- published: 29 Nov 2012
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Indigenous rights are those rights that exist in recognition of the specific condition of the indigenous peoples. This includes not only the most basic human rights of physical survival and integrity, but also the preservation of their land, language, religion and other elements of cultural heritage that are a part of their existence as a people. This can be used as an expression for advocacy of social organizations or form a part of the national law in establishing the relation between a government and the right of self-determination among the indigenous people living within its borders, or in international law as a protection against violation by actions of governments or groups of private interests.
The indigenous rights belong to those who, being indigenous peoples, are defined by being the original settlers of a land that has been invaded and colonized by outsiders. Exactly who is a part of the indigenous peoples is disputed, but can broadly be understood in relation to colonialism. When we speak of indigenous peoples we speak of those pre-colonial societies that face a specific threat from this phenomenon of occupation, and the relation that these societies have with the colonial powers. The exact definition of who are the indigenous people, and the consequent state of rightsholders, varies. It is considered both to be bad to be too inclusive as it is to be non-inclusive. In the context of modern indigenous people of European colonial powers, the recognition of indigenous rights can be traced to at least the period of Renaissance. Along with the justification of colonialism with a higher purpose for both the colonists and colonized, some voices expressed concerned over the way the indigenous people were treated and the effect it had on their society.
Indigenous peoples are ethnic groups that are defined as "indigenous" according to one of the various definitions of the term, though there is no universally accepted definition.
In the late twentieth century, the term began to be used primarily to refer to ethnic groups that have historical ties to groups that existed in a territory prior to colonization or formation of a nation state, and which normally preserve a degree of cultural and political separation from the mainstream culture and political system of the nation state within the border of which the indigenous group is located. The political sense of the term defines these groups as particularly vulnerable to exploitation and oppression by nation states. As a result, a special set of political rights in accordance with international law have been set forth by international organizations such as the United Nations, the International Labour Organization and the World Bank. The United Nations have issued a Declaration on the Rights of Indigenous Peoples to protect the collective rights of indigenous peoples to their culture, identity, language, employment, health, education and natural resources. Depending on which precise definition of "indigenous people" used, and on the census, estimates of a world total population of Indigenous people range from 220 million Indigenous peoples in 1997 to 350 million in 2004.
Ward LeRoy Churchill (born October 2, 1947) is an author and political activist. He was a professor of ethnic studies at the University of Colorado at Boulder from 1990 to 2007. The primary focus of his work is on the historical treatment of political dissenters and Native Americans by the United States government. His work features controversial and provocative views, written in a direct, often confrontational style.
In January 2005, Churchill's work attracted publicity because of the widespread circulation of a 2001 essay, "On the Justice of Roosting Chickens". In the essay, he claimed that the September 11, 2001 attacks were a natural and unavoidable consequence of what he views as unlawful US policy, and he referred to the "technocratic corps" working in the World Trade Center as "little Eichmanns".
In March 2005 the University of Colorado began investigating allegations that Churchill had engaged in research misconduct; it reported in June 2006 that he had done so. Churchill was fired on July 24, 2007, leading to a claim by some scholars that he was fired over the ideas he expressed. Churchill filed a lawsuit against the University of Colorado for unlawful termination of employment. In April 2009 a Denver jury found that Churchill was wrongly fired, awarding him $1 in damages. In July, 2009, a District Court judge vacated the monetary award and declined Churchill's request to order his reinstatement, deciding the university has "quasi-judicial immunity". In February, 2010, Churchill appealed the judge's decision. In November 2010, the Colorado Court of Appeals upheld a lower-court's ruling that the University of Colorado officials sued by Ward Churchill were immune from his lawsuit accusing them of violating his First Amendment rights when they dismissed him as a tenured ethnic-studies professor. Churchill has appealed that decision to the Colorado Supreme Court, which agreed in May 2011 to hear his case.