The UN Declaration on the Rights of Indigenous Peoples: A Commentary
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| Anteprima |
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. It is an indispensible resource for scholars, students,
international organisations, and NGOs working on the rights of
indigenous peoples
