is being implimented in the Cental and Southern Europe. Basis of typological
matching, that Vinča and other Neolithic cultures are belog to the 'Dark Burnished Ware'
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complex were the goods are migrated from Anatolia to the Balkans. The Starčevo culture is
also same as Vinča wher The village Starčevo, the type site, is placed on the north bank of the
Danube in Serbia which is opposite to the Belgrade (Subotić, 2016).
Kosovo war
There were ethnic tension was created between the Serb communities and Kosovo
Albanian where there was large problems created in the year 1980 in the Kosovo. In the year
1989 the president of the Serbian Slobodan Milošević was employing the mix of aggression
and governmental manoeuvring, forceful reduced Kosovo's special independent status within
started cultural persecution of the ethnic Albanian people and Serbia They respond with the
non-violence separate motion. Employing general civil noncompliance and creative activity of
parallel construction in education, medical care and taxation with the ultimate motive of
gaining the Kosovo independence.
In the 1990, they proclaim the exercise of the Kosovo republic, and announced it a
independent and sovereign state in 1992. In the may 1992 Ibrahim Rugova was made as the
president of the Kosovo by organising the election. In the entire life, only the Kosovo have
been republic by the Albania. Again in the year 1996, the KLA Kosovo Liberation Army have
sought change of Kosovo and the creation of the Greater Albania have dominated over their
non-violence and had attack over the Serbian police in Kosovo and Yugoslav Army which
again result in the Kosovo war. In the year 1998, the international pressure forced Yugoslavia
to made the agreement of ceasefire and withdraw as security forces (Subotić, 2016).
Post war
On the 1999, the UN security council pave taken the UN Council for the Security
resolution 1244, which placed (UNMIK) Kosovo under transitional UN administration and
authorised Kosovo Force (KFOR), a NATO-led peacekeeping force. They have estimated that
Serbs who migrate when the Serbian people left which vary from the 65000 to 25000 and
19400 are living in Kosovo. The Serbs who are still in the Kosovo have to face non-violence
whether they are in the urban or rural areas. Again in the year 2006, the inter-national
negotiation have taken place which determine the final status of the Kosovo. In the year 2007,
Ahtisaari have transferred the draft of the settlement of the proposal for the supervised
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independence. The draft resolution have been backed by the UK, US and other European
members (O'Neill, 2017).
The Kosovo was declared independent on 27th February 2008, since with the
independence, it has turned the member of the international institute such as World Bank abd
International Monetary fund. The eld of Serb Kosovo, which greatly argue the declaration of
independence and have formed the Community Assembly of Kosovo and Metohija. The
conception of the assembly was disapproved by the President of Kosovo Fatmir Sejdiu and
UNMIK communicated that do not take this assembly as the serious issue because this not
play the operational role. On October 2008, the UN General Assembly solved on a agreement
by Serbia, to inquire the International Court of Justice to provide an consultative thought on
the lawfulness of Kosovo's declaration of independence (O'Neill, 2017).
The agreement is still to be refiled by the parliament where some cooperation have
taken between the government where both the parties have reached to the Brussels agreement
where EU negotiate that agreement that the minority of the Serb given their own court of
appeal and police in Kosovo.
Minorities and their self determination.
The relation between the Kosovo people and the Serbs have been belligerent after the
rise of Nationalism in the 19th century in the Balkans. At the time of communism in the
Yugoslavia, the Serbs and the ethnic Albanians were largely inconsistent with the sociological
studies at the time of Tito era which indicate that they don't accept each other as the friends or
neighbours but few of them have inter-ethnic marriage. From the many decades the
Stereotyping, mutual distrust and Ethnic prejudices have been remained common (Pavasović
Trošt, 2016). The level of change of integrity and intolerance between both of the parties at
the Tito period was had been rumored by the Sociologists. This have become the worst case
that of Serb people and Croat in the Yugoslavia. This have created the tension between both
the parties. They have planned to integrate as the Kosovar, despite of planning, the Egyptians
Romani and Ashkali face several differences such as discrimination, segregation in the
education, housing, employment, health and social welfare.
Many camps have been made around the Cosovo to continue the housing activity for
the thousand of Internally displaced people and all then minorities, communities and groups.
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Most of Romanies thinks that they have been considered as the Serbs in the conflicts that have
taken portion in the general robbery and destruction of Albanian property, Minority Rights
Group of the International reports that Romani people clash hostility by Albanians external
their local areas (Visoka and Doyle, 2016).
In the year 2007, Kosovo have been divided in the 30 municipalities and now they are
divided into 38 and subdivided into seven distinct according to the Brussels agreement of
2013 and Kosovo law. These municipalities are altogether been in progress to create a
community all-embracing around 90% of the Kosovo population of Serb. The total
population is estimated between the 1.9 to 2.2 million have the ethnic composition from which
4% are Serbs, 92% is Albanians, 1% id Romanias, 2% is Gorans and 1% is turks. According
to the CIA world Fact book, there is 88% is Kosovo Serbs and 4% is ethnic group (Subotić,
2016).
There is stidely increase in the number of the Albanians which constituted a most of
the Kosovo from the nineteenth century and the outside of the Kosovo, there is also existence
of majority of the Kosovo Albanians such as in the Macedonia, Presevo Valley etc.
There is 4% of the Serb that are in the Kosovo are considered as the indigenous
people, these individuals lived since the eleventh century and have 1200 to 1455 Kosovo are
the portion of Serbian Kingdom. This had happened when the significant Christian orthodox
sites were made in the Kosovo. There was the conflict take place between the Christian
orthodox and the Kosovo people. Romanies are the 1% of Kosovo population where these
people speaks their own language that is Romany. They have the dispersed group with a
important number left over displaced after the aggression of 1999 and 2004, mostly in camps
in Serbia and Kosovo. The Romas and the Serbs are the most discriminated group in the
Kosovo. They have been given the right of the self determination against the indigenous
people (Cross, 2016).
CONCLUSION
It can be concluded from the project report that indigenous people are those who have
their own unique tradition and retain economical, political, social and cultural features. They
are different from the society where they live. There is around 370 million people are
indigenous in all over the world. The resources they use and the land at which they survive are
10

according to their culture, identity, physical, spiritual well being and livelihood. The report
includes the right of self determination of the indigenous people where they have the privilege
to develop their own social, economic and cultural development. The report also consist the
independence of Kosovo and rights of self determination of Serbs and Romas which have 8%
of stake.
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REFERENCES
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Michael Wood." (2017): brw014.
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Cross, Matthew E. "Equipping the Specialist Chambers of Kosovo to Try Transnational Crimes:
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Opinion." (2017).
Edwards, Sarah. "Reconciliation as a form of Cultural Catharsis: The Role of Theater in
Revitalizing Kosovo-Serbian Relations." (2016).
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Social construction of the Self and the Other." (2016): 1-3.
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in Kosovo." Journal of International Arbitration 33, no. 5 (2016): 501-523.
Visoka, Gëzim, and John Doyle. "Neo‐Functional Peace: The European Union Way of Resolving
Conflicts." JCMS: Journal of Common Market Studies 54, no. 4 (2016): 862-877.
Newman, Edward, and Gëzim Visoka. "The Foreign Policy of State Recognition: Kosovo’s
Diplomatic Strategy to Join International Society." Foreign Policy Analysis (2016): orw042.
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Seymour, Lee JM. "Legitimacy and the Politics of Recognition in Kosovo." Small Wars &
Insurgencies 28, no. 4-5 (2017): 817-838.
Kaneva, Nadia. "THE BRANDED NATIONAL IMAGINATION AND ITS LIMITS: INSIGHTS
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