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People's Rights or Victim's Rights: Reexamining the Conceptualization of Indigenous Rights ... 11 Sep 2022 15:57 #12293

  • Feisal Naqvi
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PEOPLE'S RIGHTS OR VICTIM'S RIGHTS: REEXAMINING THE CONCEPTUALIZATION OF INDIGENOUS RIGHTS IN INTERNATIONAL LAW

The Kalash Kafirs, an ethnic group of 2500 people, live in three remote mountainous valleys in Pakistan. ... In the valleys where they were now confined, the Kalash in turn subjugated the indigenous people who had been living there. ... Given the importance attached to independence in Afghani culture, it is no surprise that the Kalash were looked down upon by the other Kafir tribes -- so much so that when Robertson passed through their valleys in 1890 he described them as "not the true independent Kafirs of the Hindu-Kush, but an idolatrous tribe of slaves subject to the Mehtar of Chitral, and living within his borders." ...

Geologically, this Kalash Valley is very narrow with eroded soil raising the riverbed. ... Second, even if we assume, arguendo, that Article 27 is customary international law, the clear language of Article 27 only obligates states to refrain from activities or actions which would have a negative impact on the cultural or religious identity of minority populations. ... Finally, with respect to cultural integrity, Anaya argues that "the new body of international law concerning indigenous peoples intersects with and in significant part extends from a generally applicable human rights norm of cultural integrity." ...

Full text of the essay HERE ↓
www.academia.edu/4515720/Peoples_Rights_...work_card=view-paper

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