My thesis is that Indigenous peoples, as distinct people, are entitled to the full
affirmation and explicit recognition of the right to self-determination in the context of the
draft U N Declaration on the Rights of Indigenous Peoples and in international law
generally. The international community, and in particular, the nation-state members of
the United Nations must uphold their legally binding international obligations in this
regard.
My methodology has been to utilize the human rights framework and approach, as
well as rights discourse to advance this thesis. In addition, I am relying upon my direct
participation in this important standard setting process, as well as the writings of various
publicists.
The right of peoples to self-determination is considered by numerous international
authorities to be jus cogens or a peremptory norm. Similarly, the prohibition of racial
discrimination is considered by numerous authorities to be a peremptory norm.
Throughout the draft Declaration debate, a number of states have proposed
wording that would dramatically alter the scope and content of the right to selfdetermination,
thereby limiting, qualifying or modifying this right in the context of
indigenous peoples.
Any state proposals to qualify, limit or modify the right of indigenous peoples to
self-determination would be racially discriminatory. If Article 3 of the draft Declaration
were to be altered - even to include the same or similar notions as might currently exist
under international law - it would invite interpretations to be applied to indigenous
peoples' right to self-determination that are different from those of other peoples. It
might also have the effect of wrongfully freezing the interpretation of this indigenous
human right, in such a manner as to prevent or otherwise stifle its natural evolution under
international law.
If there is no equality of application of the rule of law in the context of
international law and states succeed in introducing discriminatory double standards in
connection to indigenous peoples and their fundamental right to self-determination, then
the failure of the human rights framework, the United Nations system and nation-states
themselves will seriously erode the very concepts of democracy, human rights and the
rule of law.
| Identifer | oai:union.ndltd.org:LACETR/oai:collectionscanada.gc.ca:BVAU.2429/13470 |
| Date | 11 1900 |
| Creators | Dorough, Darlene (Dalee) Sambo |
| Source Sets | Library and Archives Canada ETDs Repository / Centre d'archives des thèses électroniques de Bibliothèque et Archives Canada |
| Language | English |
| Detected Language | English |
| Type | Electronic Thesis or Dissertation |
| Relation | UBC Retrospective Theses Digitization Project [http://www.library.ubc.ca/archives/retro_theses/] |
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