Indigenous “People” in the context of the Right to Self Determination: A Critical Appraisal

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Mitul Dutta1 & Navin Sinha2
1Asst. Professor, School of Law, KIIT University, KIIT University, Bhubaneshwar, Orisha. ORCID id- https://orcid.org/0000-0002-6800-8469. Email: mituldutta@kls.ac.in.

2Asst. Professor, School of Business and Law, Navrachna University, Navrachna University, Vadodara, Gujarat. ORCID id- https://orcid.org/0000-0003-3086-3504. Email: navins@nuv.ac.in.

 Volume 13, Number 3, 2021 I Full-Text PDF

DOI: 10.21659/rupkatha.v13n3.32

Abstract

Under the international human rights regime, the right to self-determination is a right guaranteed to the groups of “people”. This right is one of the most controversial issues of international law as it comes into conflict with the principle of sovereignty and territorial integrity of the states. There are various uncertainties associated with this right regarding the scope of the right and mode of implementation etc. The present article seeks to make an in-depth analysis of the claimants of the right and the uncertainties associated with the meaning of the term “people” in the context of the right to self-determination. The article encompasses, among other things, the right of indigenous people under various international instruments and how they interrelate to the right of self-determination.

Keywords: Right to self-determination, people, indigenous people.