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The Human Rights of Indigenous Peoples, in Light of the New Declaration, and the Challenge of Making Them Operative: Report of the Special Rapporteur on the Situation of Human Rights and Fundamental Freedoms of Indigenous People

33 Pages Posted: 22 Aug 2008  

S. James Anaya

University of Colorado Law School

Date Written: August 5, 2008

Abstract

The present report is submitted in accordance with Human Rights Council resolution 6/12, and is the first report of Professor S. James Anaya in his capacity as Special Rapporteur on the situation of human rights and fundamental freedoms of indigenous people. The resolution requires the Special Rapporteur, inter alia, to promote the United Nations Declaration on the Rights of Indigenous Peoples and other international instruments relevant to the advancement of the rights of indigenous peoples. On this basis, the Special Rapporteur provides an analysis of the Declaration, in the context of other international instruments specifically regarding indigenous peoples and human rights instruments of general applicability. Reflecting the common international body of opinion regarding the rights of indigenous peoples, the Declaration elaborates on general human standards as they apply to the specific context of indigenous peoples, with a particular emphasis on the remedial measures required to address the historical and contemporary denial of their rights. The last section of the report analyses the different measures required to implement and make operative the rights affirmed in the Declaration, a process which involves a joint effort by States, the United Nations system, indigenous peoples and relevant civil society actors.

Keywords: Indigenous People, Human Rights, United Nations Declaration on the Rights of Indigenous Peoples

JEL Classification: K33

Suggested Citation

Anaya, S. James, The Human Rights of Indigenous Peoples, in Light of the New Declaration, and the Challenge of Making Them Operative: Report of the Special Rapporteur on the Situation of Human Rights and Fundamental Freedoms of Indigenous People (August 5, 2008). Available at SSRN: https://ssrn.com/abstract=1242451 or http://dx.doi.org/10.2139/ssrn.1242451

S. James Anaya (Contact Author)

University of Colorado Law School ( email )

401 UCB
Boulder, CO 80309
United States

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