The United Nations Declaration on the Rights of Indigenous Peoples : A Contemporary Evaluation

著者名：Short, Damien (EDT)/Lennox, Corinne (EDT)/Burger, Julian (EDT)/Hohmann, Jessie (EDT)

Routledge（2020/12/17発売）

• 言語：ENG
• ISBN：9780367476700
• eISBN：9781000258905

Description

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.

Table of Contents

1. Introduction

Jessie Hohmann

2. The UNDRIP: an increasingly robust legal parameter

Felipe Gómez Isa

3. After the Declaration: next steps for the protection of indigenous peoples’ rights

Julian Burger

4. The UNDRIP and the legal significance of the right of indigenous peoples to self-determination: a human rights approach with a multidimensional perspective

Dorothée Cambou

5. Implementation of the UNDRIP around the world: achievements and future perspectives. The outcome of the work of the ILA Committee on the Implementation of the Rights of Indigenous Peoples

Federico Lenzerini

6. The World Bank’s new Environmental and Social Framework: some progress but many gaps regarding the rights of indigenous peoples

Corinne Lewis and Carl Söderbergh

7. Implementing free prior and informed consent: the United Nations Declaration on the Rights of Indigenous Peoples (2007), the challenges of REDD+ and the case for the precautionary principle

Malayna Raftopoulos and Damien Short

8. Towards new development paradigms: the United Nations Declaration on the Rights of Indigenous Peoples as a tool to support self-determined development

Jérémie Gilbert and Corinne Lennox

9. Creating a space for indigenous rights: the Universal Periodic Review as a mechanism for promoting the rights of indigenous peoples

Noelle Higgins

10. Looking back to move forward: the status of environmental rights under the UN Declaration on the Rights of Indigenous Peoples

Adriana Giunta

11. Treaty making and the UN Declaration on the Rights of Indigenous Peoples: lessons from emerging negotiations in Australia

Harry Hobbs

12. The self divided: the problems of contradictory claims to Indigenous peoples’ self-determination in Australia

Stephen M. Young

13. Indigenous rights and the legal politics of Canadian coloniality: what is happening to free, prior and informed consent in Canada?

Jeremy Patzer

14. A critical evaluation of the domestic standards of the right to prior consultation under the UNDRIP: lessons from the Peruvian case

Amelia Alva-Arévalo

15. Implementing the rights of indigenous peoples in Japan: implications and challenges of forest certification for the Ainu

Fumiya Nagai

16. The approach to UNDRIP within the African Regional Human Rights System

Lucy Claridge

17. Indigenous peoples’ rights in Morocco: subaltern narratives by Amazigh women

Silvia Gagliardi

18. Reflections on indigenous peoples’ rights vis-à-vis the law of occupation

Shlomit Stein