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International Law and Indigenous Rights

Indigenous Rights are especially protected under international law as a result of the particular vulnerability of indigenous peoples. This fragility stems from their historic victimization and exploitation during the era of colonization in the so called 'Age of Discovery' from the early 15th to the late 20th Century. During this period of 500 years European Monarchies set forth to plunder and colonize foreign lands under the 'legitimization' of the Doctrine of Discovery, a Papal Bull (law) issued by the Catholic Church.  The first of these laws created by Pope Nicholas V in 1452 legitimized the theft and colonization of indigenous ancestral territories justified under the principles of Catholic Doctrine.

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ILO Convention 169 on Indigenous and Tribal Peoples - 1989

ILO Convention 169 is the principal binding international treaty protecting the rights of indigenous and tribal peoples, emphasizing self-determination, cultural preservation, and participation in development.

ILO Convention 169, adopted on 27 June 1989 by the International Labour Organization, is a legally binding international instrument that protects the rights of indigenous and tribal peoples worldwide.

Read the full text of ILO Convention 169 by clicking on the button below

 

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United Nations Declaration on the Rights of Indigenous Peoples - 2007

UNDRIP is a UN declaration establishing minimum standards for the survival, dignity, and rights of Indigenous peoples worldwide.

The United Nations Declaration on the Rights of Indigenous Peoples (UNDRIP) was adopted by the UN General Assembly on 13  September 2007, after nearly two decades of negotiations between member states and Indigenous representatives.  It is a legally non-binding resolution, but it carries significant moral and political weight and has influenced domestic laws in several countries.

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Read the full UNDRIP text by clicking on the button below.

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The UN Charter

According to the UN Charter, the purposes of the United Nations include reaffirming fundamental human rights; maintaining international peace and security; and promoting the economic and social advancement of all peoples. The UN Charter mandates the UN and its member states to maintain international peace and security, uphold international law, achieve "higher standards of living" for their citizens, address "economic, social, health, and related problems", and promote "universal respect for, and observance of, human rights and fundamental freedoms for all without distinction as to race, sex language or religion.

 

The UN Charter  is the foundational treaty of the United Nations entering into force on 24 October 1945.  As a charter and constituent treaty, its rules and obligations are binding on all members and supersede those of other treaties.

Read the full UN Charter by clicking on the button below

 

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