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Human and Peoples' Rights
Human Rights our
Collective Responsibility
and defend the right to self-determination and protect and safeguard the social,
cultural and economic development of all peoples.
133. They argue that denying indigenous peoples the same internationally recognized
right to self-determination that other people enjoy constitutes another manifestation
of racism and cultural chauvinism that has characterized the historical disregard for
international law by indigenous peoples. Moreover, limiting the application of selfdetermination to the post-World War 11 decolonization movement and excluding its
application to the current Indigenous rights movement requires the illogical claim that
the indigenous peoples of the colonizing states were not victims of European
colonization.
Consequently, indigenous peoples and the State must have
interrelations, which have nothing to do with State territories.
134. They claim that Ortiga has established criteria that should be used to examine
how the proposed solutions will contribute to solving the problems of the Kekenyokia
Maasai. Ortiga's six criteria are as follows:
1) Land tenure regime: the nature of the land right that has been recognised ,
which can range from direct ownership (fee simple), through various types of
restricted ownership, to rights of simple use (usufruct);
2) Territorial recognition: recognition of land in a form that corresponds to the
concept of indigenous territory, as defined by ILO 169;
3) Rights over natural resources: the types of rights over the ownership,
management and use of natural resources granted as a consequence of the
right to land;
4) Security of tenure: the degree of security of the type of land title;
5) Autonomy: the degree of autonomy in the management of its own affairs that
is granted to an indigenous group as a consequence of its land rights, including
legal recognition as an indigenous group and its ability to use its own traditional
legal and judicial systems;
6) Legal recourse : the legal actions they take to defend their land.
The alleged violation of the right to development