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Conclusions

Published online by Cambridge University Press:  25 July 2009

Alexandra Xanthaki
Affiliation:
Brunel University
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Summary

Existing norms of international law build a framework that favours the preservation of indigenous collective identity, the underlying basis of all indigenous claims. International law standards are gradually moving away from the dichotomy between the state and the individual and endorse the multiple loyalties individuals have. The variety of cultures is celebrated and sub-national groups are perceived as part of ‘a heterogeneous public’, rather than merely ‘the other’; groups are given control and the means to contribute as equals in the evolution of the national society. Multiple loyalties act as concentric circles around the individual and allow for the re-evaluation and ultimately the evolution of cultures. In this picture, indigenous claims for collective rights and control over their affairs can be accommodated. Recognition of indigenous collective rights bestows respect for indigenous identities and allows indigenous peoples to claim back the control over matters that affect them.

The international community has recently accepted the need for specific instruments to protect indigenous rights; ILO Conventions Nos. 107 and 169 address some of the claims of these peoples. Notwithstanding its integrationist and paternalistic character, ILO Convention No. 107 recognised basic indigenous rights whose violations were pertinent at the time of its adoption and forced states parties to take systematic and coordinated action for the protection of indigenous peoples. Major contributions of ILO No. 107 were also the establishment of special measures and the inclusion of land rights.

Type
Chapter
Information
Indigenous Rights and United Nations Standards
Self-Determination, Culture and Land
, pp. 280 - 285
Publisher: Cambridge University Press
Print publication year: 2007

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  • Conclusions
  • Alexandra Xanthaki, Brunel University
  • Book: Indigenous Rights and United Nations Standards
  • Online publication: 25 July 2009
  • Chapter DOI: https://doi.org/10.1017/CBO9780511494468.008
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  • Conclusions
  • Alexandra Xanthaki, Brunel University
  • Book: Indigenous Rights and United Nations Standards
  • Online publication: 25 July 2009
  • Chapter DOI: https://doi.org/10.1017/CBO9780511494468.008
Available formats
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Save book to Google Drive

To save content items to your account, please confirm that you agree to abide by our usage policies. If this is the first time you use this feature, you will be asked to authorise Cambridge Core to connect with your account. Find out more about saving content to Google Drive.

  • Conclusions
  • Alexandra Xanthaki, Brunel University
  • Book: Indigenous Rights and United Nations Standards
  • Online publication: 25 July 2009
  • Chapter DOI: https://doi.org/10.1017/CBO9780511494468.008
Available formats
×