Indigenous People and the Right to Self Determination - Essay Example

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Running head: Indigenous People and the Right to Self Determination Name Professor Institution Course Date Indigenous People and the Right to Self Determination In the recent times, the count of the indigenous people was taken and it was found that, they are about 370 million hosted in about 70 countries…
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Indigenous People and the Right to Self Determination
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Download file to see previous pages The descendants of these indigenous people live in different parts of the world especially in the arctic and southern part of the pacific. This is according to those individuals that came to reside in countries earlier during which time people encompassing diversified cultures or even diversified ethnic origins arrived. Indigenous people include some Americans, the Aleutians and Inuit who reside in circumpolar region, northern Europe’s Saami, Australia’s Torres Strait Islanders and Aborigines as well as New Zealand’s Maori. As such, they have a history of unique characteristics retention and as such, these characteristics are by far differentiated when compared to those of other population segments (Ivison, Patton, & Sanders 2000). The U.N once asserted that, it is the identification of the indigenous people that can be regarded fruitful but not concentrating on trying to establish their definition. As such, the U.N based this on the criterion of self identification, which is the most fundamental approach underlain in the documents that spell out the rights of a human (Shaw 2003). The fact that the indigenous people show distinct characteristics should be taken as a positive thing and as such, they must be protected by the international law. Therefore, there are several rights which are stipulated to protect them (Shaw 2003). Such a right is the right to self determination. Self determination can be described as a principle entailed in the law applying internationally whereby, it spell out the right to choose the political status of the entire world as well as the sovereignty. During the making of the choice, there should be no any form of manipulation in the form of external compulsions and interference (Suseno, Tri & Komnas HAM (Indonesia) 2006). The purpose of this paper is to address the issue of the indigenous people and thereby establishing ways in which these individuals can enforce their self determination rights. To understand the right to self determination of the indigenous people, it is better to look at the case between the Lubicon Lake Band and Canada whereby the communication which was submitted by Bernard Ominayak, who at that time was the chief of Lubicon Lake Band resulted to a decision being made by the committee handling the case (Suseno., Tri & Komnas HAM (Indonesia) 2006). As such, in that decision, a judgement was passed out that article 27 had a quotation of rights and as such, it spelled out the persons rights who reside in a community together with other people ought to give a hand in matters concerning the economic as well as social activities (Dersso 2010). The article made a clarity emphasis that these activities should be part and parcel of the culture of the society in which they reside in. At that time, the Lubicon Lake Band had its way of life put under threat and this indeed violated article 27 (Dyson, Hendriks & Grant 2007). Claiming capacity for the self determination right by the indigenous people is the most important focus point. If indeed these individuals were given a green light to exercise the underlying capacity, then they would in a consistent push for rights associated to autonomy, which encompasses the danger related to succession (Dyson. Hendriks & Grant 2007). The indigenous persons are entitled to a standard set in regard to protection and of which puts the basis on the combination of customary law applying internationally as well as legal instruments. In order to ensure that ...Download file to see next pagesRead More
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