Conversations About Indigenous Rights: The UN Declaration of the Rights of Indigenous People and Aotearoa New Zealand by Selwyn Katene & Rawiri Taonui

Author:Selwyn Katene & Rawiri Taonui [Katene, Selwyn & Taonui, Rawiri]
Language: eng
Format: epub
Tags: Political Science, Political Freedom, Human Rights
ISBN: 9780995102910
Google: QhyQtQEACAAJ
Goodreads: 53053181
Publisher: Massey University Press
Published: 2017-12-09T07:46:28+00:00

1. United Nations Declaration on the Rights of Indigenous Peoples GA Res 61/295, UN GAOR, 61st sess, 107th plen mtg, Supp No 49, UN Doc A/RES/61/295 (September 13, 2007).

2. Former UN Special Rapporteur James Anaya argues that these five categories of norms elaborate the right of self-determination: see James Anaya, Indigenous Peoples in International Law (Oxford: Oxford University Press, 2004), 290.

3. See, e.g.: International Law Association, Rights of Indigenous Peoples, 75th conference, Sofia, Bulgaria, Res 5/2012, para 2 (August 2012); S. James Anaya and Siegfried Wiessner, ‘OP-ED: The UN Declaration on the Rights of Indigenous Peoples: Towards Re-empowerment,’ (2007) Jurist, http://www.jurist.org/forum/2007/10/un-declaration-on-rights-of-indigenous.php; Committee on Economic, Social and Cultural Rights, General Comment No. 21, Right of Everyone to Take Part in Cultural Life (art 15, para 1 (a), of the International Covenant on Economic, Social and Cultural Rights), UN Doc E/C.12/GC/21 (December 21, 2009), para 7.

4. See, e.g.: Luis Rodriguez-Pinero, ‘“Where Appropriate”: Monitoring/Implementing of Indigenous Peoples’ Rights under the Declaration’, in Making the Declaration Work: The United Nations Declaration on the Rights of Indigenous Peoples, ed. Claire Charters and Rodolfo Stavenhagen (Copenhagen: International Work Group for Indigenous Affairs, 2009), 314–17; Dinah Shelton, ‘Commentary and Conclusions’, in Commitment and Compliance: The Role of Non-Binding Norms in the International Legal System, ed. Dinah Shelton (Oxford: Oxford University Press, 2003), 449–64 at 449, 458.

5. Convention on the Rights of the Child, opened for signature on November 20, 1989, 1577 UNTS 3 (entered into force September 2, 1990).

6. Convention on the Rights of Persons with Disabilities, opened for signature on March 30, 2007, 2515 UNTS 3 (entered into force May 3, 2008).

7. Rodriguez-Pinero, ‘“Where Appropriate”’, 320–22. The book is available for free download from the International Work Group for Indigenous Affairs’ website.

8. International Covenant on Civil and Political Rights, opened for signature December 16, 1966, 999 UNTS 171 (entered into force March 23, 1976).

9. International Covenant on Economic, Social and Cultural Rights, opened for signature December 16, 1966, 993 UNTS 3 (entered into force January 3, 1976).

10. The ICESCR’s affirmation of education rights in article 13 aligns with articles 4–16, 17(2) and 21 of the Declaration. Its affirmation of rights to housing in article 11(1) aligns with the Declaration’s articles 10, 21, 23 and 25–28. Its affirmation of rights to health in article 12 also aligns with the Declaration’s articles 17(2), 21, 23, 24 and 29.

11. International Convention on the Elimination of All Forms of Racial Discrimination, opened for signature December 21, 1965, 660 UNTS 195 (entered into force January 4, 1969).

12. Convention on the Elimination of All Forms of Discrimination against Women, opened for signature December 18, 1979, 1249 UNTS 13 (entered into force September 3, 1981).

13. Convention Against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment, opened for signature December 10, 1984, 1465 UNTS 85 (entered into force June 26, 1987).

14. Convention on Biological Diversity, opened for signature June 5, 1992, 1760 UNTS 79 (entered into force December 19, 1993).

15. International Labour Organization, Convention concerning Indigenous and Tribal Peoples in Independent Countries, opened for signature June 27, 1989, ILO Convention No.

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