Intercultural education is part of the rights of indigenous peoples.
The rights of indigenous peoples are the powers that are recognized to aboriginal communities . These powers allow the communities in question to develop autonomously and respect their traditions.
It is important to note that these are collective rights : this means that the subject of the right is not a person, but a group. Their purpose is to preserve the identity and interests of the group as a whole.
Before moving forward, it is essential to define what an indigenous people is . This is the name given to the population that is native to the land they inhabit, having settled there before other ethnic groups or having maintained such a widespread and stable presence that the group can be considered native to the place. Generally, these peoples pre-existed modern States and have been in their territory since before the establishment of the current political and administrative boundaries.
Declaration of the Rights of Indigenous Peoples
The United Nations Declaration on the Rights of Indigenous Peoples was adopted in 2007 through Resolution 61/295 . With Convention 107 and Convention 169 of the ILO (International Labour Organization) as its background, it represents an example of the international community's commitment to the recognition of the identity and self-determination of these peoples.
It should be noted that UN declarations do not constitute international legislation because they are not coercive. However, they are often considered as the foundations of legal norms. In this specific case, the document aims at the recognition of the ownership of ancestral territories and respect for traditional knowledge, traditions and customs of these communities, which throughout history have been victims of human rights violations .
These rights cover issues related to indigenous culture, natural resource management, sustainable development and the political participation of Aboriginal communities. The declaration reflected long-standing demands by indigenous activists and various social movements.
It is important to note that this declaration was approved by a vote of 143 UN member countries. Four nations voted against it: the United States , Australia , New Zealand and Canada . Those who voted against it cited arguments such as the incompatibility of certain ancestral practices with modern laws and the impossibility of approving and applying legislation that does not concern all citizens.
Discrimination and racism are two scourges that threaten the rights of indigenous peoples.
About the concept
Indigenous peoples' rights are understood as the laws of a nation that allow for the regulation of the link between the government and respect for the self-determination of native communities residing within the boundaries of the State. The notion also refers, in international law , to the defense of the way of life of these ethnic groups against violations committed by companies or governments.
It should also be mentioned that indigenous organisations use this concept to refer to what they demand in terms of protection of sacred sites and cultural heritage , the fight against mining and resource extraction, the promotion of linguistic diversity and the defence of traditional agriculture, for example.
These specific rights arise from the existence of indigenous or native peoples who, at some point in history, suffered an invasion and were colonized . That is to say: there was a human settlement that inhabited a territory to which colonizers arrived, who attacked the traditions, language and ways of life of the invaded.
Pre-colonial communities that suffered occupation and colonization by foreign groups (as happened with the native populations of America upon the arrival of the Europeans) are usually considered indigenous peoples. The claim of their rights implies a recognition of their existence prior to the formation of modern States.
The recognition of the rights of indigenous peoples is linked to historical memory.
Examples of indigenous peoples' rights
Examples of the rights of indigenous peoples can be found in the case of the Argentine Republic . The Constitution of the Nation recognizes the preexistence, both cultural and ethnic, of indigenous peoples . In this framework, it indicates the communal possession of those lands that they traditionally inhabit.
It should be noted at this point that the territory is associated with the identity of these communities. Based on this principle, the Argentine legal system is integrated with standards and mandates such as the ILO conventions, which the State of this South American country has ratified.
Argentina's National Institute of Indigenous Affairs recognizes the existence of more than 1,800 indigenous peoples (Quechua, Guaraní, Wichí and Mapuche, among other ethnic groups). However, constitutional recognition of their rights is often not reflected in reality.
Thus, Mapuche communities claim territories that are in the hands of landowners or that are even part of national parks. It should be noted that the link between these peoples and the State varies according to the government in power. For this reason, even the recognition as indigenous people that is granted to certain communities can change .
This has led to the fact that, while one administration recognised the ancestral ownership of certain lands, another considered that these lands were being usurped. This situation occurred with Mapuche communities in Patagonia , even described as "terrorist" by some sectors.