OUVRAGE : J. Hohmann, M. Weller (eds.), The UN Declaration on the Rights of Indigenous Peoples: A Commentary

Jessie HOHMANN, Marc WELLER

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.


TABLE OF CONTENTS

Jessie Hohmann, Marc Weller, Introduction

PART I
THE UNDRIPâs RELATIONSHIP TO EXISTING INTERNATIONAL LAW

1. Joshua Castellino, Cathal Doyle, Who are Indigenous Peoples? An Examination of Concepts Concerning Group Membership in the United Nations Declaration on the Rights of Indigenous Peoples
2. S. James Anaya, Luis Rodríguez-Piñero, The Making of the United Nations Declaration on the Rights of Indigenous Peoples
3. Martin Scheinin, Mattias Ahrén, Relationship to Human Rights, and Related International Instruments, 
4. Christina Binder,UNDRIP and Interactions with International Investment Law

PART II
GROUP IDENTITY, SELF-DETERMINATION AND RELATIONS WITH STATES

5. Marc Weller, Self-determination of Indigenous Peoples Articles 3, 4, 5, 18, 23 and 46 (1)
6. Jessie Hohmann, The UNDRIP and the Rights of Indigenous Peoples to Existence, Cultural Integrity and Identity, and Non-Assimilation â Articles 7(2), 8 and 43
7. Kirsty Gover, Equality and Non-discrimination in the UNDRIP Articles 2, 6, and 7(1)
8. Shin Imai, Kathryn Gun, Indigenous Belonging: Membership and Identity in the UNDRIP: Articles 9, 33, 35, and 36
9. Mauro Barelli, Free, Prior and Informed Consent in the United Nations Declaration on the Rights of Indigenous Peoples Articles 10, 19, 29(2) and 32(2)

PART III
RIGHTS TO CULTURE

10. Alexandra Xanthaki, Culture Articles 11(1), 12, 13(1), and 34
11. Tobias Stoll, Intellectual Property and Technologies Article 31
12. Daniel Joyce, Media Article 16
13. Lorie Graham, Amy B. Van Zyl-Chavarro, Indigenous Education and the UN Declaration on the Rights of Indigenous Peoples Article 14

PART IV
RIGHTS TO LAND AND TERRITORY, NATURAL RESOURCES AND ENVIRONMENT

14. Claire Charters, Indigenous Peoplesâ Rights to Lands, Territories and Resources in the United Nations Declaration on the Rights of Indigenous Peoples Articles 25, 26, 27 and 10
15. Stefania Errico, Control over Natural Resources and Protection of the Environment of Indigenous Territories â Articles 29, 30 and 32

PART V
ECONOMIC AND SOCIAL RIGHTS

16. Lee Swepston, Article 17 of the United Nations Declaration on the Rights of Indigenous Peoples Article 17
17. Camilo Pérez-Bustillo, Jessie Hohmann, Indigenous Rights to Development, Socio-Economic Rights, and Rights for Groups with Vulnerabilities Articles 20 22, 24 and 44

PART VI
INTERNATIONAL ASSISTANCE, REPARATIONS AND REDRESS

18. Willem van Genugten, Federico Lenzerini, Articles 37-42 UNDRIP: Legal Implementation and International Cooperation and Assistance
19. Federico Lenzerini, Reparations, Restitution and Redress Articles 8(2), 11(2), 20(2) and 28

Jessie HOHMANN, Marc WELLER (eds.), The UN Declaration on the Rights of Indigenous Peoples: A Commentary, Oxford, Oxford University Press, 2018 (655 pp.)