
Contents
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The Historical Context The Historical Context
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Foundational Texts Foundational Texts
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The Rights of Persons Belonging to Minorities The Rights of Persons Belonging to Minorities
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The Rights of Indigenous Peoples The Rights of Indigenous Peoples
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Conclusion Conclusion
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Notes Notes
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34 Minorities and Indigenous Peoples
Get accessMaivân Clech Lâm is Professor Emerita at the CUNY Graduate Center and former associate director of its Ralph Bunche Institute for International Studies. She has also taught at the CUNY School of Law, Washington College of Law at American University, and the University of Pennsylvania Law School. As international law advisor to the American Indian Law Alliance, she assisted in drafting the UN Declaration on the Rights of Indigenous Peoples. Her MA and M.Phil are from Yale University, JD from the University of Hawaii, and LLM from the University of Wisconsin-Madison. Her publications include At the Edge of the State: Indigenous Peoples and Self-Determination (2000).
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Published:08 August 2018
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Abstract
This chapter compares and contrasts the separate UN regimes of rights for minorities and for indigenous peoples: their historical antecedents; the conditions and actors behind the emergence of the present regimes; their foundational texts and enabling mechanisms; their common as well as divergent goals. The chapter highlights minorities’ pursuit of equality and non-discrimination. Indigenous peoples, on the other hand, use the normative tool of self-determination, which they hope will help them maintain or regain their traditional lands, territories, and resources that have sustained their physical and cultural survival but are endangered by globalization. The two sets of goals, while appreciably different, are not mutually exclusive; both assert the rights to be equal to and different or separate from dominant populations.
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