Progressive Development of International Law and the Rights of Indigenous Peoples
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Abstract
This essay analyzes how the progressive development of international law has translated into the area of law applicable to native peoples. It is divided into four sections. The first describes the process of recognizing the rights of native communities, in particular within the framework of the United Nations; the second highlights the work done by international organizations and institutions, as well as by nongovernmental organizations to reinforce the rights of indigenous peoples. The third one analyzes the development of recognition and protection of the rights of Mexican indigenous communities since the 1910 Revolution up to our times, and how international law has influenced this process. Lastly, the fourth section describes some legal instruments that strengthen and recognize the rights of indigenous peoples in countries like Argentina, Bolivia, Brazil, Colombia, Ecuador, Guatemala and Venezuela. The conclusions demonstrate the need to increase the autonomy of indigenous communities as a measure to counterweight Nation-States in the face of globalizing trends.