Problems of ensuring the rights and freedoms of indigenous peoples
experience of Ukraine and foreign countries
The purpose of this study is to provide a scientific analysis of the challenges in ensuring the rights and freedoms of indigenous peoples, drawing on the experiences of Ukraine and other countries, and to formulate well-founded conclusions and recommendations for addressing these issues. The study highlights several key points, including the lack of a universally accepted definition of “indigenous peoples” and a consistent approach to their rights, the prevailing perception of indigenous peoples as ethnic minorities without a state, the existence of diverse national policies regarding these communities, and the crucial importance of safeguarding their rights to preserve cultural identity.
Research in this field primarily focuses on the participation of indigenous self-governments in the implementation of national policies, particularly those related to environmental impact; the protection of indigenous cultural identity, including intellectual property rights; and the enhancement of the legal status of indigenous peoples at both national and international levels. Moreover, Ukraine’s experience provides valuable insights for other states in assessing the ability of governmental institutions to engage with indigenous representative bodies under special legal regimes.
The study concludes that UN member states should prioritize the adoption of a standardized definition of “indigenous peoples” alongside a comprehensive framework for their rights and freedoms. Additionally, it underscores that Ukraine’s experience is largely centered on protecting the rights of its indigenous groups—namely, the Crimean Tatars, Karaites, and Krymchaks—against human rights violations perpetrated by the occupying Russian authorities in Crimea and other temporarily occupied territories. Finally, it emphasizes the absence of effective international mechanisms for safeguarding these rights.
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