Self-determination of indigenous minorities

Abstract

In this thesis I have sought to focus upon these changes after attempting to give a historico-political account of developments in the last century which sparked off changes that still affect indigenous peoples at the dawn of a new century. For indigenous peoples the recognition of the right to self-determination is a question of equity, of being treated like all other peoples. Self-determination is one of the fundamental rights of peoples in international law. It is enshrined in the Charter of the United Nations, the International Covenant on Civil and Political Rights and the International Covenant on Economic, Social and Cultural Rights. The right to self-determination has also been recognised in many other international instruments and has also been endorsed by the International Court of Justice which has referred to it as being a right erga omnes. Eminent publicists such as Professor Ian Brownlie have indicated clearly that in addition to being a right under international law, peoples' right of self-determination should also be regarded as jus cogens, a peremptory norm of general international law. Article 53 of the Vienna Convention on the Law of Treaties provides that a peremptory norm of general international law is accepted and recognised as a norm from which no derogation is permitted and that can be modified only by a subsequent norm of general international law of the same nature. Furthermore, it provides that a treaty is void if, at the time of its conclusion, it conflicts with a peremptory norm of general international law. The first chapter of this body of work indicates the link between the emergence of the individual as a player in the international law field and self-determination. The introduction provides an analysis of the title of this thesis. The first four chapters serve to highlight the sources which give legal standing to this right whilst the last chapters focus on the people who stand to benefit from this right with an added onus on the rights of indigenous minorities. The aim of this thesis shows that the principle and fundamental right to self-determination of all peoples is firmly established in international law, and must therefore be applied equally and universally. I also hope to indicate how by direct participation in legal processes indigenous minorities might better protect their authentic claims. This would also demonstrate that in fact the international law process is one that works and is continually developing to better safeguard the rights of individuals.