Semantic Scholar Open Access 2013 326 sitasi

The Declaration on the Rights of Indigenous Peoples

Sarah Nykolaishen

Abstrak

!e status of indigenous peoples in international law is a topic of growing interest.1 One area of debate concerns whether there is an international custom that protects the rights of indigenous peoples to their ancestral territories.2 !is paper seeks to add to this literature by examining the effect of the Declaration on the Rights of Indigenous Peoples3 (the “Declaration”), adopted in 2007 by the United Nations General Assembly (UNGA), on customary international law. As a whole, the Declaration reflects the view that indigenous rights should be protected under a specific regime, or that indigenous rights cannot be subsumed under general human rights law.4 !e Declaration reflects a number of significant principles, including the right to self-determination, the importance of consultation and cooperation between states and indigenous peoples, and recognition of the unique relationship between indigenous peoples and their lands and territories.5 Specifically, this paper asks, does the Declaration provide evidence of an existing

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S

Sarah Nykolaishen

Format Sitasi

Nykolaishen, S. (2013). The Declaration on the Rights of Indigenous Peoples. https://doi.org/10.2307/j.ctv186grnt.6

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Informasi Jurnal
Tahun Terbit
2013
Bahasa
en
Total Sitasi
326×
Sumber Database
Semantic Scholar
DOI
10.2307/j.ctv186grnt.6
Akses
Open Access ✓