Operationalizing The Right Of Indigenous Peoples To Self Determination

Indigenous peoples, Ted Moses

The debate on indigenous rights has revealed some serious difficulties for current international law, posed mainly by different understandings of important concepts. This book explores the extent to which indigenous claims, as recorded in the United Nations forums, can be accommodated by international law. By doing so, it also highlights how the indigenous debate has stretched the contours and ultimately evolved international human rights standards. The book first reflects on the international law responses to the theoretical arguments on cultural membership. After a comprehensive analysis of the existing instruments on indigenous rights, the discussion turns to self-determination. Different views are assessed and a fresh perspective on the right to self-determination is outlined. Ultimately, the author refuses to shy away from difficult questions and challenging issues and offers a comprehensive discussion of indigenous rights and their contribution to international law.

"The United Nations Declaration on the Rights of Indigenous Peoples is a culmination of a centuries-long struggle by indigenous peoples for justice. It is an important new addition to UN human rights instruments in that it promotes equality for the world's indigenous peoples and recognizes their collective rights."--Back cover.

Six essays in which specialists in international law examine indigenous peoples' right to self-determination from different perspectives, most of which were first presented at the International Conference on Aboriginal Rights and World Public Order organized by Carleton University and held in Ottawa in 1983. Where possible, updating information has been provided in editor's notes.

Focusing on issues raised by the U.N. Working Group on Indigenous Peoples, this study reveals the obstacles to self-determination for these peoples in all parts of the world. The author argues, using both legal and social theory, that the right of self-determination can be available to indigenous peoples, and proposes measures that the UN might institute to oversee the realization of this right. Published under the Transnational Publishers imprint.

This volume presents new thinking on minority and indigenous rights in international law. Debates that receive attention in this volume include self-determination, definitional issues, collective rights and rights to natural resources. Other chapters unravel challenges that have not attracted sufficient attention to date, such as multiculturalism, integration, colour as a ground for discrimination and the economic and social rights of minorities. The volume also looks critically at the work of the World Bank, the African Union, the Council of Europe and the OSCE in this arena. Finally, case studies highlight the regrettable similarities in the suffering of groups in different parts of the world as well as the stark contrast between state claims and their actual practice.

"The inclusion of self-determination in the two international human rights covenants and in the Declaration on the Granting of Independence to Colonial Peoples evidence self-determination's place in the language of international human rights at the United Nations. Though these documents declare that 'all peoples have the right of self-determination, ' a closer look at the history of self-determination at the UN and its relationship to decolonization illustrates how member states of the United Nations have carefully excluded indigenous peoples from being counted within the seemingly all-embracing language of 'all peoples.' The study is divided into two parts. Part I, Chapter 1 examines United Nations dialogue surrounding self-determination and decolonization and reveals the definitions accepted by that international body. Chapter 2 presents academic understandings of both the subject and content of self-determination and concludes by offering alternatives that make the right of self-determination accessible to all peoples. Chapter 3 highlights the distinguishing historical context of indigenous claims to self-determination and re-conceptualizes the frequently misunderstood terms 'nation' and 'state' as required by the status of indigenous peoples as sovereign nations. Part II applies ideas developed in Part I to the Canadian context. Chapter 4 reveals how the tenants underlying Crown policy perpetuate the colonial relationship implemented by the first settlers and how the Canadian legal system helps to legitimize the Crown's assumption of sovereignty and the continuing denial of indigenous nationhood. Chapter 5 describes how federalism can offer a unique opportunity to reconfigure the Canadian state and decolonize the relationship between the Crown and indigenous peoples"--Leaf ii.

Review: "During the past decade there has emerged growing criticism largely from anti-essentialist social scientists and multicultural politicians advocating a critique of ethnic and indigenous movements, accompanied by a general backlash in governmental policies and public opinion towards ideigneous communities. This book focuses on the implication of change for indigenous peoples, their political, legal and cultural strategies."--BOOK JACKET