Barriers to the Recognition of Indigenous Peoples’ Human Rights at the United Nations
26 Monash University Law Review 159-194, 2000
36 Pages Posted: 27 Mar 2013
Date Written: June 1999
Within the United Nations system, work to secure the recognition and effective protection and promotion of the human rights of indigenous peoples continues. This article assesses the progress of the United Nations Draft declaration on the rights of indigenous peoples, and explores the initial stages of the negotiation of a permanent forum for indigenous peoples within the United Nations framework. Ifthe human rights of indigenous peoples are to improve, a comprehensive legal framework for indigenous peoples' rights should be adopted and a permanent forum, dedicated to indigenous issues, established. Neither outcome has occurred because States cannot reach agreement on certain fundamentalprinciples: the right of all peoples to self-determination, the validity of collective rights and the scope and definition of 'indigenous peoples'. States must be more courageous and forward-looking when recognising for indigenous peoples what all nonindigenous peoples take for granted.
Keywords: Human Rights, Indigenous Peoples, Draft declaration on the rights of indigenous peoples
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