Protection of Indigenous Land Rights

General AssemblySocial, Humanitarian & Cultural Committee

TopicProtection of Indigenous Land Rights

For all of modern history, Indigenous People have been continuously victims of the consequences of colonisation. These populations have experienced forced displacement, cultural erosion, land dispossession, and systematic discrimination and violence. It is estimated that there are about 476 million people currently belonging to Indigenous communities today, yet they consistently rank among the most marginalised populations on the planet.

Globally, there is a long history of illegal and unjust dispossession of Indigenous land which continues today, and the protections for Indigenous populations vary among nations, but fall into one of three general categories: nations with complicated means of granting land tenure to Indigenous peoples, those who have failed to recognize the rights of Indigenous peoples, and those who have continued to perpetuate violence against indigenous populations. These issues are most often rooted in a lack of state awareness of Indigenous rights standards, the non-binding nature of United Nations resolutions, and limited financial and political influence within Indigenous populations.

Currently, there are not many protections regarding indigenous peoples and their land. Most protections come from sovereign states creating frameworks for Indigenous People on their own land. There is only one international instrument created by the United Nations that focuses on the significance of Indigenous land and resources: The UN Declaration of the Rights of Indigenous Peoples (UNDRIP). Created on September 13, 2007, this document was voted against by only four states (USA, Australia, Canada, and New Zealand), though now these states endorse the document. This demonstrates that the world is in general agreement that Indigenous People have faced injustice and violence that must be compensated. However, the main issue is the enforcement of the regulations laid out in the UNDRIP; it is difficult for states to grant full independence to Indigenous populations while managing their own government. While the UNDRIP is non-binding, other documents that are internationally binding exist, such as the ILO Convention 169 on Indigenous and Tribal Peoples; yet the 23 States that ratified this do not adhere to the guidelines of this document to effectively protect indigenous peoples’ land.

In this committee, delegates must consider these few key principles in the compensation of injustice inflicted upon Indigenous land. First, Article 3 of the UNDRIP describes self-determination, which means that Indigenous People should have the right to establish political, social, and cultural authority without external involvement. UNDRIP also states that Indigenous people must have free, prior, and informed consent on development projects and government functions that may interfere with Indigenous affairs. Finally, along with land, there is little awareness of the fading culture, traditions, and languages of Indigenous People. This, along with the lack of political will, limited financial resources, and conflicts with other national regulations, makes states less likely to effectively implement protections for Indigenous land.

Focus Questions:

1. How can nations compensate Indigenous people for historic land dispossession, forced displacement, and cultural erosion/violence?
2. How can a state ensure self-determination of Indigenous populations while executing its government affairs and maintaining its sovereignty?
3. How can international instruments such as the UNDRIP be more effective in creating clarity and enforcing regulations on protecting indigenous land?

Useful Links:

2007 UNDRIP Resolution:
https://digitallibrary.un.org/record/606782?ln=en&v=pdf 

Key Documents on Protection of Indigenous Land:
https://thelaw.institute/human-rights-evolution-concepts-and-concerns/indigenous-peoples-rights -international-instruments/

Submit a Position Paper

Submitted Position Papers