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土著民族是当今世界上的弱势群体,其生存与发展权利受到广泛关注,从法律上对其进行保护也在不断完善。早在15世纪土著民族就已进入了国际法的视野,但当时传统国际法的领土取得理论却为欧洲殖民者侵占土著民族的土地提供了“合法”的外衣。第一个关注土著人的国际劳工组织制定了两个专门针对土著民族的具有国际法约束力的国际公约。二战后,在联合国体制下国际人权体系的迅速发展和完善为土著民族的权利提供了另一层面的国际法保护。由此,有关土著民族的普遍国际法得以形成。上世纪90年代来,国际社会的共同努力促使土著民族普遍国际法朝着深度和广度迈进。
Indigenous peoples are the disadvantaged groups in the world today. Their rights to survival and development have drawn widespread attention and the protection of them from the law is also constantly improving. As early as the 15th century, the indigenous peoples had entered the perspective of international law. However, the theory of territorial acquisition of traditional international law at that time provided the “legal ” coat for the enclave of indigenous peoples by the European colonialists. The first ILO focused on indigenous peoples has two international conventions binding on indigenous peoples that are legally binding on international law. After World War II, the rapid development and improvement of the international human rights system under the UN system provided another level of international law protection for the rights of indigenous peoples. As a result, universal international law relating to indigenous peoples emerged. Since the 1990s, the joint efforts of the international community have prompted the extensive and universal extent of the universal international law of indigenous peoples.