THE LEGAL STATUS AND RIGHTS OF INDIGENOUS PEOPLES UNDER INTERNATIONAL LAW Tanya Giri International Law Tue, Jul 18, 2023, at ,02:56 PM ABSTRACTIndigenous peoples' legal standing and rights under international law are now recognized as a crucial topic for research and advocacy. Indigenous populations have long faced discrimination and abuses of their human rights because of their historical attachments to particular lands and unique cultures. Indigenous peoples' rights are now being protected and these injustices are being addressed with the help of international law. “An overview of the legal standing and rights of indigenous peoples under international law is given in this abstract, with particular attention paid to important issues like self-determination, land and resource rights, cultural rights, and the idea of free, prior, and informed consent”. The importance of the “United Nations Declaration on the Rights of Indigenous Peoples (UNDRIP)” as a comprehensive framework for defending and advancing indigenous rights is emphasized.KEY WORDS: Indigenous people, International Law, Indigenous population, United Nations, Rights of Indigenous people INTRODUCTIONThe legal standing and rights of indigenous peoples under international law are significant research fields that acknowledge and uphold the rights of indigenous populations worldwide. Indigenous peoples are a variety of ethnic groups that have a long history of being in a region prior to the creation of modern states.The historical injustices, discrimination, and marginalization that indigenous peoples have experienced are addressed by international law through a number of legal instruments and agreements. Principles like self-determination, cultural integrity, and non-discrimination serve as the foundation for the recognition of their rights.The “United Nations Declaration on the Rights of Indigenous Peoples (UNDRIP)”, which was approved by the “UN General Assembly in 2007”, is one of the main papers in this field. The UNDRIP lays out a thorough legal framework for indigenous peoples' rights and gives nations instructions on how to guarantee their defence and advancement.Indigenous peoples are able to choose their political position, work towards social, economic, and cultural advancement, and defend and promote their institutions, customs, and traditions because to their legal right to self-determination. They also have a right to their lands, territories, and resources, as well as a right to participate in decisions that impact such rights and interests.The preservation of indigenous peoples' languages, religions, traditional knowledge, and cultural practices falls under the category of the right to cultural integrity. They shouldn't be subjected to cultural genocide or forced assimilation, either.States have a responsibility to uphold, respect, and implement the rights of indigenous peoples. This entails acknowledging their collective rights, consulting them and gaining their free, prior, and informed permission before putting out projects or policies that may have an impact on them, as well as offering redress when their rights are violated.Although indigenous rights are well supported by international law, country implementation and enforcement practices might differ greatly. Numerous indigenous communities still struggle with issues like land confiscation, environmental damage, prejudice, and insufficient access to basic services.To close the gap between the effective application of international legal standards and it, efforts are still being made. Through national and international channels, indigenous peoples and their advocates struggle to increase awareness, have a conversation with governments, and seek justice for rights breaches.International law's recognition of indigenous peoples' legal status and legal rights aims to correct historical wrongs and safeguard the rights, cultures, and welfare of indigenous populations around the world. It is a continuous process that aims to advance equity, against all forms of discrimination, and the empowerment of indigenous peoples. HISTORICAL BACKGROUNDIndigenous people’s legal position and rights have a complicated historical foundation defined by colonization, dispossession, and marginalization. Indigenous peoples, also known as First Nations, Aboriginals, Native Peoples, or Tribal Communities, are separate ethnic groups with longstanding links to specific lands that predate the formation of modern nation-states. Indigenous peoples throughout the world endured major disturbances to their way of life during the era of colonial expansion. Their lands were taken, traditional government systems were destroyed, and cultural practices and languages were repressed. Indigenous peoples were subjected to forced assimilation, discrimination, and abuses of their fundamental human rights. Indigenous peoples throughout the world endured major disturbances to their way of life during the era of colonial expansion. Their lands were taken, traditional government systems were destroyed, and cultural practices and languages were repressed. Indigenous peoples were subjected to forced assimilation, discrimination, and abuses of their fundamental human rights.As a result of these historical injustices, recognition of indigenous peoples' distinctive rights and position arose. Indigenous peoples began to voice their claims for self-determination, cultural preservation, land rights, and involvement in community decision-making processes. International law has played a critical role in resolving indigenous peoples' legal position and rights. It acknowledges the particular nature of indigenous communities and attempts to right the wrongs they have suffered. The formation of international legal mechanisms and the elaboration of principles to preserve indigenous rights are important accomplishments in this sector.The “United Nations Declaration on the Rights of Indigenous Peoples (UNDRIP)”, approved by the “UN General Assembly” in 2007, is one notable development. The UNDRIP establishes a comprehensive framework of rights for indigenous peoples and is a critical international tool for campaigning for and safeguarding indigenous rights. It emphasizes ideals including self-determination, cultural integrity, non-discrimination, and the freedom to participate in decision-making. Indigenous peoples' legal standing and rights under international law continue to grow and acquire respect. Efforts to bridge the gap between international legal norms and their successful implementation at the country level are continuing. Indigenous communities, in collaboration with activists, non-governmental organisations (NGOs), and indigenous rights advocates, are working to ensure the full realization of indigenous rights, to challenge systemic discrimination, and to promote meaningful engagement and partnerships with states and other stakeholders.Overall, the history of indigenous peoples' legal position and rights demonstrates a lengthy history of struggle for acknowledgment, justice, and equality. International law provides a key foundation for addressing these difficulties and ensuring indigenous peoples' rights and dignity globally.INTERNATIONAL LEGAL INSTRUMENTS “United Nations Declaration on the Rights of Indigenous Peoples(UNDRIP)” : The UNDRIP, adopted by the “UN General Assembly” in 2007, is a comprehensive international treaty outlining indigenous peoples' collective and individual rights. It addresses several problems, including self-determination, land rights, cultural rights, participation, and non-discrimination. “Convention No. 169 of the International Labour Organisations (ILO)”: The “ILO Convention No. 169” is a legally binding pact that concerns the rights of indigenous and tribal peoples. “It covers a variety of topics, including self-determination, land rights, cultural rights, employment, consultation with others, and involvement in decisions affecting their interests”. “Convention on Civil and Political Rights (ICCPR): The International Covenant on Civil and Political Rights, ratified by the United Nations General Assembly in 1966, provides certain basic rights to all citizens, including indigenous peoples. These include the right to life, liberty, and personal security, freedom of expression, and religious freedom”. “International Covenant on Economic, Social, and Cultural Rights (ICESCR)”: Adopted in 1966, the “ICESCR” safeguards economic, social, and cultural rights vital to indigenous peoples' well-being. It covers the rights to labour, education, health, and cultural involvement. “The Convention on Biological Diversity (CBD), enacted at the 1992 United Nations Conference on Environment and Development”, recognizes indigenous peoples' rights to their traditional knowledge, inventions, and practices relevant to biodiversity protection and sustainable use. “The American Declaration of Indigenous Peoples”: The American Declaration on the Rights of Indigenous Peoples, adopted by the “Organisations of American States (OAS)” in 2016, establishes a regional framework for safeguarding and advancing indigenous peoples' rights throughout the Americas. “The African Charter on Human and Peoples' Rights”, approved by the Organisations of African Unity (now African Union) in 1981, recognizes indigenous peoples' rights and involvement in decision-making processes affecting their rights and interests. These international legal instruments help to preserve and promote indigenous peoples' rights across the world. They offer a framework for nations to guarantee indigenous rights are respected, past injustices are addressed, and indigenous communities' well-being and self-determination are promoted.RIGHT TO SELF-DISCRIMINATION An essential component of indigenous peoples' legal standing and rights under international law is their right to self-determination. It acknowledges their inalienable right to independently choose their political status, pursue their economic, social, and cultural development, and uphold and consolidate their unique identities and institutions. Collective Self-Determination: Indigenous peoples are entitled to collective self-determination. This indicates that, within the confines of the nation-states in which they live, people have the right to autonomy and self-governance. They are able to set up their own political institutions, decide on issues affecting their communities, and uphold their social, cultural, and economic systems. Territorial Self-Determination: The rights of indigenous peoples are intimately related to territorial self-determination. It acknowledges their ownership of their ancestral lands, territories, and resources as well as their right to administer these places in accordance with their own cultural norms and theories of sustainable development. Indigenous peoples have the right to take part in decision-making procedures that have an impact on their rights, lands, and resources. Before adopting policies or initiatives that might significantly affect the lives or territory of indigenous groups, states are required to engage with them and get their free, prior, and informed consent (FPIC). Cultural self-determination acknowledges the right of indigenous peoples to preserve, safeguard, and revitalize their linguistic legacy, spiritual traditions, and traditional ways of life. It includes the freedom to engage in and further develop one's own cultural, religious, and ceremonial practices as well as the right to keep one's traditional knowledge alive. Non-Assimilation: The right to self-determination forbids forced assimilation and any other measures intended to undermine indigenous peoples' unique identities and traditions. In order to ensure that indigenous groups may freely express themselves and uphold their cultural traditions without experiencing prejudice or assimilation pressures, states have a responsibility to preserve and defend the cultural integrity of these populations. Self-determination gives indigenous peoples the power to pursue their own objectives and demands in terms of their economic, social, and cultural development. Their ability to confront issues of poverty, inequality, and marginalization as well as to create and put into action sustainable development plans that are consistent with their cultural values and goals gives them this power. Promoting indigenous peoples' rights and redressing historical injustices need the acknowledgement and execution of their right to self-determination. It gives indigenous communities a framework for reclaiming their independence, preserving their traditional identities, and actively taking part in choices that affect their lives and lands. The full realization of this right, however, still faces obstacles, such as those related to land rights, political engagement, and combating institutional prejudice. To close these gaps and strengthen indigenous peoples' right to self-determination, ongoing efforts are being made on both the national and international levels.LAND, TERRITORY, AND RESOURCE RIGHTSThe legal standing and rights of indigenous peoples under international law depend critically on the recognition and preservation of land, territory, and resource rights. These rights have their origins in indigenous populations' historical and cultural links to their ancestral lands and resources. They are necessary for the sustainability of development as well as the preservation of indigenous cultures and identities. 1) Land & Territory Rights: Indigenous peoples are entitled to the ownership, usage, and control of their native lands and territories. Included in this is the right to own, inhabit, and use their ancestral lands for subsistence, cultural expression, and spiritual endeavors. It also includes the right to safeguard and administer these areas using local customs and sustainable management techniques.2) Resource Right; Indigenous peoples have the right to use and manage the natural resources that are found on their lands and in their territories. This involves the right to profit economically, socially, and culturally from resources. Natural resources are frequently used by indigenous tribes for sustenance, cultural practices, and economic growth. They can use and profit from these resources responsibly without being exploited or displaced by outside forces thanks to the right to resource rights. 3) The concept of “free, prior, and informed consent (FPIC)” is strongly related to rights to land, territory, and resources. Before any development projects or activities that could have an influence on the rights or way of life of indigenous peoples take place on their territory, they have the right to consultation and free, prior, and informed consent. This concept guarantees their active involvement in the decision-making process and protects them against forcible eviction, environmental damage, and cultural disturbance. 4) Indigenous peoples have the right to seek restoration and compensation for lands and resources that have been stolen or seized without their permission or in violation of their rights. Land restitution seeks to restore indigenous communities' ownership and control over their ancestral lands, whereas compensation seeks to compensate indigenous peoples for past injustices and losses caused by dispossession.The acknowledgment and protection of indigenous peoples' land, territory, and resource rights are critical to their well-being, self-determination, and cultural preservation. International legal frameworks, such as the UNDRIP and regional human rights instruments, lay the groundwork for ensuring indigenous communities' control over their lands and resources, resulting in sustainable development and the preservation of their distinct cultures and identities.CONCLUSIONIn recent decades, there has been a substantial evolution and increase in recognition of the status and rights of indigenous peoples under international law. The “United Nations Declaration on the Rights of Indigenous Peoples (UNDRIP)”, for example, has played a crucial role in acknowledging the historical injustices and discrimination experienced by indigenous communities and laying out comprehensive frameworks for their protection and promotion. “Native Americans have a number of rights, including the right to self-determination, the right to their land and resources, the right to their culture, the right to involvement and consultation, and the right to avoid assimilation”. These rights place a strong emphasis on the autonomy, integrity of their culture, and general well-being of indigenous groups, allowing them to regain their identities, control their own lands, and safeguard their cultural legacy.For their sustainable development, cultural preservation, and right to self-determination, indigenous peoples must have their rights to their land, territories, and resources recognized. By upholding these rights, indigenous groups are guaranteed ownership of their ancestral lands, the freedom to engage in their customary modes of subsistence, and the ability to preserve their spiritual and cultural links to the land. The FPIC concept encourages meaningful involvement and respect for their autonomy by reinforcing indigenous participation in decision-making processes that have an influence on their rights and territory. Despite these developments, it is still difficult to properly execute and realize indigenous peoples' rights. Dispossession of land, environmental harm, insufficient access to basic services, and institutional discrimination continue to be major issues. It is nevertheless urgent to close the gap between the effective national execution of international legal standards and those standards themselves.It is crucial to improve legislative frameworks, establish stronger implementation mechanisms, and promote collaboration between governments and indigenous people to solve these issues. Providing avenues for redress and remedies, recognizing indigenous peoples' rights to their land and resources, and empowering them to participate in decision-making processes are essential steps in furthering their rights. In order to build a more fair and equitable society, continual efforts, lobbying, and cooperation are needed to protect indigenous peoples' legal standing and rights under international law. Societies may cultivate variety, preserve cultural history, and guarantee the wellbeing and self-determination of indigenous communities for future generations by recognizing and respecting the rights of indigenous peoples.