The UN Declaration on the Rights of Indigenous Peoples: A Commentary
The UN Declaration on the Rights of Indigenous Peoples: A Commentary
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Abstract
The rights of indigenous peoples under international law have seen significant change in recent years, as various international bodies have attempted to address the question of how best to protect and enforce their rights. The United Nations Declaration on the Rights of Indigenous Peoples (UNDRIP) is the strongest statement thus far by the international community on this issue. The Declaration was adopted by the United Nations on 13 September 2007, and sets out the individual and collective rights of indigenous peoples, as well as their rights to culture, identity, language, employment, health, education, and other issues. While it is not a legally binding instrument under international law, it represents the development of international legal norms designed to eliminate human rights violations against indigenous peoples, and to help them in combating discrimination and marginalisation. This commentary on the Declaration analyses both the substantive content of the Declaration and the position of the Declaration within existing international law. It considers the background to the text of every Article of the Declaration, including the travaux préparatoire, the relevant drafting history, and the context in which the provision came to be included in the Declaration. It sets out each provision's content, interpretation, its relationship with other principles of international law, and its legal status, and also discusses the significance and outlook for each of the rights analysed. The book assesses the practice of relevant regional and international bodies in enforcing the rights of indigenous peoples, providing an understanding of the practical application of the Declaration's principles.
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Front Matter
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Introduction
Jessie Hohmann andMarc Weller
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Part I The UNDRIP’s Relationship to Existing International Law
Joshua Castellino andCathal Doyle-
1.
Who Are ‘Indigenous Peoples’? An Examination of Concepts Concerning Group Membership in the UNDRIP
Joshua Castellino andCathal Doyle
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2.
The Making of the UNDRIP
S James Anaya andLuis Rodríguez-Piñero
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3.
Relationship to Human Rights, and Related International Instruments
Martin Scheinin andMattias Åhrén
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4.
The UNDRIP and Interactions with International Investment Law
Christina Binder
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1.
Who Are ‘Indigenous Peoples’? An Examination of Concepts Concerning Group Membership in the UNDRIP
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Part II Group Identity, Self-Determination, and Relations with States
Joshua Castellino andCathal Doyle-
5.
Self-Determination of Indigenous Peoples: Articles 3, 4, 5, 18, 23, and 46(1)
Marc Weller
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6.
The UNDRIP and the Rights of Indigenous Peoples to Existence, Cultural Integrity and Identity, and Non-Assimilation: Articles 7(2), 8, and 43
Jessie Hohmann
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7.
Equality and Non-Discrimination in the UNDRIP: Articles 2, 6, and 7(1)
Kirsty Gover
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8.
Indigenous Belonging: Membership and Identity in the UNDRIP: Articles 9, 33, 35, and 36
Shin Imai andKathryn Gunn
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9.
Free, Prior, and Informed Consent in the UNDRIP: Articles 10, 19, 29(2), and 32(2)
Mauro Barelli
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5.
Self-Determination of Indigenous Peoples: Articles 3, 4, 5, 18, 23, and 46(1)
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Part III Rights to Culture
Joshua Castellino andCathal Doyle -
Part IV Rights to Land and Territory, Natural Resources, and Environment
Joshua Castellino andCathal Doyle -
Part V Economic and Social Rights
Joshua Castellino andCathal Doyle -
Part VI International Assistance, Reparations, and Redress
Joshua Castellino andCathal Doyle -
End Matter
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