Highland Crofters Seek Recognition as ‘Indigenous' People
Crofters – people living the traditional rural life in the Scottish Highland and Islands – are now exploring the possibility of being recognised as an ‘indigenous’ group in an attempt to protect and preserve their traditional way of life according to the Independent. Traditionally, crofters reside on a small plot of tenured land on which they farm and although crofting was once widespread, it is today found mainly in the Highlands and Western Isles of Scotland where it remains a vital part of rural communities. The entire system of crofting and tenureship of land in these areas is a topic attracting great passion and emotions as images of the Highland clearances are frequently invoked in discussions on rights to land.
In a recent report the Scottish Crofting Foundation (SCF) argues in favour of applying the label ‘indigenous’ to the crofting communities asserting that it will improve their legal status and recognition. The Report highlights the success that the Sami people of Norway have had in being recognised as ‘indigenous’ by the Norwegian Government. In addition, the SCF argues that the Scottish Government should devolve power and decision-making to a special Assembly of Crofters. Although a vast body of international instruments are in place in relation to minority populations (for instance, ILO Convention No. 169 concerning Indigenous and Tribal Peoples in Independent Countries, UN Draft Declaration on the Rights of Indigenous Peoples, European Charter for Regional or Minority Languages and Framework Convention for the Protection of National Minorities), it is doubtful whether the SCF will succeed in their quest as the UK Government has thus far argued that no indigenous groups exist in the UK. This has logically led to the above mentioned international instruments not being implemented in the UK. In addition, there is no clear definition under international law as to what ‘indigenous' means. Finally, a Scottish Government eager to seek independence from the Union might not be all that willing to give away any recently acquired powers.
In a recent report the Scottish Crofting Foundation (SCF) argues in favour of applying the label ‘indigenous’ to the crofting communities asserting that it will improve their legal status and recognition. The Report highlights the success that the Sami people of Norway have had in being recognised as ‘indigenous’ by the Norwegian Government. In addition, the SCF argues that the Scottish Government should devolve power and decision-making to a special Assembly of Crofters. Although a vast body of international instruments are in place in relation to minority populations (for instance, ILO Convention No. 169 concerning Indigenous and Tribal Peoples in Independent Countries, UN Draft Declaration on the Rights of Indigenous Peoples, European Charter for Regional or Minority Languages and Framework Convention for the Protection of National Minorities), it is doubtful whether the SCF will succeed in their quest as the UK Government has thus far argued that no indigenous groups exist in the UK. This has logically led to the above mentioned international instruments not being implemented in the UK. In addition, there is no clear definition under international law as to what ‘indigenous' means. Finally, a Scottish Government eager to seek independence from the Union might not be all that willing to give away any recently acquired powers.
Comments