Legal Recognition and Rights of Indigenous Peoples under International Law

ILO Convention 169 and the UN Declaration on the Rights of Indigenous Peoples (UNDRIP) affirm the following rights:

1.    Self-Determination

UNDRIP Article 3:
Indigenous peoples have the right to self-determination. By virtue of that right they freely determine their political status and freely pursue their economic, social and cultural development.

ILO Convention 169 (Preamble):
Recognizes the aspirations of Indigenous Peoples “to exercise control over their own institutions, ways of life and economic development and to maintain and develop their identities, languages and religions.

2.    Land and Resource Ownership

UNDRIP Article 26:
Indigenous peoples have the right to the lands, territories and resources which they have traditionally owned, occupied or otherwise used or acquired.

ILO Convention 169 Article 14(1):
The rights of ownership and possession of the peoples concerned over the lands which they traditionally occupy shall be recognized.

ILO Convention 169 Article 15(1):
The rights of the peoples concerned to the natural resources pertaining to their lands shall be specially safeguarded.

3.    Cultural Preservation

UNDRIP Article 11(1):
Indigenous peoples have the right to practice and revitalize their cultural traditions and customs..."

ILO Convention 169 Article 5(a):
The social, cultural, religious and spiritual values and practices of these peoples shall be recognized and protected.

4. Free, Prior and Informed Consent

UNDRIP Article 19:
States shall consult and cooperate in good faith... to obtain their free, prior and informed consent before adopting and implementing legislative or administrative measures that may affect them.

UNDRIP Article 32(2):
"States shall consult and cooperate... in order to obtain their free and informed consent prior to the approval of any project affecting their lands or territories and other resources..."

ILO Convention 169 Article 6(2):
"The consultations carried out... shall be undertaken, in good faith and in a form appropriate to the circumstances, with the objective of achieving agreement or consent..."

Question:

To what extent are international and national legal systems effective in protecting the rights of Indigenous Peoples, particularly regarding land, culture, and self-determination?

Post your response in the comment section, then choose another response to reply with your opinion