Chapter

Part II Group Identity, Self-Determination, and Relations with States, Ch.8 Indigenous Belonging: Membership and Identity in the UNDRIP: Articles 9, 33, 35, and 36

Shin Imai and Kathryn Gunn

in The UN Declaration on the Rights of Indigenous Peoples

Published in print March 2018 | ISBN: 9780199673223
| DOI: https://dx.doi.org/10.1093/law/9780199673223.003.0009

Series: Oxford Commentaries on International Law

Part II Group Identity, Self-Determination, and Relations with States, Ch.8 Indigenous Belonging: Membership and Identity in the UNDRIP: Articles 9, 33, 35, and 36

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This chapter discusses Articles 9, 33, 35, and 36, focusing on the relationships between the indigenous individual and the indigenous community, group or nation, the question of the right to select or deny membership, and of duties to the community. The recognition of indigenous peoples' right to determine their own membership is crucial for their ability to meaningfully exercise their right to self-determination. Thus, the provisions of Articles 9, 33, 35, and 36 reinforce the right of indigenous peoples to define themselves, both in terms of membership and geographic scope. During the drafting of the Declaration, representatives of indigenous peoples stressed the importance of self-identification. However, some States argued that the lack of a fixed definition would create a circularity whereby people who claimed to be indigenous would define indigeneity based on the criterion that they themselves defined. A similar problem arises when discussing membership in an indigenous group or community.

Chapter.  34 pages.  17904 words. 

Subjects: Law

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