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 take the indigenous peoples particular situation into consideration and define certain standards to preserve their lives, territories, languages, religions, and other cultural heritage, all of which constitute their identity. The present paper raises the question whether investment in development plans and projects threatens the rights of indigenous peoples or not? If so, which rights are threatened by them, and what are the bases for such claims in international law? Furthermore, what is the solution for balancing the rights of the indigenous people and the rights of the investor? This study, by examining the 1989 ILO Convention No. 169 (Indigenous and Tribal Peoples Convention) and the 2007 United Nations Declaration on the Rights of Indigenous Peoples, seeks to propose that development and investment programs affecting the indigenous peoples must be implemented after consulting with them and in accordance with the rights specified in legal instruments. The study will also propose ways to balance the rights of the indigenous peoples and the rights of the investors.
Keywords
انگلیسی
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Refrences In Persian:
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