Chapter 6: Protecting Indigenous Rights through Law and Activism

CHAPTER 6: PROTECTING INDIGENOUS RIGHTS THROUGH LAW AND ACTIVISM

Companion Website by: Samuel Ellyson, Sydney Ryan, and Katelyn Bennett

TABLE OF CONTENTS:

• More About the Participants
  • Videos Featuring the Participants
• Chapter Study Resources
• Chapter Summary
• General Resources
  • Legislation on Indigenous Rights
  • Reports on Indigenous Rights
  • Background on Indigenous Rights
  • Videos
  • Podcasts
  • Books
• Resources Prompted by José Francisco Calí Tzay’s Section
  • United Nations Bodies
  • Regional Bodies
  • Protection of Indigenous Land
  • Case – African Indigenous
  • Case – Latin American Indigenous (Isolated Indigenous Peoples)
  • Case – Latin American Indigenous (Environmental Disarray)
  • Case – Asian Indigenous
  • Case – Asian Indigenous (Tourism)
• Resources Prompted by Cynthia Dacanay & Audrey Corce’s Section
  • Legal Documents
  • The Philippines Treatment of Indigenous Peoples
  • Cordillera Women’s Activism
  • The Cordillera
• Resources Prompted by Pablo Mis’s Section
  • Mayan Background
  • Mayan Leaders Alliance
  • Toledo Alcalde Association
  • Regional Body
  • Legal Documents
  • Programs for Study
• Take Action!
  • Proper Tourism
  • Fair Trade
  • Climate Justice
  • Online and In-Person Events
  • Social Media
• Contribute Resources!

MORE ABOUT THE PARTICIPANTS:

VIDEOS FEATURING THE PANELISTS:

CHAPTER STUDY RESOURCES:

CHAPTER SUMMARY:

Indigenous peoples around the globe have been subjected to gross human rights abuses for centuries.  Over the past few decades, a complex set of treaties, declarations, national laws, and institutions have been set up to advance the rights of indigenous peoples.  The key document is the UN Declaration on the Rights of Indigenous Peoples which was approved by the UN in 2007 and is now considered to have universal acceptance among State parties. The Declaration took almost 15 years to draft with input from hundreds of individuals and groups.  It lays out the minimal standards of individual and collective rights for indigenous peoples around the globe, laying out several categories of rights including the right to self-determination, cultural rights, self-governance, economic development, health rights, land rights, and the protection of sub-groups of indigenous peoples like the elderly, women, and children.  It is critical to note that as a declaration this document is not legally binding on state parties.  In addition, just because a state has agreed to the document does not mean that it respects indigenous rights. One of the main ways of getting around granting rights to indigenous peoples is to claim that the affected group does not qualify as indigenous.  

There are also provisions and institutions to protect indigenous rights in each of the regional human rights bodies in the Americas and Africa. The Inter-American system has a Rapporteur on the Rights of Indigenous Peoples and has developed a very robust jurisprudence on indigenous rights in its Commission and Court.  The African Commission of Human and Peoples’ Rights’ first topical working group was on indigenous peoples/communities established in 2000. However only recently has the African system made important decisions on indigenous rights. 

The UN Special Rapporteur on the Rights of Indigenous Peoples has a wide mandate, making country visit, presenting authoritative reports, and offering opinions on pending legislation and cases around the globe. The first testimony in this chapter is from the current UN Special Rapporteur discussing how the current drive to increase conservation areas has actually harmed indigenous peoples around the globe. He provides examples of these harms from Tanzania, Thailand, India, Nepal, Botswana, and Namibia. 

What is generally lacking in discussions about global indigenous rights are the decisions and processes that indigenous peoples make to advance their human rights during their decades of struggle.  The second and third selections below provide case studies of activism told by the activists themselves from the Maya people of Belize and the indigenous peoples of the Cordillera region of the Philippines.  The Maya of Belize have mixed traditional social movements and resistance with recourse to national and international laws, while the Cordillera people have mostly relied on organizing and protesting. Each group has fought for decades for their rights.

This chapter intersects nicely with indigenous peoples’ rights, decolonization, equality and non-discrimination, nation-building and human rights defenders. The discussion with Pablo Mis connects nicely with the chapter on strategic litigation. 

GENERAL RESOURCES:

LEGISLATION ON INDIGENOUS RIGHTS:

REPORTS ON INDIGENOUS RIGHTS:

BACKGROUND ON INDIGENOUS RIGHTS:

VIDEOS:

PODCASTS:

BOOKS:

RESOURCES PROMPTED BY JOSÉ FRANCISCO CALÍ TZA’S SECTION:

UNITED NATIONS BODIES:

REGIONAL BODIES:

PROTECTION OF INDIGENOUS LAND:

CASE – AFRICAN INDIGENOUS:

CASE – LATIN AMERICAN INDIGENOUS (ISOLATED INDIGENOUS PEOPLES):

CASE – LATIN AMERICAN INDIGENOUS (ENVIRONMENTAL DISARRAY):

CASE – ASIAN INDIGENOUS:

CASE – ASIAN INDIGENOUS (TOURISM):

RESOURCES PROMPTED BY CYNTHIA DACANAY & AUDREY CORCE’S SECTION:

LEGAL DOCUMENTS:

THE PHILIPPINES TREATMENT OF INDIGENOUS PEOPLES:

CORDILLERA WOMEN’S ACTIVISM:

THE CORDILLERA:

RESOURCES PROMPTED BY PABLO MIS’S SECTION:

MAYAN BACKGROUND:

MAYAN LEADERS ALLIANCE:

TOLEDO ALCALDE ASSOCIATION:

REGIONAL BODY:

LEGAL DOCUMENTS:

PROGRAMS FOR STUDY:

TAKE ACTION!:

PROPER TOURISM:

FAIR TRADE:

CLIMATE JUSTICE:

ONLINE AND IN-PERSON EVENTS:

SOCIAL MEDIA: