CERD’s contribution to the development of the rights of indigenous peoples under international law

Abstract

This chapter focuses on the work of the Committee on the Elimination of Racial Discrimination (CERD) which has systematically focused its attention on the rights of indigenous peoples, making it clear that discrimination against indigenous peoples is racial discrimination. The Committee was notably the first human rights treaty monitoring body to adopt a specific general recommendation on the rights of indigenous peoples. But more generally, throughout its work the Committee has been adopting detailed and responsive observations and recommendations regarding the rights of indigenous peoples, including under its follow up and early warning and urgent action procedures. The present chapter aims to examine the Committee’s contribution to the development of indigenous peoples’ rights. It reviews and analyses the role of the Committee regarding the overall development of indigenous peoples’ rights under international human rights law. In examining the jurisprudence of the Committee, this chapter explores how the Committee has managed to give depth to the convention to be able to cover several key issues faced by indigenous peoples, making it one of the most relevant human rights treaties for indigenous peoples globally.