Custodians of the Land: Indigenous Peoples, Human Rights and the - - PowerPoint PPT Presentation

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Custodians of the Land: Indigenous Peoples, Human Rights and the - - PowerPoint PPT Presentation

Jul 19, 2023 376 likes •467 views

Custodians of the Land: Indigenous Peoples, Human Rights and the Right to Cultural Integrity Dr. Jeremie Gilbert Middlesex University, London Why a Right to Cultural Integrity? Indigenous Peoples as Custodians of the Land 1. The Property

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Custodians of the Land: Indigenous Peoples, Human Rights and the Right to Cultural Integrity

  • Dr. Jeremie Gilbert

Middlesex University, London

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Why a Right to Cultural Integrity?

  • Indigenous Peoples as Custodians of the Land

1. The Property Rights Approach 2. The ‘Cultural Way of Life Approach’ 3. The ‘Cultural Heritage Approach’

  • Daes Study (1993-2000)
  • ‘categorisation’ of elements such as songs, stories, sciences or sacred

sites, and this would imply giving different levels of protection to different elements of heritage.

  • Recognising the holistic cultural approach to land rights, the study

raises issues regarding the inadequacy of the watertight legal regime

  • f protection for cultural heritage.
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A Right to Cultural Integrity?

  • Does not appear in any treaty (as such)
  • Specific to indigenous peoples
  • Slow jurisprudential emergence
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The IACHR Approach

  • Awas Tingni: property rights covers ‘social integrity’ of

community

  • Saramaka: ‘integrity of the land’
  • A bundle of rights: right to property, the right to life, and right

to health.

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The African Commission approach

  • Endorois community claimed that access to their ancestral

territory “in addition to securing subsistence and livelihood, is seen as sacred, being inextricably linked to the cultural integrity of the community and its traditional way of life.”

  • Legally, the Endorois claimed that their eviction meant a

violation of their right to practice their own religion (Article 8), their right to culture (Article 17) and their right to access natural resources (Article 21).

  • Commission concluded on a violation to the right to cultural

integrity

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Importance?

  • Capture a missing international standard, a bridge between

several rights

  • Reflects a holistic approach to cultural rights
  • So far: property rights, cultural rights, right to health, right to

religious freedom, next step language rights?

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Related Issues

  • Private sector?
  • FPIC implies conducting consultations/negotiations in indigenous

languages

  • Remedies/Reparations: cf. Saramaka implementation order
  • Indigenous Languages in demarcation and mapping of lands