The Self-Determination of Indigenous Peoples

Autor: Di Blase , Antonietta
Rok vydání: 2020
DOI: 10.13134/978-88-32136-92-0/2
Popis: The chapter discusses both theoretical and practical developments of the principle of self-determination. As is known, the 2007 Declaration on the Rights of Indigenous peoples has explicitly recognised the right of indigenous peoples to self-determination. Such right has been of great significance in three main fields of legal practice: 1) the active participation of indigenous peoples in the definition of ‘indigenousness’; 2) their self-government, that is, their capacity for managing the possession and use of the land; and 3) self-identification. In these fields, a widespread awareness has emerged about the distinctiveness of the indigenous peoples and their traditional and cultural background, leading to a general approach in favour of the recognition of their autonomy and support for coordination between States and indigenous systems. The right of self-determination of indigenous peoples is also relevant beyond the borders of the local State, also thanks to the contribution of the UN organs established to deal with compliance with human rights. Some pitfalls nonetheless remain, such as the lack of direct access of indigenous peoples to international instruments of recourse.
The Inherent Rights of Indigenous Peoples in International Law
Databáze: OpenAIRE