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.Indigenous Rights and United Nations Standards Part 7

Hai thập kỷ trước đây cho thấy người dân bản địa có thể được coi là một trường hợp đặc biệt cho các mục đích của luật pháp quốc tế sẽ là không thực tế. | RIGHT OF SELF-DETERMINATION 175 Two decades ago suggesting that indigenous peoples can be perceived as a special case for the purposes of international law would be unrealistic. However the international community has shown evidence of endorsing this view the most notable example being the establishment of the Permanent Forum a body largely comprised of indigenous representatives. Such a body in such a high position in the hierarchy of the United Nations can only be explained in terms of indigenous special circumstances . No other vulnerable group has received such treatment from the United Nations or any other international organisation this can be taken as proof that the international community is willing to accept the special status of indigenous peoples which could possibly expand into a special right of self-determination. Recognition of indigenous self-determination based on their distinct past may attract more positive responses from the states mainly because recognising the right on such basis avoids opening the floodgates for other groups claims to self-determination. However another element of this approach - also attractive to some states - is the vague nature of what is offered. It is not clear what this special right would entail. Would it add to the existing status of indigenous peoples or would it be just a gesture of goodwill with no real substance Would this right allow for more participation and indigenous control over matters that affect them When indigenous peoples invoke such a general right as selfdetermination they inevitably take on board its non-indigenous dimensions .320 The concept cannot have one meaning for all peoples and another for indigenous peoples. Also this tactic would again isolate indigenous peoples from the peoples of Article 1 of the International Covenants. However indigenous peoples partly ask for indigenous selfdetermination as a recognition that they are peoples like all other beneficiaries of Article 1 of the .