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Chapter Summary

After centuries of colonization and dispossession, indigenous peoples have finally begun to gain a degree of recognition of the right to live on their lands. The human rights discourse has contributed to the development of a legal regime on indigenous peoples' land rights. There are two perspectives on the development of indigenous peoples' land rights. The first is to adopt a pessimistic approach, as reports coming from indigenous peoples all over the world still reveal dispossession and land encroachment, rather than a story of recognition and respect for their attachment to their lands. From this perspective, the recent developments of human rights law seem relatively minimal. The second way is to adopt an optimistic view based on the fact that for centuries indigenous peoples' connection to their lands has been absolutely ignored and discarded under discriminatory and racist theories and practices.

Keywords: colonization; human rights; indigenous peoples; land rights; pessimistic approach; racist theories



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