Hamburg, Freie und Hansestadt, Alemania
Despite the growing international legal framework protecting indigenous peoples, indigenous groups and communities continue to be some of the most vulnerable groups that remain unprotected by international law as they remain at the mercy of the prioritization of state interests. This contribution utilises the plight of the Mapuche peoples in Chile to highlight the role of various actors in perpetuating colonial continuities within the postcolonial state thus ensuring indigenous peoples’ precarious conditions. By so doing, it explores the imperial and hegemonic foundations of international law and its connection to racial discrimination and introduces a threefold classification of rights – tangible, intangible, and fluid – to contextualize indigenous issues. The article advocates for decolonizing international law by adopting peoples-centred interpretations of self-determination and sovereignty, highlighting the colonial roots of racialized marginalization.