04/02/2020
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These groups are regarded as "indigenous" since they are the living descendants of
pre-invasion inhabitants of lands now dominated by others. Otherwise stated,
indigenous peoples, nations, or communities are culturally distinctive groups that
find themselves engulfed by settler societies born of the forces of empire and
conquest.[164] Examples of groups who have been regarded as indigenous peoples
are the Maori of New Zealand and the aboriginal peoples of Canada.
As with the broader category of "peoples," indigenous peoples situated within states
do not have a general right to independence or secession from those states under
international law,[165] but they do have rights amounting to what was discussed
above as the right to internal self-determination.
In a historic development last September 13, 2007, the UN General Assembly
adopted the United Nations Declaration on the Rights of Indigenous Peoples (UN
DRIP) through General Assembly Resolution 61/295. The vote was 143 to 4, the
Philippines being included among those in favor, and the four voting against being
Australia, Canada, New Zealand, and the U.S. The Declaration clearly recognized the
right of indigenous peoples to self-determination, encompassing the right to
autonomy or self-government, to wit:
Article 3
Indigenous peoples have the right to self-determination. By virtue of
that right they freely determine their political status and freely pursue
their economic, social and cultural development.
Article 4
Indigenous peoples, in exercising their right to self-determination, have
the right to autonomy or self-government in matters relating to
their internal and local affairs, as well as ways and means for
financing their autonomous functions.
Article 5
Indigenous peoples have the right to maintain and strengthen their
distinct political, legal, economic, social and cultural institutions, while
retaining their right to participate fully, if they so choose, in the political,
economic, social and cultural life of the State.
Self-government, as used in international legal discourse pertaining to indigenous
peoples, has been understood as equivalent to "internal self-determination."[166]
The extent of self-determination provided for in the UN DRIP is more particularly
defined in its subsequent articles, some of which are quoted hereunder:
Article 8
1. Indigenous peoples and individuals have the right not to be
subjected to forced assimilation or destruction of their culture.
2. States shall provide effective mechanisms for prevention of,
and redress for:
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