ILA Interim Report on a Commentary on the Declaration of the Rights of Indigenous Peoples

53 Pages Posted: 14 Nov 2012

See all articles by Catherine J. Iorns Magallanes

Catherine J. Iorns Magallanes

Victoria University of Wellington, Te Herenga Waka - Faculty of Law

Date Written: 2012

Abstract

The author was a member of the International Law Association’s Committee on the Rights of Indigenous Peoples. Chair: Prof Siegfried Wiessner; Rapporteur: Dr Federico Lenzerini. The Committee was tasked with drafting a legal commentary on the status and content of the rights contained in the Declaration of the Rights of Indigenous Peoples. In 2010 it released its Interim Report. The author contributed 2 sections to this report (on Definition and on New Zealand in the chapter on Treaty Rights), and assisted, with other members in formulating and reviewing the whole report.

The Report contains chapters on:

1. Introduction, Methodology, Background and Legal Status of the Declaration

2. Understanding the Term “Indigenous Peoples”

3. Self-determination

4. Autonomy or Self-Government

5. Cultural Rights and Identity

6. Land Rights

7. Education and Media

8. Social and Economic Improvement Rights

9. Treaty Rights

10. Development and International Cooperation

11. Reparations, Redress and Remedies

12. Rights of Indigenous Peoples under Customary International Law

The Committee’s final report was released in August 2012. It, however, only addressed developments since the 2010 report which might modify its findings, and filled gaps in the 2010 report in relation to language rights and cultural heritage. Thus, the sections of the Interim Report relating to issues which are not discussed in the final Report are considered as final.

Keywords: UN Declaration on the Rights of Indigenous Peoples

JEL Classification: K10, K30

Suggested Citation

Iorns, Catherine, ILA Interim Report on a Commentary on the Declaration of the Rights of Indigenous Peoples (2012). Victoria University of Wellington Legal Research Paper No. 50/2012, Available at SSRN: https://ssrn.com/abstract=2175897 or http://dx.doi.org/10.2139/ssrn.2175897

Catherine Iorns (Contact Author)

Victoria University of Wellington, Te Herenga Waka - Faculty of Law ( email )

PO Box 600
Wellington, 6140
New Zealand

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