Articulating self-determination in the draft declaration on the rights of indigenous peoples

Abstract

This paper reports on the current negotiations on the draft Declaration on the Rights of Indigenous Peoples, taking place under the auspices of the UN Commission on Human Rights. The draft Declaration's provision for an indigenous peoples' right of self- determination provides an opportunity for the world community to articulate more clearly what is meant by the right to self-determination outside traditional contexts. Part 2 of the paper describes the international legal context in which representatives of indigenous peoples make claims to self-determination, focusing on indications that a requirement of self- determination is representative government. Part 3 of the paper develops the view that self-determination should accordingly be considered as a conceptual composite incorporating provision for political participation, autonomy, choice of community, and negotiated self-determination. From this model of self-determination will flow political structures and measures which specifically take into account the particular identity and situations of indigenous peoples. Should negotiations progress, and the United Nations General Assembly eventually adopt a Declaration on the Rights of Indigenous Peoples, the author considers that it would be likely to include a provision on self-determination in such terms. In this way, a provision on indigenous peoples' self-determination could make a valuable contribution to international law.