Denial of Indigenous Rights: Democracy Turns into Dictatorship.

This paper aims to show, through a comparative study, how the rights of Indigenous Peoples throughout the world, whether in developed or developing nations, are not being adequately protected. The authors submit that this is nothing but a failure of democracy and the modern nation state. For the cause of the economic development of the majority (in which IPS are not interested) Indigenous Peoples are constantly displaced (and hence destroyed), whether this takes the shape of construction of damns, pipelines, or any other development project which causes Indigenous Peoples to loose their homes, cultures and identity. Indigenous Peoples have occupied their lands since times immemorial. They were present before the state came into existence. They are distinct from the other inhabitants of the state, having their own culture, lifestyle, identity and beliefs. Above all they have a very emotional relationship with their land. This paper asks the basic seminal question: "Who gave to the state the right/power to take all this away from these Peoples?"Ever since the formation of the United Nations, the right to Self-Determination has been much talked about. At first it was regarded as only a concept applicable to colonial domination. However, the presence of this right in post colonial documents, with a universalistic expression has quelled such arguments. The Human Rights Covenants and the UN Friendly Relations Declaration make clear that the right is available to all Peoples and can even lead to secession of an existing independent state. Especially for Indigenous Peoples this right is considered to be absolute, by many international documents and jurists. Further, many international documents give to Indigenous Peoples the right to enjoy their culture, community and lifestyle within the sovereign state, as a part of this right.Nevertheless Indigenous Peoples rights are still not protected. The majority does not appreciate their needs and sees them as an obstruction towards development. As a result the democratic state goes ahead with the majority ignoring the basic rights of Indigenous Peoples. This paper seeks to dwell on all these concerns and rake up issues of power legitimacy and authority coupled with international legal protections and rights granted to Indigenous Peoples. ..PAT.-Unpublished Manuscript [ABSTRACT FROM AUTHOR]