Human Rights Norms

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5. International Human Rights Norms and Mechanisms Protecting Indigenous Rights Though the indigenous peoples are distinctive from the other nationals of the country but they have the equal human rights of other human beings. Accordingly, the international norms protecting human rights are also applicable to them. The development project will affect the right to life and other subsistence rights of the indigenous peoples as all human rights are interlinked. The right to adequate standard of living has been addressed in a number of international conventions where Indonesia is a signatory. Article 25 of the Universal Declaration of Human rights 1948 (UDHR) guarantees the adequate standard of living rights of all individuals. Similarly, the International…show more content…
Article 2 of the said Convention ensures that indigenous peoples are equal to all other peoples. They have the right of existence, of living free of discrimination under international law. Hence, there is no scope to ignore international obligation by saying that there is no protection of indigenous people rights. International laws provide indigenous peoples rights protection both explicitly and implicitly under various international treaties and declarations. Consequently, Indonesia as a member of the international community has the obligation to respect, protect and fulfill the human rights of the indigenous…show more content…
The state has the obligation to respect the minimum subsistence rights of all indigenous communities in the country. 6.2 The obligation to protect the right of indigenous people The state has an obligation to protect the indigenous people from any kind of discrimination and address the issue with an effective legal mechanism. It also includes state obligation to prevent any interference with, alienation of or encroachment upon traditions and customs, land-tenure systems and institutions of the indigenous peoples by third parties for the development and management of resources. 6.3 The obligation to fulfill the right of indigenous people The obligation to fulfill requires state mechanisms to develop and facilitate indigenous rights by amending existing paradoxical laws, ensuring affordable living condition, increasing diverse opportunities and strengthening social securities of the indigenous people. Therefore, by promoting human rights of the indigenous peoples the state can fulfill its obligation towards indigenous

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