Indigenous Rights and Constitutional Recognition: A Comparative Analysis

  • B. James Jaya Raj
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  • B. James Jaya Raj

    Assistant Professor of Law at Telangana Tribal Welfare Residential Law College, Sangareddy, Telangana, India

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Abstract

Constitutional recognition of Indigenous rights is a complex global issue with no one-size-fits-all solution. This analysis examines diverse approaches to constitutional recognition, drawing upon case studies from various nations to identify key themes and lessons learned. The findings reveal that while plurinational constitutionalism shows promise in countries like in Latin America , implementation remains a challenge . In places like New Zealand, the Treaty of Waitangi highlights the need to address historical grievances. A recurring theme across all cases is the gap between constitutional principles and the lived realities of Indigenous peoples . Several recommendations emerge from the synthesis of these case studies. Governments and policymakers should engage in genuine consultation with Indigenous communities, integrate Indigenous perspectives into constitutional reforms, and invest in mechanisms that support the enforcement of Indigenous rights . Indigenous communities must continue advocating for their rights through political mobilization, legal challenges, and cultural revitalization. For all stakeholders, fostering a culture of respect and reconciliation is crucial for building a more just society. Future research should focus on the long-term impacts of constitutional recognition on Indigenous well-being and cultural survival. Comparative studies examining the experiences of Indigenous women are particularly needed. Innovative mechanisms for implementing Indigenous rights, such as community-based monitoring, also warrant further investigation. Constitutional recognition is a moral imperative that requires courage, commitment, and a willingness to embrace a more inclusive vision of citizenship . By acknowledging the rights and dignity of Indigenous peoples, nations can begin to heal the wounds of the past and build a more equitable future for all.

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Research Paper

Information

International Journal of Law Management and Humanities, Volume 8, Issue 2, Page 822 - 834

DOI: https://doij.org/10.10000/IJLMH.119174

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This is an Open Access article, distributed under the terms of the Creative Commons Attribution -NonCommercial 4.0 International (CC BY-NC 4.0) (https://creativecommons.org/licenses/by-nc/4.0/), which permits remixing, adapting, and building upon the work for non-commercial use, provided the original work is properly cited.

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