Until comparatively recently the rights of indigenous peoples have not been adequately safeguarded by international law. Discuss

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International Law Term 1 Coursework

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Until comparatively recently the rights of indigenous peoples have not been adequately safeguarded by international law.

Discuss

Indigenous people are located on every continent of the world and are estimated to equate to 6% of the world’s population, with an estimated 5000 distinct groups in 72 countries. With such figures it may be alarming to think that so many people could have been failed by not having sufficient safeguards at international law. Yet, it may be said that international law has indeed failed to protect the rights of indigenous people and until relatively recently had not even recognised them with rights that are capable of being protected or enforced. This essay will attempt to outline the possible reasons for this lack of protection at international law for indigenous peoples. It will endeavour to outline the historical context of the plight to which indigenous communities have faced, the history of rights being recognised at an international level and the possible distinction between these rights and rights specific to indigenous peoples; the protection afforded by other rights recognised at international law; the recognition of indigenous communities from governmental and non-governmental organisations; definitions of who may constitute indigenous and whether this is helpful; and finally, The UN Declaration on the Rights of Indigenous Peoples of 2007.

Prior to the First World War, the world was one that was very much ruled by colonial empires and imperialism since the first explorers set sail from Europe, starting in the 15th century. This rapid expansion of European colonial power had a devastating impact upon many of the indigenous communities that the Europeans came into contact. This is evidenced by the plight of numerous indigenous peoples around the world where many communities were displaced, exploited and in some cases, such as the indigenous Palawan community in Tasmania, completely decimated. However, it is important to recognise that peoples have invaded or colonized each other's lands since before recorded history and so the division into indigenous and non-indigenous may be a matter of judgment. Nevertheless, during this period of history there was no recognised system of international community or international law, other than ad hoc bilateral or multilateral agreements between powerful imperialistic States.

After the turmoil of the First World War, imperialistic powers such as the Ottoman Empire had fallen and the allied victors were desperate to secure peace in the effected regions; this led to the implementation of the Wilsonian philosophy, of the creation of nation States which would in turn lead to the right of national self-determination. However, this led to the rise of nationalism and subsequently, the persecution of minorities in these newly created States.

This inter war period saw the formation of the League of Nations and a dramatic change in the philosophy of the international community. The focus had become the rights of man, after the turmoil of The Great War. The rise of nationalism led to the adoption of the Minority Treaty or Clause by the League of Nations, which every new member had to become a party. This was to try and avoid the persecution of minorities in nation States. However, there was still no protection offered to the world’s indigenous populations. Yet, due to world politics during this period and the effects of colonisation which saw the colonisers settle and develop their own nation States; the indigenous people of the world had no organised voice or representation in the new international order, as well as there being perhaps more pressing issues, such as trying to ensure world peace, on the worlds agenda.

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For various reasons, the League of Nations failed in its commitment to retain world peace; the world once again descended into war and rights of any kind were forgotten in the absolute devastation of World War 2. After the Second World War the international community strengthened and became determined to develop a new world order that incorporated a recognised system of rights that were focused on basic rights of the individual or, human rights.

Minority rights became less credible after the Second World War as they were seen as inherently political in nature and thus could develop into further disruption ...

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