tailieunhanh - .Indigenous Rights and United Nations Standards Part 10

Quốc gia có thể được sẵn sàng để chấp nhận một cách tiếp cận. Khả năng khác bao gồm việc công nhận quyền tự quyết rằng sẽ loại trừ dấu hiệu ban đầu về ly khai prima hoặc bảo vệ của một số khía cạnh của tự quyết mà không cần tham khảo thực tế bên phải có đủ điều kiện. | CONCLUSIONS 283 indigenous self-determination merely as autonomy and participation in the life of the state. States may be more willing to accept such an approach. Other possibilities include the recognition of a qualified right of self-determination that would exclude prima facie secession or the protection of some aspects of self-determination without actual reference to the right. The second option has been already followed by ILO Convention No. 169. In their majority indigenous cultural claims can be satisfied by application of existing standards. When not recognised explicitly in international law indigenous claims seem a natural next step. For example although indigenous protection against cultural genocide is not explicitly included in international instruments aspects of the concept are well-established and the underlying principle of the right well-protected. Therefore its explicit recognition would not be against international standards. However other indigenous cultural claims challenge current international law as the latter focuses on state or individual ownership and promotes a commercial understanding of culture. However lately there is some evidence that United Nations bodies endorse indigenous perceptions about culture. Continuous indigenous references to minority rights have also produced a growing jurisprudence on the matter. The most difficult challenge must be claims for indigenous intellectual property rights the solution of a sui generis system solely for indigenous intellectual property rights may again provide a realistic solution. Indigenous land rights are also gradually being recognised in the United Nations however although indigenous peoples view them as part of their right to self-determination UN monitoring bodies have mainly advanced them as part of indigenous cultural rights. In recent times concluding observations of monitoring bodies have placed indigenous land rights in the realm of self-determination. Recognition of collective