Indigenous Rights Hollow Rights?

Abstract

The Declaration on the Rights of Indigenous Peoples (“the Declaration”) was the initiative of the Working Group on Indigenous Populations (“WGIP”). Established in 1982, the mandate of the WGIP was to develop international standards concerning Indigenous peoples’ rights. The Declaration was a manifestation of this mandate and a clear articulation of international standards on the rights of Indigenous peoples. It was not until 25 years later, in September 2007, that the final text was adopted by the General Assembly with a majority of 143 states in favour. Eleven states offered abstentions. Four states opposed adoption: Australia, Canada, the United States of America (“the United States”) and New Zealand.