Uluslararası hukukta yerli halklar ve Sami (Lapon) Halkının incelenmesi

Abstract

SUMMARY OF THE STUDY If translated into English, the full name of the study would read as ` Indigenous Peoples with Regard to International Law, and the Examination of the Sami (Lappish ) People. ` As the title indicates, the study deals with three main problematics. The first chapter tries to explain the term `indigenous` within the light of the common terminology of International Law. Hence, the term `Indigenous` is rather a new concept in International Law, the certain roots of the concept are also elucidated with regard to Anthropology as well. The second chapter of the study concentrates on the International Instruments, which are in benefit for the Indigenous Peoples. But, before listing the Instruments which have direct and indirect benefits to the Indigenous People, in order to maintain an analytical framework, the demands of the Indigenous Peoples have been re-visited on the basis of the Right of Self -Determination, Land Rights and Cultural Rights. The next step of the second chapter is the discussion whether the conventions signed under the United Nations system have an effect upon the Indigenous Peoples. Particularly, the Article 27., of the International Convention on Civil and Political Rights is the main focus. The third step is divided into two categories; first one examining the importance of the International Labour Office in its supportive and courageous role upon Indigenous Peoples 113since its foundation, where the Convention of 1957 (Convention on Indigenous and Tribal Poulations) is the focus of interest. The second category deals with the Working Group within the united Nations whose aim is to improve the life quality of Indigenous Peoples through standard setting activities. Therefore, the draft convention prepared by the Working Group on Indigenous Peoples is the main point of discussion in this category. The last part of the second chapter is an edition where the reader may get some more information on Non-Governmental International Organizations such as the Minority Rights Groups based in London, or the World Council of Indigenous Peoples based in Ottowa, Canada. Here, it is aimed to emphasize that the struggle of the Indigenous Peoples has found support at the International Fora. The third chapter of the study is the case study of the Sami People of Scandinavia, where an utterance is given not only to the demands of Sami People, but also where the implications of International Law are tested at `Alta Dam Case` in which National Law collides with International Law. The final part of the study notes personal observations of the writer, emphasizing that the topic of Indigenous Peoples is an issue which has been gaining more respect and interest day by day. 114