Indigenous rights are thoserights that exist in recognition of the specific condition ofindigenous peoples. This includes not only the most basichuman rights of physical survival and integrity, but also therights over their land (includingnative title),language,religion, and other elements ofcultural heritage that are a part of their existence andidentity as a people. This can be used as an expression for advocacy of social organizations, or form a part of the national law in establishing the relation between a government and the right ofself-determination among its indigenous people, or ininternational law as a protection against violation of indigenous rights by actions of governments or groups of private interests.

Indigenous rights belong to those who, being indigenous peoples, are defined by being the original people of a land that has been conquered andcolonized by outsiders.^[1][2][3][4]

Exactly who is a part of the indigenous peoples is disputed, but can broadly be understood in relation to colonialism. When we speak of indigenous peoples we speak of those pre-colonial societies that face a specific threat from this phenomenon of occupation, and the relation that these societies have with the colonial powers. The exact definition of who are the indigenous people, and the consequent state of rightsholders, varies. Being too inclusive is considered as bad as being non-inclusive.^[4][5]

In the context of modern indigenous people of European colonial powers,^{[clarification needed]} the recognition of indigenous rights can be traced to at least the period ofRenaissance. Along with the justification of colonialism with a higher purpose for both the colonists and colonized, some voices expressed concern over the way indigenous peoples were treated and the effect it had on their societies.^[6] In theSpanish Empire, the crown established theGeneral Indian Court inMexico and inPeru, with jurisdiction over cases involving the indigenous and aimed at protecting Indians from ill-treatment. Indians' access to the court was enabled by a small tax which paid for legal aides.^[7][8]

The issue of indigenous rights is also associated with other levels of human struggle. Due to the close relationship between indigenous peoples' cultural and economic situations and their environmental settings, indigenous rights issues are linked with concerns over environmental change andsustainable development.^[9][10][11] According to scientists and organizations like theRainforest Foundation, thestruggle for indigenous peoples is essential for solving the problem of reducing carbon emission, and approaching the threat on both cultural and biological diversity in general.^[12][13][14]

Therights of Indigenous peoples are recognized under various international legal instruments that provide both normative guidance and, in some cases, binding obligations.

Adopted by theUnited Nations General Assembly on 13 September 2007, the UNDRIP is a key reference point in the global protection of Indigenous rights.^[15] Though the Declaration is not legally binding, it represents a widely accepted standard of minimum rights and obligations, emphasizing bothindividual andcollective rights.^[16] Key provisions include:

• Rights overlands,territories, andresources traditionally owned or used by Indigenous peoples (Articles 25–26).^[15]
• The right to self-determination (Article 3), allowing Indigenous communities to freely pursue their economic, social, and cultural development.^[15]
• Remedies for violations, including restitution and compensation (Article 28).^[17]
• The guarantee offree, prior and informed consent (FPIC) before states adopt measures that affect their lands or rights (Article 19).^[17]
• Cultural rights, including the preservation of language, traditions, and institutions (Articles 11–14).^[17]

Therights, claims and even identity of indigenous peoples are apprehended, acknowledged and observed quite differently from government to government. Various organizations exist with charters to in one way or another promote (or at least acknowledge) indigenous aspirations, and indigenous societies have often banded together to form bodies which jointly seek to further their communal interests.

There are several non-governmental civil society movements, networks, indigenous and non-indigenous organizations whose founding mission is to protectindigenous rights, including land rights.^[18] These organizations, networks and groups underline that the problems that indigenous peoples are facing is the lack of recognition that they are entitled to live the way they choose, and lack of the right to their lands and territories. Their mission is to protect the rights of indigenous peoples without states imposing their ideas of "development".^[19] These groups say that each indigenous culture is differentiated, rich of religious believe systems, way of life,sustenance and arts, and that the root of problem would be the interference with their way of living by state's disrespect to their rights, as well as the invasion of traditional lands by multinational corporations and small businesses forexploitation of natural resources.^[20]

UnderUNDRIP, states are urged to cooperate with Indigenous peoples and consult in good faith to ensure their participation in decisions affecting them. TheUnited Nations Permanent Forum on Indigenous Issues (UNPFII) and other mechanisms support implementation, monitoring, and advocacy.

Indigenous peoples and their interests are represented in the United Nations primarily through the mechanisms of theWorking Group on Indigenous Populations. In April 2000 theUnited Nations Commission on Human Rights adopted a resolution to establish theUnited Nations Permanent Forum on Indigenous Issues (PFII) as an advisory body to theEconomic and Social Council with a mandate to review indigenous issues.

In late December 2004, theUnited Nations General Assembly proclaimed 2005–2014 to be theSecond International Decade of the World's Indigenous People. The main goal of the new decade will be to strengthen international cooperation around resolving the problems faced by indigenous peoples in areas such as culture, education, health, human rights, the environment, and social and economic development.

In September 2007, after a process of preparations, discussions and negotiations stretching back to 1982, the General Assembly adopted theDeclaration on the Rights of Indigenous Peoples. The non-binding declaration outlines the individual and collective rights of indigenous peoples, as well as their rights to identity, culture, language, employment, health, education and other issues. Four nations with significant indigenous populations voted against the declaration: the United States, Canada, New Zealand and Australia. All four have since then changed their vote in favour. Eleven nations abstained:Azerbaijan,Bangladesh,Bhutan,Burundi,Colombia,Georgia,Kenya,Nigeria, Russia,Samoa andUkraine. Thirty-four nations did not vote, while the remaining 143 nations voted for it.

ILO 169 is a convention of theInternational Labour Organization. Once ratified by a state, it is meant to work as a law protecting tribal people's rights. There are twenty-two physical survival and integrity, but also thepreservation of their land,languageand religion rights. The ILO represents indigenous rights as they are the organisation that enforced instruments the deal with indigenous rights exclusively.^[21]

Since 1997, the nations of theOrganization of American States have been discussing draft versions of a proposed American Declaration on the Rights of Indigenous Peoples.^[22] "The draft declaration is currently one of the most important processes underway with regard to indigenous rights in the Americas"^[23] as mentioned by the International Work Group for Indigenous Affairs. In 2016, the declaration was adopted by 35 member states by consensus while USA and Canada expressed general reservations.^[24]

In Canada "Aboriginal rights" (French:droits ancestraux) are those rights that theIndigenous peoples in Canada enjoy as a result of their ancestors' long occupancy of the land, for example the right to hunt and fish a particular territory.^[28] These are distinct from "treaty rights" which are enumerated in specific agreements between Indigenous groups and the state. Both treaty rights and Aboriginal rights are protected bySection 35 of theCanadian constitution of 1982.

The indigenous people ofGreenland gainedhome rule in 1979 and extended toself-government in 2009.

This section is an excerpt fromHuman rights in Finland § Indigenous rights.[edit]

This section'sfactual accuracy may be compromised due to out-of-date information. Please help update this article to reflect recent events or newly available information.(March 2013)

In February 2013, Finland had not signed the internationalDeclaration on the Rights of Indigenous Peoples nor theIndigenous and Tribal Peoples Convention, 1989 (ILO-convention 169).^[29] In March 2014, Finland had not ratified the ILO-convention 169.^[30]Sauli Niinistö, the President of Finland, called the treaty irrelevant. However, theSami people of Finland's north andLapland have had no special rights, for example, in land rights forreindeer herding.^[31] In October 2011, the UN Human Rights Committee called for the cessation of the killing of reindeer inNellim,Inari. Reindeer owners and theMetsähallitus (Department of Forestry) were in dispute over this matter.^[32] In 2019, the Human Rights Committee of the United Nations, found Finland to have violated Sámi political rights, as the Supreme Court of Finland had from 2011 and onwards, began using non-objective criteria when determining allowance of membership in the electoral rolls to the Sámi parliament.^[33]

The country is also known as Aotearoa/New Zealand.

Indigenous peoples have a mere "remedial" right to secession in international law, irrespective of their right of self-determination and self-government,^[34] leaving the existence ofrights of secession to internal laws ofsovereign states, andindependence to the capacities of states.

• The Rights of Indigenous Peoples: Study Guide – University of Minnesota
• Researching Indigenous People's Rights Under International Law – Steven C. Perkins
• Indigenous Rights – International Encyclopedia of the Social Sciences, 2nd Edition
• United Nations Declaration on the Rights of Indigenous Peoples
• ILO Convention 169 (full text) - Current international law on Indigenous peoples
• State of The World's Indigenous Peoples – UN report, First Issue, 2009
• Genocide Lewis, Norman, February 1969 - Article that led to the foundation of several prominent Indigenous rights organizations
• Conservation and Community Rights: Lessons from Mesoamerica

• Indigenous rights
• Indigenous politics
• History of social movements

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