Indigenous rights preserve ancestral wisdom.
Indigenous rights are collective powers that are recognized by indigenous peoples due to their specific condition. These are powers linked to language, religion, use of the territory and other issues that affect the identity of Aboriginal communities.
According to Amnesty International , there are some 5,000 indigenous peoples distributed in more than 90 countries. In total there are about 476 million individuals, representing more than 6% of the world population.
Beyond their differences, these groups share the fact of suffering the violation of their human rights and various acts of discrimination and racism. Many of these people are immersed in poverty and cannot access health services or education, for example. Faced with this reality, numerous international instruments and legislation recognize the existence of indigenous rights as a tool to safeguard traditions, protect identity and improve the quality of life of members of these minorities.
The view of the UN
The United Nations Declaration on the Rights of Indigenous Peoples ( UNDRIP ) was adopted in 2007 by the General Assembly , taking into account the previous recommendation of the Human Rights Council and recognizing "historical injustices" . In its first article, it emphasizes the individual rights and the collective rights of indigenous people to fully enjoy the fundamental freedoms and powers set forth in the Universal Declaration of Human Rights , the Charter of the United Nations and international regulations.
Self-determination, the maintenance of traditional cultural practices, political participation, bilingual intercultural education and the environmental protection of ancestral territories are some of the rights recognized in the UN declaration.
In a broad sense, this document aims to safeguard indigenous identity with its intangible heritage and combat poverty and exclusion of these peoples. Giving recognition to their territorial sovereignty and allowing self-government , it seeks to ensure that indigenous people are able to develop their life plans in freedom.
The conservation of language and traditional knowledge is part of indigenous rights.
Examples of indigenous rights
We can find examples of indigenous rights in many countries. The Political Constitution of the United Mexican States , to mention one case, recognizes the rights of indigenous and Afro-Mexican peoples and communities. This recognition appears in article 2 , which refers to the "pluricultural composition" of the nation that is based on the indigenous populations descended from the peoples who lived in the current territory of the country before colonization .
The Mexican Constitution , in this framework, obliges the federal government and state and municipal authorities to respect the right to property taking into account the "special relationship" of these peoples with their lands; the right not to be forced into forced assimilation; the right to choose their ways of living together ; and the right to decide its authorities according to its own procedures and rules, for example. These regulations are complemented by the Law of the National Institute of Indigenous Peoples , the General Law of Linguistic Rights of Indigenous Peoples and other legal mechanisms.
In Argentina , meanwhile, the norm on indigenous peoples also appears in the Constitution since the 1994 reform. In this context, the cultural and ethnic pre-existence of these communities is recognized and respect for their identity and community ownership of the territories they occupy is ensured.
The National Institute of Indigenous Affairs of Argentina , in turn, recognizes the right to bilingual intercultural education, non-discrimination and respect for its institutions, practices and values.
Examples of indigenous rights can also be found in the Political Constitution of Peru . In this country, the State has a Database of Indigenous or Native Peoples developed according to the criteria established by the International Labor Organization ( ILO Convention 169 ).
The peoples registered in said database are recognized with the right to intercultural education, the right to special jurisdiction and the right to maintain customs as long as they do not contradict the fundamental rights contemplated at the international level.
The protection of the natural and cultural heritage of indigenous peoples is contemplated in indigenous rights.
The environmental issue
Most analysts agree that, despite progress in the recognition and defense of indigenous rights, discrimination is still marked. Currently, many of the abuses suffered by Aboriginal communities are linked to industrial and commercial activities that contaminate and degrade their territories, putting the food sovereignty and ways of life of these groups at risk.
That is why indigenous activism often coincides with environmental activism . Mining and extraction megaprojects and various industries often advance on territories that indigenous people have occupied since ancient times, generating conflicts over land and the forced displacement of many groups.
The indigenous resistance, at this point, shares objectives with the defenders of land and biodiversity. Not only do these communities need sustainable resource management for their subsistence, but for humanity in general it is essential to take care of nature and minimize the effects of climate change .
It must be taken into account, on the other hand, that conflicts over territory also arise when the State itself expels aboriginal communities to establish protected areas with the aim of preserving endemic flora and fauna. This has happened in Kenya , Cambodia , Tanzania , Nepal and Uganda , according to Amnesty International , in a phenomenon that has been dubbed green colonialism .