Evolution of Indigenous Rights Under International Law: Analysis from TWAIL Perspective

Abstract Indigenous people are the most socially, politically, and economically marginalized groups in the world. They are the most oppressed on account of the fact that the values sustaining the moral roots of their culture are considered incompatible with the values of modern culture. This article traces the evolution of rights of indigenous people in international law. It argues that discrimination against indigenous people was maintained under international law based on differences on scale of civilization. It will demonstrate how ‘universal standards’ may be applied not as an agent of liberation but dominance. In doing so, Third World Approaches to International Law (TWAIL) perspective is adopted to deconstruct international law