Stateless Indigenous People(s)
107
States and for instance local power structures would have to be understood
first, before solutions could be worked out.
From this explorative article it becomes clear that many stateless people do
not seem to have the ‘luxury’ to (re-)create and cultivate their own nationality,
including a passport. Despite the fact that some indigenous people do have
their own passports, often they can do little more than wait and hope for a
change in national legislation and procedures, for effectively functioning
national bureaucracies, and often for just some benevolence of the governments
of the States within which they live.38 This especially relates to issues such as
birth registration, being the basis for and stepping stone to many other rights.
Without such legal recognition it regularly becomes impossible for them to
enjoy a wide range of other practical (human) rights, like ownership over their
lands, access to school systems, jobs, social security, medical care, and sometimes, formal nationality rights.
The phenomenon of the indigenous passports also shows that indigenous
people(s) sometimes want formal and visible recognition of their special
indigenous status, even if, as is regularly the case, they do not plea for an independent State. Such passports have a practical meaning if accepted as travel
documents, but furthermore they are an important manifestation of the distinct cultural identities of indigenous peoples.
Both claims ̶ to be treated equally to other citizens and to be recognized as
distinct people(s) ̶ are backed up by international law. Strong international
legal standards might not only be useful for ‘waking up’ and steering States, but
can also constitute a source of confidence and hope for people(s) struggling for
fundamental rights, like, in this case, the right to own a nationality and the
right to a nationality of their own.
38
Cindy L Hodler and Jeff J Corntassel, ‘Indigenous Peoples and Multicultural Citizenship:
Bridging Collective and Individual Rights’ (2002) 24 Human Rights Quarterly 141.
tilburg law review 19 (2014) 98-107
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