Chapter

Exclusive Movement and Residence of Indigenous People on Traditional Lands

Chaloka Beyani

in Human Rights Standards and the Free Movement of People Within States

Published in print February 2000 | ISBN: 9780198268215
Published online March 2012 | e-ISBN: 9780191683459 | DOI: http://dx.doi.org/10.1093/acprof:oso/9780198268215.003.0005

Series: Oxford Monographs in International Law

Exclusive Movement and Residence of Indigenous People on Traditional Lands

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Although there may be certain restrictions regarding the entry and residence of non-indigenous persons within State bounds that protect identity, lifestyle, and other collective rights of indigenous people that may be associated with traditional lands, these, however, are usually undermined as an important aspect of the human rights' international standards. Because such standards are based on the ideology of Western nations that the centre of protection is grounded on the freedom of an individual, human rights usually tend to focus on the rights of the individual. The classical conceptions of human rights which are concerned with instruments of general application used in the setting of standards did not consider the rights of groups, except maybe in the case of self-determination.

Keywords: non-indigenous persons; international standards; traditional land; indigenous people; human rights; centre of protection; individual freedom

Chapter.  12356 words. 

Subjects: Public International Law

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