The UN Declaration on the Rights of Indigenous Peoples: A Commentary (Oxford Commentaries on International Law)

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. 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 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. It 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.-- Introduction / Jessie Hohmann And Marc Weller -- Part I. The Undrip's Relationshio To Existing International Law. 1. Who Are 'indegenous Peoples'? An Examination Of Concepts Concerning Group Membership In The Undrip / Joshua Castellino And Cathal Doyle -- 2. The Making Of The Undrip / S. James Anaya And Luis Rodríguez-piñero -- 3. Relationship To Human Rights, And Related International Instruments / Martin Scheinin And Mattias Åhrén -- 4. The Undrip And Interactions With International Investment Law / Christina Binder -- Part Ii. Group Identity, Self-determination, And Relations With States. 2. Self-determination Of Indigenous Peoples: Articles 3, 4, 5, 18, 23, And 46(1) / Marc Weller -- 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 -- 7. Equality And Non-discrimination In The Undrip: Articles 2, 6, And 7(1) / Kirsty Gover -- 8. Indigenous Belonging: Membership And Identity In The Undrip: Articles 9, 33, 35, And 36 / Shin Imai And Kathryn Gunn -- 9. Free, Prior, And Informed Consent In The Undrip: Articles 10, 19, 29(2), And 32(2) / Mauro Barelli -- Part Iii. Rights To Culture. 10. Culture: Articles 11(1), 12, 13(1), 15, And 34 / Alexandra Xanthaki -- 11. Intellectual Property And Technologies: Article 31 / Tobias Stoll -- 12. Media: Article 16 / Daniel Joyce -- 13. Indigenous Education And The Undrip: Article 14 / Lorie M. Graham And Amy B. Van Zyl-chavaro -- 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 / Claire Charters -- 15. Control Over Natural Resources And Protection Of The Environment Of Indigenous Territories: Articles 29, 30, And 32 / Stefania Errico -- Part V. Economic And Social Rights. 16. Labour Rights: Article 17 / Lee Swepston -- 17. Indigenous Rights To Development, Socio-economic Rights, And Rights For Groups With Vulnerabilities: Articles 20-22, 24, And 44 / Camilo Pérez-bustillo And Jessie Hohmann -- Part Vi. International Assistance, Reparations, And Redress. 18. Legal Implementation And International Cooperation And Assistance: Articles 37-42 / Willem Van Genugten And Federico Lenzerini -- 19. Reparations, Restitution, And Redress: Articles 8(2), 11(2), 20(2), And 28 / Federico Lenzerini. Edited By Jessie Hohmann, Marc Weller. Includes Bibliographical References And Index "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 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. It 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"--Résumé de l'éditeur The Declaration on the Rights of Indigenous Peoples set key standards for the treatment of indigenous people, and has significantly developed how indigenous rights are viewed and enforced. This commentary thematically assesses all aspects of the Declaration's provisions, providing an overview of its impact.