ABSTRACT

Human rights advocates might thus legitimately fear the larger consequences of practice-based limits to established indigenous peoples’ rights regimes. Larger and long-term developments exerting influence on women’s full enjoyment of rights entail ‘racial discrimination, colonialism, neo-colonialism, aggression, foreign occupation, domination and interference in the internal affairs of States’. Larger developments including adverse effects such as armed conflict create ‘exceptionally difficult conditions’ and thereby result in needs of ‘special consideration’. The indigenous collective rights regime serves as a prime example in illustrating both negotiating dynamics and the involvement of rights holders attributing legitimacy and representativity to the regime. Especially in politically loaded and economically decisive contexts, such rights potentially enter sensitive issues limiting the territorial and sovereignty-related powers of the State. The chapter also presents an overview of the key concepts discussed in this book.