Inquiry Into the Application of the United Nations Declaration on the Rights of Indigenous Peoples in Australia PDF Download

Author: Joint Standing Committee on Aboriginal and Torres Strait Islander Affairs
Publisher:
ISBN: 9781760925338
Category :
Languages : en
Pages : 0

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Joint Standing Committee on Aboriginal and Torres Strait Islander Affairs

Author: Damien Short
Publisher: Routledge
ISBN: 1000258904
Category : Political Science
Languages : en
Pages : 344

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The development and adoption of the United Nations Declaration on the Rights of Indigenous Peoples (UNDRIP) was a huge success for the global indigenous movement. This book offers an insightful and nuanced contemporary evaluation of the progress and challenges that indigenous peoples have faced in securing the implementation of this new instrument, as well as its normative impact, at both the national and international levels. The chapters in this collection offer a multi-disciplinary analysis of the UNDRIP as it enters the second decade since its adoption by the UN General Assembly in 2007. Following centuries of resistance by Indigenous peoples to state, and state sponsored, dispossession, violence, cultural appropriation, murder, neglect and derision, the UNDRIP is an achievement with deep implications in international law, policy and politics. In many ways, it also represents just the beginning – the opening of new ways forward that include advocacy, activism, and the careful and hard-fought crafting of new relationships between Indigenous peoples and states and their dominant populations and interests. This book was originally published as a special issue of The International Journal of Human Rights.

Author: Jackie Hartley
Publisher: UBC Press
ISBN: 1895830567
Category : Political Science
Languages : en
Pages : 290

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Adopted by the UN General Assembly on 13 September 2007, the United Nations Declaration on the Rights of Indigenous Peoples affirms the “minimum standards for the survival, dignity and well-being of the indigenous peoples of the world.” The Declaration responds to past and ongoing injustices suffered by Indigenous peoples worldwide, and provides a strong foundation for the full recognition of the inherent rights of Indigenous peoples. Despite this, Canada was one of the few countries to oppose the Declaration. With essays from Indigenous leaders, legal scholars and practitioners, state representatives, and representatives from NGOs, contributors discuss the creation of the Declaration and how it can be used to advance human rights internationally.

Author: Andrew Erueti
Publisher: Oxford University Press
ISBN: 0190068329
Category : Law
Languages : en
Pages : 352

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This book offers a distinctive approach to the key international instrument on indigenous rights, the United Nations Declaration on the Rights of Indigenous Peoples (Declaration) based on a new account of the political history of the international indigenous movement as it intersected with the Declaration's negotiation. The current orthodoxy is to read the Declaration as containing human rights adapted to the indigenous situation. However, this reading does not do full justice to the complexity and diversity of indigenous peoples' participation in the Declaration negotiations. Instead, the book argues that the Declaration should be subject to a novel, mixed-model reading that views the Declaration as embodying two distinct normative strands that serve different types of indigenous peoples. Not only is this model supported by the Declaration's political history and legal argument, it provides a new and compelling theory of the bases of international indigenous rights while clarifying the vexed question of who qualifies as indigenous for the purposes of international law.

Author: Dominic O’Sullivan
Publisher: ANU Press
ISBN: 1760463957
Category : Political Science
Languages : en
Pages : 270

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Book Description
In 2007, 144 UN member states voted to adopt a Declaration on the Rights of Indigenous Peoples. Australia, Canada, New Zealand and the US were the only members to vote against it. Each eventually changed its position. This book explains why and examines what the Declaration could mean for sovereignty, citizenship and democracy in liberal societies such as these. It takes Canadian Chief Justice Lamer’s remark that ‘we are all here to stay’ to mean that indigenous peoples are ‘here to stay’ as indigenous. The book examines indigenous and state critiques of the Declaration but argues that, ultimately, it is an instrument of significant transformative potential showing how state sovereignty need not be a power that is exercised over and above indigenous peoples. Nor is it reasonably a power that displaces indigenous nations’ authority over their own affairs. The Declaration shows how and why, and this book argues that in doing so, it supports more inclusive ways of thinking about how citizenship and democracy may work better. The book draws on the Declaration to imagine what non-colonial political relationships could look like in liberal societies.

Author: Jessie Hohmann
Publisher: Oxford University Press
ISBN: 0191653993
Category : Law
Languages : en
Pages : 731

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The rights of indigenous peoples under international law have seen significant change in recent years, as various international bodies have attempted to address the question of how best to protect and enforce their rights. The United Nations Declaration on the Rights of Indigenous Peoples is the strongest statement thus far by the international community on this issue. The Declaration was adopted by the United Nations on 13 September 2007, and sets out the individual and collective rights of indigenous peoples, as well as their rights to culture, identity, language, employment, health, education, and other issues. While it is not a legally binding instrument under international law, it represents the development of international legal norms designed to eliminate human rights violations against indigenous peoples, and to help them in combating discrimination and marginalisation. This comprehensive commentary on the Declaration analyses in detail both the substantive content of the Declaration and the position of the Declaration within existing international law. It considers the background to the text of every Article of the Declaration, including the travaux préparatoire, the relevant drafting history, and the context in which the provision came to be included in the Declaration. It sets out each provision's content, interpretation, its relationship with other principles of international law, and its legal status. It also discusses the significance and outlook for each of the rights analysed. The book assesses the practice of relevant regional and international bodies in enforcing the rights of indigenous peoples, providing an understanding of the practical application of the Declaration's principles. It is an indispensible resource for scholars, students, international organisations, and NGOs working on the rights of indigenous peoples

Author: Elvira Pulitano
Publisher: Cambridge University Press
ISBN: 1107379938
Category : Political Science
Languages : en
Pages : 369

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Book Description
This examination of the role played by the United Nations Declaration on the Rights of Indigenous Peoples (UNDRIP) in advancing indigenous peoples' self-determination comes at a time when the quintessential Eurocentric nature of international law has been significantly challenged by the increasing participation of indigenous peoples on the international legal scene. Even though the language of human rights discourse has historically contributed to delegitimise indigenous peoples' rights to their lands and cultures, this same language is now upheld by indigenous peoples in their ongoing struggles against the assimilation and eradication of their cultures. By demanding that the human rights and freedoms contained in various UN human rights instruments be now extended to indigenous peoples and communities, indigenous peoples are playing a key role in making international law more 'humanising' and less subject to State priorities.

Author: Claire Charters
Publisher: International Work Group for Indigenous Affairs
ISBN:
Category : Law
Languages : en
Pages : 404

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Book Description
"The United Nations Declaration on the Rights of Indigenous Peoples is a culmination of a centuries-long struggle by indigenous peoples for justice. It is an important new addition to UN human rights instruments in that it promotes equality for the world's indigenous peoples and recognizes their collective rights."--Back cover.

Author:
Publisher:
ISBN:
Category : Aboriginal Australians
Languages : en
Pages : 0

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Author: Graeme Lyle La Macchia
Publisher:
ISBN:
Category : Aboriginal Australians
Languages : en
Pages : 312

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Incorporating a significant component of Yarning-based oral history, Big Gubba Business investigates the making of the United Nations Declaration on the Rights of Indigenous Peoples (UNDRIP) from an Aboriginal Australian standpoint. This study examines the dynamics of the global Indigenous resurgence and interrogates the evolution of the Indigenous/UN relationship. First Nations engagement with the UN system and participation at the 1993 UN World Conference on Human Rights are explored in detail. Big Gubba Business also unravels the ongoing self-determination debate and the rise of the CANZUS bloc of resistant States. Having established the political context and surveyed the cultural landscape, this study identifies and analyses the actions and achievements of Indigenous Australian representatives in the drafting, elaboration and eventual adoption of the UN Declaration on the Rights of Indigenous Peoples. Big Gubba Business finds that the principal value of the Declaration derives from its role as a rallying point and common cause for First Nations activists and theorists. The legacy of the Declaration project includes the building and embedding of a worldwide network of Indigenous organizations and an enhanced First Peoples political and intellectual presence on the world stage. It is hoped that Big Gubba Business will serve to direct academic attention to this neglected domain of political activity and inform a wider public of the nature and importance of the Indigenous/UN relationship.