International Human Rights Perspectives of Indigenous Peoples’ Land Rights and Way Forward

Binota Moy Dhamai

This article aims to provide an understanding of Indigenous Peoples land rights as human rights, focusing on the lens of global human rights mechanisms. It begins by setting out the historical development of the Indigenous Peoples movement for recognition and its relationship to land rights. The discussion then outlines the concept of land rights from Indigenous Peoples’ perspective – namely, land rights as a means of survival with culture, identity, and dignity. After presenting an interpretation of Indigenous Peoples land rights as individual and collective rights, the article then explores the relevance of core provisions of the UN Declaration on the Rights of Indigenous Peoples and other UN mechanisms and their connection to policy and practice at the domestic level. Finally, the argument addresses Indigenous Peoples’ perspective on land and the interrelationship of political, legal, and policy formulations on land rights and their impact on policy and practice.
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