'Indigenous Rights at the United Nations: Their impact on international human rights standards'

This paper goes beyond the obvious impact that the Declaration has had on the rights of indigenous peoples and argues in favour of its wider impact on the standards of international human rights law. It sets out to prove that potentially, the recognition of indigenous rights in UNDRIP can make a substantial difference to other groups, as it pushes forward the standards of current international law. In order to highlight the ‘added value’ of the Declaration, the paper juxtaposes such contribution with respect to the previous contours of international law in five areas of human rights: the right to self-determination, collective rights, cultural rights, land rights and participation and consultation rights

Land rights of indigenous peoples in Southeast Asia

Very little has been written on indigenous rights in South-East Asia. This article attempts to address issues concerning indigenous land rights in the region, arguing that there is a clear gap between the existing situation and the relevant standards of the international human rights system. After a short overview of the international human rights framework currently binding South-East Asian states, the article analyses issues of indigenous land ownership and control by indigenous peoples over matters affecting their land rights. The article then discusses traditional economic activities, natural resources, indigenous environmental management and finally to issues of relocation and compensation. In each of the aforementioned areas, indigenous land rights are generally non-existent or very weak. Even on occasions when national legislation has recognised strong indigenous land rights, the lack of political motivation to properly enforce these rights impedes their full realisation. The article demonstrates that this inadequacy is inconsistent with international standards on the prohibition of discrimination, protection of minority cultures and more specifically on indigenous land rights, as are recognised in international instruments, interpreted by international bodies and transferred into national practices

Multiculturalism and international law: Discussing universal standards

This is the post-print version of the article. Copyright @ John Hopkins University PressThis article aims to assess the contribution of current international human rights law to the multicultural debate. The article argues that although international law has not engaged in a sustained way with the concept, the basic elements of multiculturalism are in fact promoted by current standards. Among these discussed are the recognition of cultural attachments in the public sphere, the need for interaction among cultures, and the understanding of sub-national groups as equal partners in the evolution of the society. A closer look at the standards and their dynamic interpretation by UN bodies also reveals helpful answers to difficult challenges currently posed by multiculturalism, including extremism and clashes between cultural practices and other human rights

Rights of Indigenous Peoples under the Light of Energy Exploitation

This article discusses how energy exploitation impacts on indigenous peoples’ rights. The article argues that the current focus in the international arena and the literature on indigenous rights of participation and consultation and the special attention that the free, prior and informed consent attracts may minimise the importance that States and companies pay to the other rights that indigenous peoples have in these circumstances. After analysing the current standards relating to participation and consultation and looking closely to the free, prior and informed consent, the article uses international human rights law, and especially ILO Convention No. 169 and the UN Declaration on the Rights of Indigenous Peoples, as well as jurisprudence coming from the Inter-American and the African system of human rights as well as the interpretation of United Nations bodies, in order to identify the specific other obligations that States have vis-à-vis indigenous peoples when they initiate or permit energy projects on or near the lands they live on

Indigenous autonomy in the Americas

The American continent has a long tradition of autonomous regimes, both territorial and non-territorial. Autonomous regimes of American indigenous communities in particular have not been the subject of intense discussion and comparison, partly because the task of discussing such autonomous regimes in the whole of the Americas represents a huge challenge

When universalism becomes a bully: Revisiting the interplay between cultural rights and women’s rights

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Forced migrants in Europe and their cultural rights: In need of minority protection

Discussions and efforts to improve the rights of forced migrants in Europe are ongoing as the situation continues to be dire. All such discussions and policies though have completely neglected so far the protection that the human rights system recognises to members of minorities. This article argues that forced migrants are entitled to such minority protection. It further argues that their recognition, as beneficiaries of such protection will address more comprehensively their needs and strengthen their rights. The article focuses on the cultural rights of forced migrants, as important rights connected to their identity. It demonstrates the gaps in the international law machinery used at the moment as well as the added value that the minority protection would have on their rights. Using such protection for migrants’ rights is consistent with international law, will strengthen their protection but also will be beneficial to the minority rights protection too

The struggle of indigenous peoples to maintain their spirituality in Latin America: Freedom of and from religion(s), and other threats

This article argues that the (Western-oriented) right to religion has been proven inadequate in protecting Indigenous Peoples’ rights. It recognizes that this is partly because of the distinctive characteristics of Indigenous religions, which differ from other dominant religions, but also because of the way in which religion has been used by colonialism with dramatic effects on Indigenous Peoples and their beliefs, spiritualities, and worldviews. The article focuses on Latin America to argue further that in addition to colonialism, the early Constitutions also attacked Indigenous religions. As Indigenous rights are more acknowledged in Latin America, we take this region as an excellent, albeit painful, example of how Indigenous religions have been pushed aside even in the most positive contexts. The article uses the constitutional and legal arrangements in Latin American states, mainly Ecuador and Bolivia, to critically assess the protection that these favorable to Indigenous Peoples legal systems’ guarantee to Indigenous rights despite a persistent implementation gap. Also, this article highlights the weaknesses of the international system in mitigating the manifold threats that Indigenous Peoples have to face on a daily basis in their struggle to maintain and transmit their religions and spirituality, including the assault of other religions and sects into their communities and the so-called neo-extractivism. The article finally draws some concluding remarks and recommendations on how to improve the freedom of and violations from religion(s) of Indigenous Peoples in the context of Latin America as well as international law more broadly

The Rights Hero - Serious Games for Human Rights Education and Integration of Migrant and Refugee Children in Europe

Copyright © 2022 The Authors. Following the rise of migrant inflows in Europe since 2015, more than 210,000 unaccompanied children have arrived in Europe. This article argues that serious games can in principle fill the gap of human rights education that these children face and ultimately help them develop, but important issues and challenges need to be considered. The article follows the design and development of “The Rights Hero”, a prototype serious game for migrant children to help them learn and practise their rights, encouraging them to take transformative action that will lead them to integration. The game focuses on the “Rights Hero”, whose gender and race are unidentifiable and who is trying to build up two superpowers, “Resilience” and “Empowerment”, through responding appropriately to various challenges. These challenges are all too familiar to migrant children. Designed by an interdisciplinary team of human rights and game design experts, and in collaboration with the ngo Network for Children’s Rights, work on the prototype raised important discussions regarding the use of games for human rights education, the need for children to know their rights, and their understanding of integration. The article reflects on the extent to which serious games can be developed as a useful informal educational tool for the human rights education of displaced children.Global Lives Research Centre of Brunel University Londo