Document Type : Article
Authors
1 Associate Prof., Department of Public Law, Faculty of Law and Political Science, University of Tehran, Tehran, Iran
2 .D. Student in Public International Law, Faculty of Law and Political Science, University of Tehran, Tehran, Iran
Abstract
Indigenous rights are a set of rights that takes the indigenous peoples particular situation into consideration and defines certain standards to preserve their lives, lands and territories, languages, religions, and other cultural heritage which constitute a part of their identity. The present study raises the question whether investment in development plans and programs poses threats to the rights of indigenous peoples or not? If so, which rights are threatened by them, and what are the bases for these arguments according to international law? And what is the solution for creating balance between the rights of the indigenous peoples and the rights of the investors? This study, by examining the ILO Convention No. 169 (Indigenous and Tribal Peoples Convention, 1989) and the United Nations Declaration on the Rights of Indigenous Peoples, 2007, seeks to proposes that development and investment programs affecting the indigenous peoples, must be implemented after consulting with them and in accordance with the rights specified in these two legal instruments. The study will also provide a solution to create a balance between the aforementioned rights of the indigenous peoples and the rights of the investors.
Keywords
انگلیسی
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