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Vol 21 No 10 Oct/Nov 2016

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

Edited by: Marc Weller, Hohmann Jessie

ISBN13: 9780199673223
To be Published: July 2017
Publisher: Oxford University Press
Country of Publication: UK
Format: Hardback
Price: £95.00



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 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.

Subjects:
Human Rights and Civil Liberties
Contents:
I INTRODUCTION
Introduction
1. Concepts: Person, Group, Indigenous Peoples, People, Peoples
2. Development of Standards on Indigenous Rights
3. Relationship to Human Rights, and Related International Instruments

II GROUP IDENTITY, SELF DETERMINATION AND RELATIONS WITH THE STATE
4. Self Determination, Self Governance, Autonomy
5. Identity, Existence, Non-Assimilation
6. Non-Discrimination and Full Equality
7. The individual and the Group, Selection of Membership, Duties to the Community

III CULTURAL RIGHTS
8. Culture
9. Intellectual Property and Technologies
10. Media
11. Education

IV LAND RIGHTS AND USE
12. Land Rights and Land Use
13. Natural Resources and Environment

V ECONOMIC RIGHTS AND SOCIAL PROVISION
14. Labour Rights
15. Social Provision, Housing, Health and Special Vulnerabilities

VI INTERNATIONAL ASSISTANCE, REPARATIONS AND REDRESS
16. Legal Implementation and Assistance
17. Reparations, Restitution, and Redress