Submission to Inquiry into the Application of the United Nations Declaration on the Rights of Indigenous Peoples (Submission 14)

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Walker, Scott
Galloway, Kate
Castan, Melissa
O'Bryan, Katie
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2022
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Abstract

Since its adoption by the United Nations (UN) General Assembly in 2007, the UNDRIP has cemented itself as ‘the most far-reaching comprehensive instrument concerning indigenous peoples, elaborated and approved as a result of a process of nearly three decades of active engagement of indigenous leaders within the United Nations system’.1 The UNDRIP reaffirms and illuminates international human rights law as it relates to Indigenous peoples and, although not binding international law, its formal endorsement by a majority of Member States of the UN lends it significant normative weight.2 The UNDRIP: (a) recognises the human rights of collective groups; (b) Seeks to repair past injustice through the recognition of rights intended to balance unequal and exploitative relationships;3 and (c) is the product of participation by Indigenous peoples alongside States,4 and is thus founded on Indigenous peoples’ self-determination and participation. It is these two ‘values that inhere within the Declaration and which ‘create[s] a framework for Indigenous dialogue’ and advocacy with and within States.

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© 2022 Castan Centre for Human Rights Law. The attached file is reproduced here in accordance with the copyright policy of the publisher. Please refer to the publisher’s website for further information.

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Submission to the Joint Standing Committee on Aboriginal and Torres Strait Islander Affairs

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Aboriginal and Torres Strait Islander peoples and the law

Domestic human rights law

Public law

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Walker, S; Galloway, K; Castan, M; O'Bryan, K, Submission to Inquiry into the Application of the United Nations Declaration on the Rights of Indigenous Peoples, 2022

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