United Nations Commission on Human Rights Sub-Commission on Prevention of Discrimination and Protection of Minorities: Draft United Nations Declaration on the Rights of Indigenous Peoples

1995 ◽  
Vol 34 (2) ◽  
pp. 541-555 ◽  
Author(s):  
Howard R. Berman
Keyword(s):  
Human Rights ◽  
United Nations ◽  
Indigenous Peoples ◽  
United Nations Declaration

Part VI International Assistance, Reparations, and Redress, Ch.19 Reparations, Restitution, and Redress: Articles 8(2), 11(2), 20(2), and 28

2018 ◽  
Author(s):  
Lenzerini Federico
Keyword(s):  
Human Rights ◽  
United Nations ◽  
Indigenous Peoples ◽  
Real World ◽  
International Assistance ◽  
Actual Application ◽  
Cultural Specificity ◽  
United Nations Declaration ◽  
Proper Account ◽  
Individual Human

This chapter examines rights to reparations, restitution, and redress in Articles 8(2), 11(2), 20(2), and 28. The need of taking into proper account the cultural specificity of indigenous peoples, in establishing the forms of reparation to be used with the purpose of redressing violations of their reorganized collective and/or individual human rights, seems to be adequately considered by the relevant provisions included in the United Nations Declaration on the Rights of Indigenous Peoples (UNDRIP). In fact, those provisions are inspired by a clear culturally driven rationale, providing a good basis for the setting up of reparatory measures which are adequate to actually restore the wrongs suffered by indigenous peoples in light of their specific expectations and needs. However, the said provisions are only written on paper, and their actual translation into concrete effective measures of reparation ultimately depends on the sensibility of the legal operators who are entrusted with their actual application and implementation in the real world.

scholarly journals Protecting expressions of Folklore within the Right to Culture in Africa

2017 ◽  
Vol 13 (4) ◽  
pp. 48
Author(s):  
Enyinna Sodienye Nwauche
Keyword(s):  
Human Rights ◽  
United Nations ◽  
Indigenous People ◽  
Indigenous Peoples ◽  
Customary Law ◽  
Cultural Rights ◽  
Substantive Content ◽  
Human Rights Regime ◽  
United Nations Declaration ◽  
The Right

This paper explores the protection of expressions of folklore within the right to culture in Africa by considering three issues, which are the increased understanding of the right to culture in national constitutions and the recognition that customary law is a manifestation of the right to culture; an expanded understanding of the substantive content of the article 15(1) of the International Covenant for Economic, Social and Cultural Rights as part of the right to culture; and the recognition of the rights of indigenous peoples marked significantly by the 2007 United Nations Declaration of the Rights of Indigenous People. The paper demonstrates how a human rights regime may assist in overcoming some of the deficiencies in the national protection of expressions of folklore in Africa.

scholarly journals Respecting and recognising Indigenous rights when challenged by commercial activities

2017 ◽  
Vol 10 (1) ◽  
pp. 1-17
Author(s):  
Valmaine Toki
Keyword(s):  
Human Rights ◽  
United Nations ◽  
Indigenous Peoples ◽  
Indigenous Rights ◽  
Extractive Industries ◽  
Reference Guide ◽  
Commercial Activities ◽  
Basic Rights ◽  
The United Nations ◽  
United Nations Declaration

The United Nations Declaration on the Rights of Indigenous Peoples was hailed as a triumph among Indigenous peoples, signalling a long-awaited recognition of their fundamental human rights. Despite this, many violations of these basic rights continue, particularly in relation to extractive industries and business activities. In response, a business reference guide seeks to inform industries of their responsibilities. This article examines the tenuous relationship between Indigenous rights, state responsibilities and business expectations.

Sea-ice Melting, Collective Inuit Peoples’ Rights and the Human Rights Discourse: A Critical Legal Analysis of the Nunavut Governance System

2021 ◽  
pp. 1-12
Author(s):  
Sandrine Le Teno ◽  
Christine Frison
Keyword(s):  
Climate Change ◽  
Human Rights ◽  
United Nations ◽  
Sea Ice ◽  
Indigenous Peoples ◽  
Rural Areas ◽  
The Arctic ◽  
Collective Rights ◽  
Legal Standards ◽  
United Nations Declaration

Climate change has increasing visible effects on the environment, particularly in the Arctic, where the sea-ice melted faster in 2020 than any time before. It directly threatens the Inuit people’s survival, whose livelihood is mainly based on traditional modes of subsistence (hunting, fishing and gathering). In light of the environmental crisis, this paper carries out a critical analysis of the Nunavut (Canada) legal framework, granting Inuit specific rights regarding their traditional way of life. While recognizing that this framework implements international human rights legal standards, we argue that the human right lens presents limitations in addressing climate change impacts on Inuit livelihood. By acknowledging the developments following the adoption of the United Nations Declarations on the Rights of Indigenous Peoples and on the Rights of Peasants and Other Peoples Living in Rural Areas, leading to the recognition of some collective rights to communities and people living of the land, we address the gaps of human rights –which are mainly individual –to reflect the importance of recognizing collective rights in the adaptation to the global climate change challenge. Indeed, the paper argues for the necessity to recognize the community level in the climate international governance scene. Human Rights –Inuit –United Nations Declaration on the Rights of Indigenous Peoples –Indigenous Rights –Climate Change –Collective rights –United Nations Declaration on the Rights of Peasants and Other People Working in Rural Areas –Nunavut Land Claim Agreement.

scholarly journals Whose Rules? A Water Justice Critique of the OECD’s 12 Principles on Water Governance

Water ◽  
2019 ◽  
Vol 11 (4) ◽  
pp. 809 ◽  
Author(s):  
Katherine Selena Taylor ◽  
Sheri Longboat ◽  
Rupert Quentin Grafton
Keyword(s):  
Human Rights ◽  
United Nations ◽  
Indigenous Peoples ◽  
Water Governance ◽  
Water Rights ◽  
Economic Cooperation ◽  
Governance Systems ◽  
Oecd Principles ◽  
Water Justice ◽  
United Nations Declaration

The article constructively critiques the Organization for Economic Cooperation and Development’s (OECD) 12 Principles on Water Governance (the OECD Principles). The human rights standard, the United Nations Declaration on the Rights of Indigenous Peoples (UNDRIP), provided the foundation for conceptualizing Indigenous water rights. The analysis used a modification of Zwarteveen and Boelens’ 2014 framework of the four echelons of water contestation. The analysis indicates that the OECD Principles assume state authority over water governance, make invisible Indigenous peoples’ own water governance systems and perpetuate the discourses of water colonialism. Drawing on Indigenous peoples’ water declarations, the Anishinaabe ‘Seven Grandfathers’ as water governance principles and Haudenosaunee examples, we demonstrate that the OECD Principles privilege certain understandings of water over others, reinforcing the dominant discourses of water as a resource and water governance based on extractive relationships with water. Reconciling the OECD Principles with UNDRIP’s human rights standard promotes Indigenous water justice. One option is to develop a reinterpretation of the OECD Principles. A second, potentially more substantive option is to review and reform the OECD Principles. A reform might consider adding a new dimension, ‘water justice,’ to the OECD Principles. Before reinterpretation or reform can occur, broader input is needed, and inclusion of Indigenous peoples into that process.

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