Domestic Legal Perspectives

Also on the request of indigenous people organization it was decided in 1993 that a whole year will be devoted for efforts to be made for indigenous people and hence year of 1993 was observed to be as the Year for indigenous people bye NGO’s and government organizations. Moreover in 1962, a Convention on Biological Diversity was conducted which stated that practices and innovations of indigenous people should be respected preserved and maintained as it holds great important for the use of study in biological diversity.

The convention also maintained that the approval and direct involvement of indigenous people possessing this knowledge must also be included in the research work so as to encourage equitable sharing of such knowledge with the representation of these people as well. In 1998 the EU stated guidelines for the support of indigenous peoples in, Council Resolution on Indigenous Peoples within the Framework of the Development Cooperation of the Community and Members States .

This states that indigenous cultures and heritage is the source of diverse knowledge and innovation, and these ideas can prove to be potential resource for the entire world. Conclusion Problems between indigenous people and the new powerful settlements are there since the 15th century however international laws, forums, treaties and groups have not yet been able to address the issues faced by indigenous people in terms of self determination, equality and most importantly, issues regarding health care which is a matter of great concern these days.

As these communities are not properly immunized to certain diseases of this century, death toll is increasing day b day along with death toll due to hunger and drought that has been there for ages now. Although steps have been taken to and progress has been witnessed in order to resolve the issues of right to property and practicing self determination, however the issue that still remains unresolved is how to come up with an agreement between the indigenous people and the new settlements on the issue of self governance?

Although international institutions have worked for self determination of indigenous people , however, they are ignoring the fact, that as the new settlers have the edge of developing the whole area and bringing in economic activities in these areas , its is impossible for indigenous people to practice this right under ongoing developmental plans by the new governments. The characteristics of a self determinant culture are the preservnce of culture, customs and most importantly the habitat.

However the on going developmental plans of these governments require deforestation and chopping of trees and digging of agriculture land that in the end is against all the characteristics of the right of self determination for indigenous people. These people have associated their culture with this land and most importantly this land is their habitat. Therefore international organization as they are mentioned above should and are working to address the problems of indigenous people to the fullest by encompassing and addressing to all the sides of the picture.

Although these cultures are far away from the education standards that we have in our part of the world, this does not mean that these cultures are un-civilized a un cultured, as they have a very strong line that they follow in order to educate their culture and their own knowledge to their next generations. This is the reason why the cultural and social norms of indigenous people is still so strong and original though they are centuries old.

However governments also have some limitations, as they maintain that they are not completely indifferent to the problems of indigenous people. How ever, indigenous people should also understand that the lands they are inhibited in are very crucial in the economic prosperity of the respective countries which at the end is the goal of all countries around the globe. Today International Law has given immense importance and protection to human rights of the minorities all over the world .

Their rights cannot be exploited under its banner, no superior population can enforce its culture, language and norms on the minorities and especially indigenous people; the only way to approach now is to have peaceful negotiation.

Reference

Domestic Legal Perspectives . Earthscan Publications Ltd, 2007. Innovation in International Law. Transnational Publishers , 2000 Henkin, Pugh, Schachter, and Smith, International Law, Cases and Materials , West Publishing Co. , 2nd edition, 1987.