ILA Interim Report on a Commentary on the Declaration of the Rights of Indigenous Peoples

Abstract

The author was a member of the International Law Association’s Committee on the Rights of Indigenous Peoples. Chair: Prof Siegfried Wiessner; Rapporteur: Dr Federico Lenzerini. The Committee was tasked with drafting a legal commentary on the status and content of the rights contained in the Declaration of the Rights of Indigenous Peoples. In 2010 it released its Interim Report. The author contributed 2 sections to this report (on Definition and on New Zealand in the chapter on Treaty Rights), and assisted, with other members in formulating and reviewing the whole report. The Report contains chapters on: 1. Introduction, Methodology, Background and Legal Status of the Declaration 2. Understanding the Term “Indigenous Peoples” 3. Self-determination 4. Autonomy or Self-Government 5. Cultural Rights and Identity 6. Land Rights 7. Education and Media 8. Social and Economic Improvement Rights 9. Treaty Rights 10. Development and International Cooperation 11. Reparations, Redress and Remedies 12. Rights of Indigenous Peoples under Customary International Law The Committee’s final report was released in August 2012. It, however, only addressed developments since the 2010 report which might modify its findings, and filled gaps in the 2010 report in relation to language rights and cultural heritage. Thus, the sections of the Interim Report relating to issues which are not discussed in the final Report are considered as final.