Page 38 - Rights beautiful : collection of Professor Saneh Chamarik
P. 38

Rights Beautiful Collection of Professor Saneh Chamarik


                                    (i)  Right to self-determination, representation, and full participation;
                                    (ii) Recognition of existing treaty arrangements with indigenous
                                         peoples;
                                    (iii) Right to determine own citizenry and obligations of citizenship;
                                    (iv) Right to collective, as well as individual, human rights;
                                    (v)  Right to live in freedom, peace, and security without military
                                         intervention or involvement;
                                    (vi) Right to religious freedom and protection of sacred sites and
                                         objects, including ecosystem, plants, and animals;
                                    (vii) Right to restitution and redress for cultural, intellectual,
                                         religious or spiritual property that is taken or used without
                                         authorization;
                                    (viii) Right to free and prior informed consent;
                                    (ix) Right to control access and exert ownership over plants,
                                         animals and minerals vital to their cultures;
                                    (x)  Right to own, develop, control and use the lands and
                                         territories, including the total environment of the lands, air,
                                         waters, coastal areas, sea-ice, flora and fauna and other
                                         resources which they have traditionally owned or otherwise
                                         occupied or used;
                                    (xi) Right to special measures to control, develop and protect
                                         their sciences, technologies and cultural manifestations,
                                         including human and other genetic resources, seeds,
                                         medicines, knowledge of the properties of fauna and flora,
                                         oral tradition, literature, designs and visual and performing arts;
                                    (xii) Right to just and fair compensation for any such activities
                                         that have adverse environmental, economic, social, cultural
                                         or spiritual impact.
                                    Legally binding or not, the effectiveness of all these numerated
                             rights – i.e. moral claims - depends in the last analysis on the strength
                             of their being recognized and respected as legitimate in society. Thailand

                              32                  OFFICE OF THE NATIONAL HUMAN RIGHTS COMMISSION OF THAILAND
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