The UN declaration on the rights of indigenous peoples : a commentary / Edited by: Jessie Hohmann, Marc Weller.

Oxford : Oxford University Press, 2018.

1st edition

88536

Indigenous peoples (International law)

Indigenous peoples -- Legal status, laws, etc.

PART I: The UNDRIP's relationship to existing international law

1. Who Are 'Indigenous Peoples'? An Examination of Concepts Concerning Group Membership in the UNDRIP

2. The Making of the UNDRIP

3. Relationship to Human Rights, and Related International Instruments

4. The UNDRIP and Interactions with International Investment Law

PART II: Group identity, self-determination and relations with states

5. Self-Determination of Indigenous Peoples: Articles 3, 4, 5, 18, 23, and 46(1)

6. The UNDRIP and the Rights of Indigenous Peoples to Existence, Cultural Integrity and Identity, and Non-Assimilation: Articles 7(2), 8, and 43

7. Equality and Non-Discrimination in the UNDRIP: Articles 2, 6, and 7(1)

8. Indigenous Belonging: Membership and Identity in the UNDRIP: Articles 9, 33, 35, and 36

9. Free, Prior, and Informed Consent in the UNDRIP: Articles 10, 19, 29(2), and 32(2)

PART III: Rights to culture

10. Culture: Articles 11(1), 12, 13(1), 15, and 34

11. Intellectual Property and Technologies: Article 31

12. Media: Article 16

13. Indigenous Education and the UNDRIP: Article 14

PART IV: Rights to land and territory, natural resources and environment -- 14. Indigenous Peoples' Rights to Lands, Territories, and Resources in the UNDRIP: Articles 10, 25, 26, and 27

15. Control over Natural Resources and Protection of the Environment of Indigenous Territories: Articles 29, 30, and 32

PART V: Economic and social rights

16. Labour Rights: Article 17

17. Indigenous Rights to Development, Socio-Economic Rights, and Rights for Groups with Vulnerabilities: Articles 20-22, 24, and 44

PART VI: International assistance, reparations and redress

18. Legal Implementation and International Cooperation and Assistance: Articles 3 7-42

19. Reparations, Restitution, and Redress: Articles 8(2), 11 (2), 20(2), and 28.

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 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 comprehensive commentary on the Declaration analyses in detail 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 preparatoire, 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. It also discusses the significance and outlook for each of the rights analysedition: 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. It is an indispensable resource for scholars, students, international organisations, and NGOs working on the rights of indigenous peoples - Publisher's website.

9780199673223

xlii, 611 pages ; 26 cm