PROTECTION OF THE RIGHTS OF INDIGENOUS PEOPLES: INTERNATIONAL STANDARDS AND UKRAINIAN EXPERIENCE

Abstract

The purpose of the article is to study the formation of Ukraine’s legislative framework for the protection of the rights of indigenous peoples with due regard for modern approaches to the development of the topic in the field of international law. The study is based on historical and legal, comparative legal, formal legal and documentary analysis methods. Results. The topic of protecting the rights of indigenous peoples is relatively new, both in international law and in Ukrainian legislation. The adoption of the UN Declaration on the Rights of Indigenous Peoples (2007) at the international level and the Law of Ukraine “On Indigenous Peoples of Ukraine” (2021) in Ukrainian legislation were milestones. At present, there are still relevant issues related to the development of indigenous rights, in particular, the observance of indigenous rights in the light of dynamic climate change, or the possibilities of indigenous peoples in the field of maritime space and resources, or the search for justice in the light of the colonial past and attempts to overcome its consequences for indigenous peoples, etc. The authors emphasize the relevance of further improvement of the Law of Ukraine “On Indigenous Peoples of Ukraine” of 2021, in particular in terms of supplementing the list of indigenous peoples of Ukraine and developing the industry through the adoption of new bylaws. Conclusions. In the authors’ opinion, Ukraine has passed an important stage in the formation of the fundamental regulatory framework for the protection of the rights of indigenous peoples. In this process, the Ukrainian legislator was guided by international principles in this area. Moreover, modern Ukrainian legislation has received a normative definition of the concept of “indigenous people” that is still absent in international law. At the same time, Ukraine faces the task of ratifying international agreements that will allow not only to declare but also to guarantee the observance of the rights of indigenous peoples, in particular, accession to the 1989 ILO Indigenous and Tribal Peoples Convention.