Comparing State and International Protections of Indigenous Peoples' Human Rights

Abstract

Globalization has created the space for indigenous peoples to seek rights in new and creative ways. This article introduces the relational concept between indigenous peoples and others. Then it defines human rights and identifies three generations of human rights as expressed in doctrine and the protections they provide. After discussing the application of human rights to indigenous peoples, the author examines human rights in two cases: the Native Hawaiian sovereignty movement and the Zapatistas (Maya) movement. In each case she seeks to discover which structure—either the state or international system—offers greater openings for the rights that the indigenous groups seek. To discover the range of rights apportioned to indigenous peoples, the author also looks at several state constitutions in the Americas. The findings suggest that the rights of indigenous peoples are better protected by international doctrine.

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