Hak Penentuan Kendiri Orang Asal: Tinjauan Mekanisme Terpilih di Bawah Undang-Undang Antarabangsa

Self-Determination Rights of Indigenous Peoples: A Review of Selected Mechanisms Under International Law

Abstract

Article 3 of the United Nations Declaration on the Rights of Indigenous Peoples (UNDRIP) recognizes the self-determination rights of indigenous peoples. Nevertheless, the recognition in practice at the domestic level should be observed. The mechanism under United Nations system is capable of empowering the rights to self-determination of indigenous peoples. This article indicates three main objectives. Firstly, the present study describes the definition and status of the self-determination rights of indigenous peoples under international law. In the second part, the study explains the role of three mechanisms i.e. Permanent Forum on Indigenous Issues (PFII), Expert Mechanism on the Rights of Indigenous Peoples (EMRIP) and the Special Rapporteur on the Rights of Indigenous Peoples (SRRIP) in enhancing the operation of the self-determination rights of indigenous peoples. In addition, the study analyzes the ability of the above mechanisms in protecting the self-determination rights of indigenous peoples. To achieve the above objectives, the study uses qualitative approach and library research. The study revealed that the above mechanisms are capable of protecting the rights of indigenous peoples at the domestic level. However, the recognition in theory and practice play an important role in safeguarding the indigenous people rights as a whole.