ABSTRACT

The rights of indigenous peoples have assumed a prominent place in intergovernmental human rights discourse in the past 30 years. During this time, there has been a steady evolution in normative development towards a greater recognition of indigenous rights that can only be described as remarkable. Some scholars argue that these rights, in whole or part, have already achieved the status of customary international law and are therefore legally binding. Even a cursory look at the treatment of indigenous peoples by states, however, demonstrates that there is a long way to go before indigenous peoples are secure in the enjoyment of these guarantees. This is especially the case when indigenous rights conflict with state development plans and multinational operations, which in many cases are supported by powerful local elites capable of manipulating political, legal and judicial systems.