The Research On The Rights And Interests Protection Of Aborigines In The Mineral Resources Area

Aborigines in the mineral resources area are a special group fundamentally different from aborigines, Both of them have distinction, as well as connection. Aborigines in the mineral resources area refer to a group residing in a particular area, enjoying certain rights and interests, and having close connection with mineral resources. They rely on the natural and social resources in the mineral resources area for production and development, and are directly affected by the exploitation of the local mineral resources. For a long time, the provisions about the rights and interests of the aborigines in the mineral resources area are very blurred in China. The Mineral Resources Law stipulates to care for the minorities’ rights, but not for the Han nationality. In the academic research, yet scholars have realized that "local residents" should enjoy more interests than the general social members, but still have not deeply analyzed the interests distribution mechanism and the value compensation mechanism of mineral resources exploitation.This paper researches the rights and interests protection of aborigines in the mineral resources area mainly from four aspects, layer upon layer, discussed deeply. First, puts forward the concept of aborigines in the mineral resources area by comparing and analyzing the ethnological definition of aborigines, and the widely used appellation of the interests distribution mechanism and the value compensation mechanism of mineral resources exploitation in academia. What’s more, sums up the, same and different contents in the community, living time and areas, rights and interests, and the colonial colors between aborigines and aborigines in the mineral resources area. Second, discusses the legitimacy detailedly from two aspects. One is the value of the rights and interests protection of aborigines in the mineral resources area, and the other one is the value of mineral resources. By arguing the value of justice、equality、human rights, and the natural value of mineral resources、the value of ecological compensation, including the inter-generational value, lays the theoretical foundation of the rights and interests protection of aborigines in the mineral resources area. Third, generalizes the specific rights of aborigines in the mineral resources area. This article divides the rights and interests of aborigines in the mineral resources area from the point of view of the real rights and basic human rights. And the latter including the right to live、the right to development、environmental rights as well as the social security rights. Seeing the rights of aborigines in the mineral resources area from a different perspective paves the way for following system construction. Finally, analyzes actuality, learns from foreign advanced experience, and perfects the way of sharing benefits for aborigines in the mineral resources area in China. On the basis of analysing the current situation of the domestic legislation, comparing the research on the relevant legislation of Philippines, Canada, Japan and other countries, this paper puts forward five principles, such as distributive justice, inter-generational equity, basic human rights preferential safeguard, ecological priorities and the polluters paying、beneficiaries compensating. Furthermore, by devising benefit-sharing system, setting up the "hematopoietic system", improving the ecological compensation system,to protect the legitimate rights and interests of aborigines in the mineral resources area in our country.