The UN Declaration on the Rights of Indigenous Peoples: A Commentary

Author: Marc Weller; Jessie Hohmann
Publisher: Oxford University Press
ISBN: 9780199673223
Published In: March 2018
Format: Hardback , 460 pages
Jurisdiction: International ? Disclaimer:
Countri(es) stated herein are used as reference only

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The first commentary on the United Nations Declaration on the Rights of Indigenous Peoples, adopted by the UN General Assembly in 2007
Provides a comprehensive thematic analysis of the Declaration's provisions, including the background to their inclusion, and their practical enforcement
Features contributions from an international team of unrivalled experts in indigenous rights

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

Readership: Scholars and students of international human rights law and the rights of indigenous peoples; practitioners, NGO and government legal advisers and policy-makers working on indigenous issues

I Introduction
Marc Weller & Jessie Hohmann: Introduction
1: James Crawford: Concepts: Person, Group, Indigenous Peoples, People, Peoples
2: James Anaya: Development of Standards on Indigenous Rights
3: Robert McCorquodale: Relationship to Human Rights, and Related International Instruments
II Group Identity, Self Determination and Relations with the State
4: Marc Weller: Self Determination, Self Governance, Autonomy
5: Patrick Thornberry: Identity, Existence, Non-Assimilation
6: Erica Irene Daes: Non-Discrimination and Full Equality
7: Benedict Kingsbury: The individual and the Group, Selection of Membership, Duties to the Community
III Cultural Rights
8: Alexandra Xanthaki: Culture
9: Lionel Bently: Intellectual Property and Technologies
10: Daniel Joyce: Media
11: Lorie Graham: Education
IV Land Rights and Use
12: Claire Charters: Land Rights and Land Use
13: Stephania Errico: Natural Resources and Environment
V Economic Rights and Social Provision
14: Labour Rights
15: Jessie Hohmann: Social Provision, Housing, Health and Special Vulnerabilities
VI International Assistance, Reparations and Redress
16: Willem van Genugten: Legal Implementation and Assistance
17: Federico Lenzerini: Reparations, Restitution, and Redress

Marc Weller is Professor of International Law and International Constitutional Studies at the University of Cambridge and Director of the Lauterpacht Centre for International Law. From 2000 to 2009, he was Director of the European Centre for Minority Issues. He has authored, edited, or co-edited twenty books, including Iraq and the Use of Force in International Law (OUP, 2010) and Political Participation of Minorities (OUP, 2010).

Dr Jessie Hohmann took up a lectureship with Queen Mary in September 2012, after completing a British Academy Post-Doctoral Research Fellowship at the Lauterpacht Centre for International Law, University of Cambridge. Dr Hohmann has broad research interests in the fields of human rights, international law, indigenous rights, theories of human rights and international law (particularly critical theories), and the role of human rights in social struggles.

Contributors:
James Anaya, UN Special Rapporteur on the Rights of Indigenous Peoples
Professor Lionel Bently, University of Cambridge
Claire Charters, Victoria University of Wellington
Professor James Crawford, University of Cambridge
Erica Irene Daes, UN Working Group on Indigenous Populations
Stefania Errico, University of Naples, Federico II
Professor Lorie Graham, Suffolk University
Dr Daniel Joyce, University of New South Wales
Professor Benedict Kingsbury, New York University
Professor Federico Lenzerini, University of Siena
Professor Robert McCorquodale, University of Nottingham
Professor Patrick Thornberry, Keele University
Professor Willem van Genugten, Tilburg Law School
Dr Alexandra Xanthaki, Brunel University