You searched for: Content Type Journal Article Remove constraint Content Type: Journal Article Publishing Institution European Journal of International Law Remove constraint Publishing Institution: European Journal of International Law Political Geography Australia Remove constraint Political Geography: Australia Publication Year within 25 Years Remove constraint Publication Year: within 25 Years Publication Year within 5 Years Remove constraint Publication Year: within 5 Years Topic Human Rights Remove constraint Topic: Human Rights
- Author: Kirsty Gover
- Publication Date: 04-2015
- Content Type: Journal Article
- Institution: European Journal of International Law
- Abstract: When the UN General Assembly voted in 2007 to adopt the Declaration on the Rights of Indigenous Peoples (UNDRIP), only Australia, Canada, New Zealand and the USA cast negative votes. This article argues that the embedding of indigenous jurisdictions in the constitutional orders of these states via negotiated political agreements limits their capacity to accept certain provisions of the UNDRIP. Once the agreement-making process is set in motion, rights that do not derive from those bargains threaten to undermine them. This is especially true of self-governance and collective property rights, which are corporate rights vested to historically continuous indigenous groups. Since these rights cannot easily be reconciled with the equality and non-discrimination principles that underpin mainstream human rights law, settler governments must navigate two modes of liberalism: the first directed to the conduct of prospective governance in accordance with human rights and the rule of law and the second directed to the reparative goal of properly constituting a settler body politic and completing the constitution of the settler state by acquiring indigenous consent. Agreements help to navigate this tension, by insulating indigenous and human rights regimes from one another, albeit in ways not always supported by the UNDRIP.
- Topic: Human Rights, International Law, United Nations, Governance
- Political Geography: Europe, Canada, United Nations, Australia, New Zealand, United States of America