Ethno-national policies: legal dimensions and protections for indigenous peoples

Abstract

The problem of observance of the rights of indigenous peoples is an urgent challenge for the modern legal system. The purpose of this study is to examine the legal aspects of ethno-national policy, especially in protecting indigenous peoples’ rights and interests. The study is based on the scientific methods of synthesis, analysis of current regulations, and scientific literature. The scientific literature analysis was carried out per the criteria for selecting relevant studies and their processing. The results show that the term “ethno-national policy” defines a set of governmental measures aimed at addressing the needs of ethnic and indigenous communities within the nation-state. It is observed that the trajectory of society’s development has limited the protection of the rights of indigenous peoples. An important step in counteracting this was the adoption of Convention No. 169 by the International Labour Organization, which defined approaches to the protection and integration of the rights of indigenous peoples. The author notes that this Convention, as well as the Declaration of the Rights of Indigenous Peoples, have contributed to improving their legal protection and social status, although some EU countries have not adopted the provisions of the Convention. It is noted that the right to self-determination fills other rights, including the right to culture and autonomy. The Declaration recognises the link between self-determination, autonomy, and the preservation of indigenous identity. The conclusions emphasise regional initiatives and jurisprudence, including decisions of the Inter-American Court of Human Rights, which confirm indigenous peoples’ rights to land and resources.