Articulating self-determination in the draft declaration on the rights of indigenous peoples

Datos Bibliográficos

ID12199024
AutoresCharles Foster (0000-0002-7678-4441, University of Cambridge, autor de correspondencia)
Año2001
Volumen12
Número1
Páginas141-157
Fecha de publicación2001-02-01
Peer ReviewedSí
Open AccessNo
TipoARTICLE
RevistaEuropean Journal of International Law (JOURNAL)
Identificadores de la revistaISSN: 0938-5428 • E-ISSN: 1464-3596
EditorialOxford University Press (OUP) (PUBLISHER)
DOI10.1093/ejil/12.1.141
OpenAlexW2002867352
IdiomaEN
Citas recibidas6

This paper reports on the current negotiations on the draft Declaration on the Rights of Indigenous Peoples, taking place under the auspices of the UN Commission on Human Rights. The draft Declaration's provision for an indigenous people's right of self-determination provides an opportunity for the world community to articulate more clearly what is meant by the right to self-determination outside traditional contexts. Part 2 of the paper describes the international legal context in which representatives of indigenous peoples make claims to self-determination, focusing on indications that a requirement of self-determination is representative government. Part 3 of the paper develops the view that self-determination should accordingly be considered as a conceptual composite incorporating provision for political participation, autonomy, choice of community, and negotiated self-determination. From this model of self-determination will flow political structures and measures which specifically take into account the particular identity and situations of indigenous peoples. Should negotiations progress, and the United Nations General Assembly eventually adopt a Declaration on the Rights of Indigenous People, the author considers that it would be likely to include a provision on self-determination in such terms. In this way, a provision on indigenous people's self-determination could make a valuable contribution to international law

Autonomy · Context (archaeology · Declaration · Fundamental rights · Government (linguistics · Human rights · Indigenous · Indigenous rights · International community · Negotiation · Political science · Politics · Self-determination · Sociology · Indigenous Health, Education, and Rights · Indigenous Peoples' Rights and Law · Mining and Resource Management · Law · Public Administration