United Nations Declaration on the Rights of Indigenous Peoples

Adopted by the UN General Assembly on 13 September 2007, the United Nations Declaration on the Rights of Indigenous Peoples affirms the "minimum standards for the survival, dignity and well-being of the indigenous peoples of the world." The Declaration responds to past and ongoing injustices suffered by Indigenous peoples worldwide, and provides a strong foundation for the full recognition of the inherent rights of Indigenous peoples. Despite this, Canada was one of the few countries to oppose the Declaration. With essays from Indigenous leaders, legal scholars and practitioners, state representatives, and representatives from NGOs, contributors discuss the creation of the Declaration and how it can be used to advance human rights internationally.

This handbook is a comprehensive interdisciplinary overview of indigenous peoples¿ rights. Chapters by experts in the field examine legal, philosophical, sociological and political issues, addressing a wide range of themes at the centre of debates on the rights of indigenous peoples. The book addresses not only the major questions, such as ¿Who are indigenous peoples? What is distinctive about their rights? How are their rights constructed and protected? What is the relationship between national indigenous rights regimes and international norms?¿ but also themes such as culture, identity, genocide, globalization and development, and the environment. The book is divided into eight sections, which will each discuss and analyse a number of themes at the heart of the debates on the rights of indigenous peoples. Part 1: Indigeneity Part 2: Rights and Governance Part 3: Indigenous Women's Rights Part 4: Development and the Environment Part 5: Mobilization for Indigenous Peoples' Rights Part 6: Justice and Reparations Part 7: International Monitoring and Mechanisms for Indigenous Peoples' Rights Part 8: Regional Case Studies This book will be essential reading for academics working in the field, students on courses in human rights, international relations, political science, philosophy, sociology and law. It will also be of interest to practitioners and activists working in the indigenous rights field and in the human rights field more generally.

Today human rights represent a primary concern of the international legal system. The international community¿s commitment to the protection and promotion of human rights, however, does not always produce the results hoped for by the advocates of a more justice-oriented system of international law. Indeed international law is often criticised for, inter alia, its enduring imperial character, incapacity to minimize inequalities and failure to take human suffering seriously. Against this background, the central question that this book aims to answer is whether the adoption of the 2007 United Nations Declaration on the Rights of Indigenous Peoples points to the existence of an international law that promises to provide valid responses to the demands for justice of disempowered and vulnerable groups. At one level, the book assesses whether international law has responded fairly and adequately to the human rights claims of indigenous peoples. At another level, it explores the relationship between this response and some distinctive features of the indigenous peoples¿ struggle for justice, reflecting on the extent to which the latter have influenced and shaped the former. The book draws important conclusions as to the reasons behind international law¿s positive recognition of indigenous peoples¿ rights, shedding some light on the potential and limits of international law as an instrument of justice. The book will be of great interest to students and scholars of public international law, human rights and social movements.

This examination of the role played by the United Nations Declaration on the Rights of Indigenous Peoples (UNDRIP) in advancing indigenous peoples' self-determination comes at a time when the quintessential Eurocentric nature of international law has been significantly challenged by the increasing participation of indigenous peoples on the international legal scene. Even though the language of human rights discourse has historically contributed to delegitimise indigenous peoples' rights to their lands and cultures, this same language is now upheld by indigenous peoples in their ongoing struggles against the assimilation and eradication of their cultures. By demanding that the human rights and freedoms contained in various UN human rights instruments be now extended to indigenous peoples and communities, indigenous peoples are playing a key role in making international law more 'humanising' and less subject to State priorities.