Indigenous Rights in International Law
How international legal frameworks address the rights of indigenous peoples, from ILO Convention 169 to UNDRIP.
The International Legal Framework
Indigenous peoples' rights occupy a unique space in international law. For centuries, international law was used to justify colonization through doctrines like terra nullius (empty land) and the 'standard of civilization.' The modern framework represents a reversal: international law now recognizes indigenous peoples as distinct legal subjects with collective rights to their lands, cultures, and self-governance.
The main instruments are ILO Convention 169 (1989), the only binding treaty specifically addressing indigenous peoples, and the UN Declaration on the Rights of Indigenous Peoples (UNDRIP, 2007). ILO Convention 169 has been ratified by only 24 countries, most in Latin America, but it has been influential far beyond its signatories. UNDRIP, though non-binding, has been endorsed by all UN member states and is increasingly cited by courts.