Вісник Харківського національного університету імені В. Н. Каразіна Серія: «Право» (Dec 2022)

INTERNATIONAL INSTITUTIONAL MECHANISM FOR THE PROTECTION OF INDIGENOUS PEOPLES' RIGHTS

  • Tetayna Syriid,
  • Lina Fomina,
  • Pavlo Fomin

DOI
https://doi.org/10.26565/2075-1834-2022-34-20
Journal volume & issue
no. 34
pp. 161 – 170

Abstract

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The article analyzes the institutional mechanism for protecting the rights of indigenous peoples at the international universal and regional levels, in particular within the United Nations, the African Union, the Organization of American States etc. It was established that in order to comprehensively protect and promote the rights of indigenous peoples, a number of bodies and specially authorized officials function within the UN structure (the UN Permanent Forum on Indigenous Issues, the Inter-Agency Support Group, the Expert Mechanism on the Rights of Indigenous Peoples, the Special Rapporteur on the Rights of Indigenous Peoples). It is emphasized that the activities of such bodies and special procedures are aimed at raising awareness of the rights of indigenous peoples, promoting integration and coordination of activities in this area, promoting the application of the UN Declaration on the Rights of Indigenous Peoples, preparing and publishing studies on the situation of indigenous peoples' rights, assisting Member States and/or indigenous peoples in developing legislation and policies related to the rights of indigenous peoples, identifying best practices and sharing them, etc. It was determined that within the American and African regions, an organizational and legal framework in this area has also been created, including: the Working Group on Indigenous Populations/Communities and Minorities in Africa and the Office of the Rapporteur on the Rights of Indigenous Peoples. It is emphasized that the mandate of the Working Group on Indigenous Populations/Communities and Minorities in Africa includes minority rights, given that the protection of the rights of non-dominant minorities is key to ensuring the exercise of rights on an equal footing as well as socio-economic development, national cohesion, peaceful coexistence and conflict prevention on the continent.

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